What Happens If You Overstay the 90-Day Limit

By SGM Abogados – Experts in Immigration and Residency Law in Spain

Who Does the 90-Day Rule Affect?

The 90-day rule applies to all non-EU nationals, including citizens of countries like the United States, Canada, the UK (post-Brexit), Israel, and Australia. Whether or not you need a visa to enter Spain, you are still bound by this rule.

To remain in Spain longer than 90 days in any 180-day period, you’ll need to obtain a long-stay visa. These visas can be issued for various reasons, such as work, study, family reunification, or financial independence, and include options like the non-lucrative visa, Nomad and student visa.

If you don’t hold one of these visas or a valid residency permit, staying beyond the 90-day mark is considered overstaying.

How Is Overstaying Detected?

Gone are the days when a simple stamp in your passport was the only record of your travels. Now, passport data is digitally logged on both entry and exit, making it clear when someone has exceeded their permitted time.

What’s more, the upcoming Entry/Exit System (EES)—set to launch across the EU—will make this process even more stringent, eliminating any margin for error or oversight.

What Are the Consequences of Overstaying?

While enforcement and penalties vary across EU countries, Spain does have legal provisions to address overstays—though it has a reputation for being somewhat more lenient than its neighbours.

Under Article 53.1.a of Spain’s Immigration Law, overstaying can be considered a serious offence, with potential consequences including:

Fines ranging from €501 to €10,000, depending on the severity of the violation
Expulsion orders from Spain
Re-entry bans to the Schengen Area for six months up to five years
In rare and extreme cases, prison sentences of up to one year—typically only applied when combined with aggravating factors like working illegally or committing a crime

However, Spanish courts often prefer imposing fines over immediate expulsion, and the government has confirmed that individuals cannot be fined and deported simultaneously.

What About Minor or Accidental Overstays?

Spain tends to distinguish between accidental and deliberate overstays. A brief delay due to illness, cancelled flights, or unforeseen events is unlikely to trigger harsh penalties—particularly if you’re honest and proactive in explaining your situation.

For instance, during the COVID-19 pandemic, Spain allowed a temporary three-month grace period for third-country nationals who could not leave due to travel restrictions. Even now, Spanish immigration services may grant temporary visa extensions in cases of emergency.

Moreover, for travellers who aren’t working, claiming benefits, or posing any threat to public order, Spain is often flexible—especially when the overstay is just a matter of days.

How to Avoid Overstaying

To stay compliant, make sure you fully understand how the 90-day rule works:

Day of arrival and departure count: Both are counted as full days, even if your flight lands late or departs early.
Use a Schengen calculator: If you’re planning multiple trips, use an official 90/180-day calculator to track your remaining days.
Plan ahead: Book your return flight several days before your 90-day limit, giving yourself a buffer in case of travel disruptions.

Final Word from SGM Abogados

While Spain may be more understanding than some EU countries, overstaying your 90 days is a legal violation. Penalties can be severe—especially for deliberate breaches—so it’s always best to stay within the legal limits or apply for the appropriate visa if you wish to remain longer.

If you’re unsure about your situation or want to explore long-term options like residency or a non-lucrative visa, our team at SGM Abogados is here to help. With over 25 years of experience assisting international clients, we’ll make sure you’re always on the right side of Spanish immigration law.

📩 Contact us today for personalised legal advice on residency, visas, and immigration compliance in Spain.