For UK citizens traveling to Spain after Brexit, the 90-day rule is one of the most important regulations to understand. Whether you’re visiting as a tourist, working remotely, or considering a more permanent move, staying compliant with Spain’s immigration rules is crucial to avoid penalties or entry bans.
In this blog, Lexidy’s immigration lawyers in Spain will answer the most common questions about the 90-day rule, explaining how it works, who it applies to, and what options are available for those who want to stay longer.
So, if you’re considering emigrating to Spain from the UK or you’re navigating visa options after Brexit, be sure to read on for all of the information you need.
What is the 90-Day Rule in Spain, and Who Does It Apply To?
The 90-day rule is a regulation in the Schengen Area that limits the amount of time non-EU citizens—including UK citizens after Brexit—can spend in Spain without a visa/residence permit. The regulation means that UK nationals can stay in Spain for up to 90 days within a 180-day period for tourism, visiting family, or attending business meetings.
This rule applies to all non-EU travelers who do not hold a long-term visa or residence permit. The 90-day limit is cumulative across the Schengen Area, meaning time spent in other Schengen countries also counts toward the total. For example, if you spend 60 days in Spain and then 30 days in France, you have reached your 90-day limit and must leave the Schengen Area until the 180-day cycle resets.
For Brits coming to Spain after Brexit, this rule means that staying long-term requires applying for a visa or residence permit. Options include the Non-Lucrative Visa, and Digital Nomad Visa, depending on your financial situation and purpose of stay.
How is the 90-Day Limit Calculated? (Does it Reset Every Year?)
The 90-day rule in Spain follows a rolling 180-day period, and it is not a fixed calendar year – it does not reset every January 1st. Instead, your 90-day allowance is counted backwards over the last 180 days from any given date.
To determine if you’ve reached your limit, count the total days spent in Spain (or any other Schengen country) within the past 180 days. If the total reaches 90 days, you must leave the Schengen Area and cannot return until enough days have passed for you to be under the limit again.
For example:
- If you arrive in Spain on March 1st and stay 90 consecutive days, you must leave on May 30th and cannot return until at least August 29th (when the 180-day period resets).
- If you visit for 30 days in January, 30 days in April, and 30 days in June, you must wait until July for earlier days to “drop off” before visiting again.
This rolling calculation can make it tricky to track your days, so it’s a good idea to use a Schengen visa calculator or seek expert guidance if you’re unsure about your status.
Can I Extend My Stay Beyond 90 Days in Spain?
If you’re a UK citizen and wish to stay in Spain beyond the 90-day limit, you cannot simply extend your stay while on a tourist visa. However, there are a few legal ways to remain in Spain for more than 90 days:
1. Apply for a Long-Stay Visa or Residence Permit
When planning an extended stay in Spain for work, study, or retirement, securing the appropriate long-stay visa or residence permit before your 90-day visitor period ends is crucial. Options include the Non-Lucrative Visa for retirees or those living without work, the Digital Nomad Visa for those employed by companies outside Spain, and the Highly Qualified Professional Permit for individuals with job offers in Spain. Additionally, provisions exist for joining family members in the EU.
2. Apply for an Extension in Exceptional Cases
Extensions are rarely granted, but in exceptional situations—such as medical emergencies or force majeure—you may request an extension at a local Extranjería (immigration office) before your 90 days expire. Approval is not guaranteed and is subject to strict conditions.
3. Leave and Re-enter After a Sufficient Waiting Period
Once you reach the 90-day limit, you must exit Spain and cannot return until enough days have passed within the rolling 180-day period. However, if you need a longer stay, applying for a residence visa is the best solution.
What Happens if I Overstay the 90-Day Limit in Spain?
Overstaying your permitted 90-day stay in Spain can lead to serious consequences. The Spanish authorities strictly enforce this rule, and non-compliance may result in the following:
1. Fines and Penalties
If you remain in Spain beyond the 90-day limit, you could face fines ranging from €500 to €10,000. The severity of the fine depends on the length of the overstay and the circumstances. While first-time overstays may result in a warning, repeated violations can lead to more severe consequences.
