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All nationals of third countries, that have not yet reached a visa-liberalisation agreement with the Schengen member states, must obtain a visa before arriving in Europe.

This exemption typically applies to citizens of specific countries with visa waiver agreements in place.

The following categories are subjected to the 90/180-day rule when travelling to Europe’s visa-free zone:

• All foreign nationals who are non-EU/EEA citizens, but can enter visa-free in the Schengen area (US, Canadian, Australian citizens, etc.).
• All foreign nationals who possess a valid multiple-entry Schengen visa.
• British nationals (because of Brexit, the United Kingdom is no longer in the EU; therefore, they must now follow the 90/180-day rule).

If you stay more than 90 within 180 days, you’ve effectively breached the 90/180 rule, and you will most likely either be deported, fined, or banned from entering the Schengen zone for several years.

EU/Schengen border officials may also ask for other information and documents such as sufficient funds, proof of accommodation, how long you intend to stay, round-trip airline ticket, the purpose of your entry, travel insurance, invitation letter, etc.

Please ensure that the border officer gives you an entry stamp in your passport when you enter the Schengen area. Without a stamp, you could be fined or detained.

You can travel for the following purposes:

• Business purposes
• Visiting friends and family
• Tourism and holidays
• Cultural and sports events
• Airport transit and transit for seafarers
• Official visit
• Medical reasons
• Short-term study and research purposes.
  
  

There are two main components to this rule: the 90 days and the 180 days — both represent different calculations as follows:

• Staying for 90 days: Thismeans that as soon as you enter any country within the Schengen area, your 90-day clock starts. This counts for every country in the zone. For example, let’s say you spend 30 days in Germany, then 30 days in France, and 30 days in Austria; you’ve spent 90 days in the Schengen zone. Your 90-day count stops the moment you leave the area. So, let’s say you spend 30 days in Germany, return to your country for a few days, and then spend another 30 days in France; that means you only spent 60 days in the Schengen zone, and you have 30 more days left.
  
  
• Spending your 90 days within 180 days:The 90 days you are allowed to spend in the Schengen zone are eligible for 180 days. This period is commonly called a “rolling timeframe” because it’s constantly moving— each day you spend in Schengen advances your 180-day period. This period is counted backwards from your most recent entry or exit dates. So, let’s say you enter the Schengen area on July 1, 2023; you count backwards for 180 days from this date and calculate how many days you have spent in the Schengen area during these 180 days. If you’ve already spent 60 days, you have another 30 days left.

If you are having trouble counting the days you could use a Schengen calculator, you will find mobile/tablet applications to download from an AppStore, or other tools on websites.

A Schengen visa is a permit that allows you to enter and travel freely within the Schengen Area, which comprises 27 European countries, for short stays up to 90 days within a 180-day period, primarily for tourism or business purposes.

• 23 members fully implement the Schengen acquis,
• Iceland, Norway, Switzerland and Lichtenstein are associate members of the Schengen Area but are not members of the EU. They are part of the EFTA and implement the Schengen acquis through specific agreements related to the Schengen agreement.
• Monaco, San Marino, and Vatican City have opened their borders but are not members of the visa-free zone.
• The Azores, Madeira, and the Canary Islands are special members of the EU and part of the Schengen Zone, even though they are located outside the European continent.
• Four more EU members have not joined the Schengen zone: Ireland – which still maintains opt-outs, Romania, Bulgaria, and Cyprus – seeking to join soon.
  
  

Non-EU citizens who are legally resident in an EU country are exempt from needing to apply for an ETIAS travel authorization. This exemption applies to both ETIAS and the Entry/Exit System (EES).

• The Entry/Exit System modernises the management of the EU’s external borders, gradually improving the experience for travellers.
  
• System for registering non-EU nationals travelling for a short stay in 29 European countries.
• It identifies overstayers and provides reliable data on entries, exits, and refusals of entry.
• This system will effectively combat identity fraud by collecting biometric data.
• Security within the EU will be strengthened thanks to improved border checks, use of electronic records and biometric data.
• The EES promotes real-time information sharing, ensuring that border authorities across the EU have the right information at the right time.

• It is a new travel authorisation system designed by the European Union to enhance security for visa-exempt travellers entering the Schengen Area.
  
• Travel authorisation for visa-exempt travellers to enter 30 European countries
  
• Nationals from countries with a visa-liberalisation agreement with the EU will need to obtain an ETIAS authorisation before travelling to the EU.
  
• With a valid ETIAS travel authorisation, you can enter the territory of these European countries as often as you want for short-term stays - normally for up to 90 days in any 180-day period. However, it does not guarantee entry. When you arrive, a border guard will ask to see your passport and other documents and verify that you meet the entry conditions.
  
• This is an IT system for the identification of security, irregular migration or high epidemic risks posed by visa-exempt visitors.
• ETIAS enforces a maximum stay of 90 days within any 180 days in the EU. Business travellers visiting the EU must carefully track their stays to stay within this limit.
• It is linked to a traveller’s passport and is valid for up to three years or until the passport expires, whichever comes first. If you get a new passport, you need to get a new ETIAS travel authorisation.

Further information can be found on the European Union Travel Website (opens new window).

