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Staying over 90 days in Spain

We are planning a trip to Spain since we are retired, and plan to stay about 10 days passed the 90 days allowed. We talked to the Spanish Embassy/Consulate in Ontario Canada but they did not provide us with much information (they say they are too busy to answer all our questions), other than we maybe should apply for a visa which is $750 Canadian and we may not even be approved.

Does it have to be 90 consecutive days we stay in Spain? What if we go to England for a week, which is not part of Schengen . Does the clock restart again once we go back to Spain?

I read on some other travel blogs that these days don’t need to be consecutive — the total is cumulative. Once day 181 hits, the count resets itself. Can anyone confirm this. Thank you

Posted by
86 posts

I believe, and many will correct me if I am wrong, that it is no more than 90 days out of the next 180 days from entry into the Schengen Zone. So if you leave to a non-Schengen country for a duration that would make your stay in Spain less than the allowable 90, then you should be fine. But make sure you keep good records.

Posted by
183 posts

The answer to such questions is quite dependent on what country issued the passport . . .

Posted by
2393 posts

The clock does not "reset" - it is a rolling 90 out of past 180. If you spend days 1 through 90 in Spain at day 181 you could stay 1 day in Spain again, and one day for each successive day after 180. If you spend days 1 - 70 in Spain, then days 71 through 81 in the UK you could then spend days 82 through 100 (your exit day & return days each count in the 90)

Hope that makes sense

Posted by
8889 posts

This is a common question, and though the answer is simple a lot of people are confused.
As a non-EU/Schengen Area citizen (I am assuming you are Canadians), you are allowed 90 days in any 180 in the Schengen Area. Exactly that.
If you go to England (or anywhere else not in the Schengen Area), it does not restart the clock. The "clock" stops when you leave and resumes from where it left off when you return. Entry and exit days count as full days.
The count is not reset on day 181. It is 90 days in any 180, re-calculated every day. Every morning you must ask yourself "how many days in the last 180 have I been in the Schengen Area?". If the answer is 90, you must leave that day.

One day 181, your first day is now 181 days in the past, so you have 89 days in 180 and can stay. If your stay was (for example) 10 in Spain + 20 in England + 80 in Spain + 70 in England = 180, you can, as above return on day 181. But, on day 190, you again will have no more days left, and no more will "fall off the end", so you must again leave.

Posted by
5294 posts

Concetab,

So... You can only stay in Spain, or within any of the Schengen countries, no more than 90 days, unless you apply & receive a long-stay visa in your country (presumed to be Canada)

Here is an excerpt from Government of Canada's website :

Note that Canadian travellers do not need visas for short-term visits in the Schengen Area (up to 90 days within a six-month period). The 90 days are cumulative and apply to travel within all countries of the Schengen Area. After 90 days of continuous stay in the Schengen Area, Canadians must leave for another 90 days before they can re-enter. It is important to get your passport stamped when entering the Schengen Area. The absence of an entry stamp from the initial Schengen port of entry could create difficulties during subsequent encounters with local police or other authorities throughout the Schengen Area. Canadians who overstay the permitted 90 days in the Schengen Area may be fined or deported. To visit for longer than 90 days, Canadians must obtain a long-stay national visa.

Here are the requirements you'll need to obtain a long-term visa from the Spanish Consulate in Canada, in order to reside in Spain for more than 90 days.

Edit to add... Applying for a long- stay visa looks very complicated & time consuming (and expensive!)...

Have you considered visiting Spain for 89 days then traveling to a country outside the Schengen area such as the UK?

Posted by
6 posts

We are thinking of going to the UK as we have family there, so that would definitely be a possibility of staying there and then returning to Spain. Thank you everyone for all your information it was very helpful .

Posted by
9371 posts

But keep in mind that, no matter how long you stay in the UK, you still only enough days left in Spain to reach 90 when you come back.
Example:
Day 1-60 Spain 60 days used
Day 61-71 UK no days used
Day 72-101 90 days used, and you must be gone. You have to stay gone 90 more days before you can have a full 90 days again.

Posted by
8889 posts

Nancy, "Day 72-101 90 days used, and you must be gone. You have to stay gone 90 more days before you can have a full 90 days again."
Not quite true. It is a rolling 90 days. You must not stay more than 90 days in any 180 in the Schengen Area (assuming you are not an EU/Schengen citizen).
On day 181, you will only have 89 days in the last 180 (day 1 is now 181 days in the past). You can now return as days are now "falling off the end". But only for another 60 days. After that (day 180+60=240), you must now leave again.

Posted by
9371 posts

Yes, I understand that. But to have a FULL 90 days again, you must be gone 90 days, which is what I said. I did not say that you have to be gone 90 days before you can come back.

Posted by
3643 posts

Someone mentioned keeping good records. No need. The only record that counts is the date stamps on your passport, which show when you entered and when you exited the Schengen zone. And, while, some have escaped the penalties for overstaying, it's highly risky and not advisable. I know of two cases. One was a college student who was caught at the Brussels airport when leaving for home. She was thrown in jail and ended up having to pay a 500 euro fine. The other was caught when changing planes in Zurich. He had gone back to the U.S., for a short stay, from, and was returning to a Schengen country . He was locked in a hotel room and put on a flight back to the U.S. the next day.

Posted by
9371 posts

Sure, you can keep track with your passport stamps, but if you make several trips in and out, as some do, you could be looking awhile to find them. Easier, I think, to just jot it down on a calendar, where the records could be all on one page. My stamps are sometimes nowhere near each other.