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Date Published: 20/12/2023

The legal loophole that lets you get around the 90-day rule in Spain

Your stay in Spain can be extended beyond 90 days in exceptional circumstances

Brexit has severely curtailed the ability of British citizens to spend extended periods of time in Europe. Under the current regulations, UK nationals can’t spend more than 90 days at a time (i.e. 90 days in one continuous period) in Spain (and a maximum of 180 days per year with a 90-day break following a 90-day stay).

However, there is a little-known legal loophole called a Prórroga de Estancia by which it is actually possible to remain in Spain for longer than 90 days, but the applicant must be able to prove exceptional health or humanitarian circumstances. Needless to say, the grounds for extension have to be clearly justified and any extension will be limited.

Who can apply for a Prórroga de Estancia?

Nationals of countries who don’t require a visa to enter Spain can apply for an extension beyond 90 days for humanitarian, family, public interest or medical reasons.

Requirements

Applicants can’t be a citizen of the EU, the European Economic Area or Switzerland, or a family member of citizens of these countries.
Applicants must not be the subject of any entry prohibitions.
Those wanting to extend their stay in Spain must be able to prove they have the financial means to support themselves, and valid travel medical insurance for the duration of their stay.
Applicants are required to provide a guarantee that they plan to return to their home country, or a third State, within the agreed time e.g. a plane ticket.
They will also have to prove the exceptional reasons for the extension.

Required documents

In general, applicants will be asked to submit copies of all required documentation and to display the originals at the time of submitting the application.

Official application form (modelo EX-00) in duplicate.
Valid passport or travel document, which must be in date longer than the extension of stay.
Documentation proving the traveller has sufficient financial means, e.g. cash or traveller’s checks.
Documentation proving that the foreigner has travel medical insurance, with a validity equal to or greater than the requested extension.
A plane or train ticket guaranteeing the return of the foreigner to their home country or another State.
Documentation supporting the exceptional reasons for which the extension is requested.

Additional requirements

When documents from other countries are provided, they must be translated into Spanish.
All foreign public documents must be previously legalised by the Spanish Consular Office with jurisdiction in the country in which said document was issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation.

How to apply

Electronically: Applicants can complete the necessary forms through the dedicated Mercurio app.
In-person: Alternatively, the application can be made in person at the Immigration Office or Police Station in the town where you are located. The extension of stay must be requested before the expiration of the authorised three months .

Fees

Applicants must pay the extension of stay fees before turning in their documentation. Fees can be paid using form 790 code 052 if the extension is being processed at the Immigration Office or form 790 code 012 if it is processed at the Police station.

In both cases, the form will need to be downloaded and printed and fee paid at the bank.

What happens next?

If your extension is granted, it will either be recorded on your passport or travel document.
If you are denied, you will be expected to leave Spain before the end of the 90-day period or, if this has already elapsed, within the next 72 hours. The departure period will be stated on the passport or travel document.

Also of interest: The Spanish Digital Nomad Visa—Are you eligible to work remotely from Spain?

Image: Pixabay

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