While the Schengen tourist visa primarily covers leisure travel, there is no explicit prohibition against remote work during your stay.

Remote work should not be the primary reason for your visit.If your main intention is tourism, incidental remote work (such as responding to emails or making phone calls) is generally acceptable.

Important: You must not come to the Schengen Area with the primary intention of working remotely. The primary purpose should remain tourism or other exempt activities.

Spain like some other countries has introduced a digital nomad or remote working visa. If you are from a Non-EU country and want to remain in Spain, the Spanish Digital Nomad Visa may be right for you. You can learn in the Help At Hand Spain Remote Working Guide here.

It is generally not possible to extend a Schengen Visa during your trip, apart from in exceptional circumstances. If you want to extend your trip, you will have to exit the Schengen Area and apply for a new visa to return and continue your visit. While it is possible to extend your Schengen Visa, the Member States only approve extension requests for extraordinary reasons. You cannot extend a visa unless you have a strong and valid reason to do so

• Force Majeure: Unforeseen events such as natural disasters, political instability, or medical emergencies that prevent you from leaving the Schengen Area.
• Humanitarian Grounds: Situations where your health or safety is at risk, or where you need urgent medical treatment.
• Serious Personal Reasons: These could include the death or serious illness of a close family member, requiring you to stay longer.
• Unavoidable Flight Delays or Cancellations: If your return flight is unexpectedly cancelled or delayed due to circumstances beyond your control.
• Legal Proceedings: If you are involved in legal proceedings (e.g., as a witness or victim) that require you to stay longer.
• National Interest: In some cases, the host country may consider it in their national interest to allow an extension.

Remember that each case is evaluated individually, and you must provide strong evidence to support your request for an extension. If you want to extend your visa in Spain, you must make an appointment and apply at a foreigners office and there is a fee that must be paid.

IMMIGRATION
The law Royal Decree 240/2007, of 16 February, requires EU citizens to apply for residency within 90 days of arriving in Spain.  The Schengen Borders Code, specifically Regulation (EU) 2016/399 includes the rules regarding the 90-day limit within any 180-day period.

Article 55 of Organic Law 4/2000 outlines the penalties for serious violations of immigration regulations in Spain.  These sanctions/penalties can include:

• Fines ranging from €501 to €10,000.
  
• Deportation/Expulsion from Spain.
• A potential ban from re-entering Spain for a specified period (for EU Citizens), and for Non-EU Citizens a potential ban from re-entering the Schengen Zone from a few months to several years.

TAX
The laws 35/2006 Article 9 of the Spanish Personal Income Tax Law states an individual is considered a tax resident if they spend more than 183 days in Spain during a calendar year. The law emphasises the duration of stay and economic ties rather than the formal registration of residency.   

There are instances where individuals have been considered tax residents without registering their residency. One notable case is the Spanish Supreme Court ruling 2735/2023 dated June 12, 2023. The case clarified that the Spanish tax authorities must consider the tax payers physical presence and economic ties in Spain even if they have not registered their residency. 

Citizens of the European Union (EU) or of the States of the European Economic Area (EEA) orSwitzerland can apply for residency in Spain directly.

Family members (i.e. Parents, Spouse, Child Dependents) of citizens of the European Union or of the States of the European Economic Area (EEA) or Switzerland are entitled to a preferential free-of-charge visa, provided that they are travelling with the citizen of the European Union, the EEA or Switzerland or are on the way to joining them.

If you are a Non-EU Citizen and do not have any family ties to an EU Citizen you MUST obtain a Visa if you intend to stay in the Schengen Zone (including Spain) longer than 90 days.

• EU, EEA & Swiss Citizens: Whilst you can travel freely within the Schengen Zone as an EU Citizen, this does not mean you are exempt from applying for residency if you want to live, work and stay in Spain longer than 90 days. In accordance with the law you must register in Spain by applying for residency. Leaving and re-entering does not reset the 90-day limit on registering, however in practice as there are no border controls this could be possible. However, it remains a risk if you are asked to prove your permanent place of residence and don't forget in the modern world there is a Digital Fingerprint of what you have been doing (i.e. purchases, mobile phone usage and more)
  
  
• Family Member of EU Citizen: There is a legal requirement to apply within 90 days, the number of days may be reduced if you have travelled within the Schengen Zone prior to entering Spain. It's important you plan in advance by speaking with an immigration professional on the residency application procedures. Generally speaking there will be documents that you will need to gather prior to travelling to Spain which could take some time to organise.
  
  
• Family Member of a Spanish Citizen: If you are a Non-EU citizen and are in a married or registered partnership with a Spanish Citizen, you can apply for Arraigo Familiar (Family Roots in English).
  
  
• Relatives of British citizens who are beneficiary of the EU/UK Withdrawal Agreement: You can also apply for residency.
  
  
• Non-EU Citizens without Family Ties to EU Citizens: You will need to apply for a Visa, there are many types of visas available. It is recommended to look on your local Spanish consulate website for a full list.

Confused? Don't worry Help At Hand Spain is here to guide you every step of the way on your journey to Spain. We have a range of services for Visas, Residencies and other services to help you move to Spain successfully. For further information Review Our Services and feel free to Open a New Enquiry.