2. Possible Deportation or Entry Ban
In cases of significant overstays, Spanish authorities may issue a deportation order or an entry ban, restricting future travel to Spain and other Schengen Area countries for a certain period. The severity of the penalty depends on the length of the overstay and whether it was intentional.
3. Difficulty Obtaining Future Visas
Overstaying your visa may negatively impact your ability to obtain long-term visas or residence permits in the future. Immigration authorities may view your record as non-compliant, making it harder to secure approvals for legal residence.
4. Travel Complications Within the Schengen Zone
Since Spain is part of the Schengen Area, an overstay in Spain is considered an overstay in all Schengen countries. This means that even if you try to enter another Schengen country, border control may flag your passport and deny you entry.
What to Do If You Have Overstayed?
If you have already exceeded the 90-day limit:
- Leave Spain as soon as possible to minimize penalties.
- Keep records (e.g., flight tickets, medical reasons) to explain your overstay if questioned in the future.
- Seek legal advice if you face fines, deportation, or an entry ban.
Does Owning Property in Spain Exempt Me from the 90-Day Rule?
Owning property in Spain does not exempt you from the 90-day rule that applies to visitors under the Schengen Area regulations. Purchasing a home or other real estate in Spain does not automatically grant you the right to reside in the country for longer than 90 days in any 180-day period.
To extend your stay beyond this limit, you must apply for and obtain a valid visa or residence permit. This rule ensures that all non-EU residents comply with immigration laws, regardless of property ownership or other ties to Spain.
Can I Work Remotely or Run a Business in Spain while Staying Under the 90-Day Rule?
Yes, you can work remotely in Spain during your 90-day stay, but there are limitations. The key factor is whether your work is for a Spanish company or client, as this could require a visa or work permit.
What’s Allowed Under the 90-Day Rule?
- You can work remotely for a non-Spanish employer while in Spain.
- Running a business outside of Spain is generally permitted, as long as you don’t engage in business activities within Spain.
- Attending business meetings, conferences, or networking events is allowed, but working for a Spanish company is not.
What’s Not Allowed?
- You cannot work for a Spanish company or client without a valid work visa.
- Running a business registered in Spain may require a visa and tax registration.
- Engaging in activities that could be classified as local employment is not permitted under a tourist stay.
In short, if you don’t plan on working for a Spanish company or any Spanish clients during your 90 days, you may not require a visa as long as any work you conduct is remote work or running a business outside of the Schengen Zone.
How Does the 90-Day Rule Affect UK Citizens Who Want to Retire in Spain?
As you are limited to 90 days within a 180-day period without a visa, retiring and living full time in Spain can be difficult. You cannot live there year-round under the 90-Day Rule—you will need to apply for a residence permit.
What are the residency options for Brits planning on retiring in Spain?
If you want to retire and live in Spain full-time, the Non-Lucrative Visa is your best bet:
- Ideal for retirees with passive income (pensions, savings, investments).
- Requires proof of financial self-sufficiency (at least €28,800 per year for one person, plus €7,200 for each dependent).
- Does not allow you to work in Spain.
- Grants one-year residency, renewable for 2 years until reaching 5 years of residency when you can request the permanent residency.
What If I Only Want to Stay in Spain Part-Time?
If you do not want full-time residency, you can still enjoy Spain as a seasonal resident under the 90-day rule. Many UK retirees spend winter in Spain (90 days) and return to the UK for the rest of the year.
The 90-day rule makes it difficult for UK citizens to retire permanently in Spain without a visa. If you want to live in Spain year-round as a retiree, the Non-Lucrative Visa is likely your best option.
What Visa Options Are Available if I Want to Stay Longer Than 90 Days?
If you’re a UK citizen and you want to stay in Spain past the 90 days in a 180-day period, you’ll need a visa or residence permit. There are visa options available that have been discussed already such as the Non-Lucrative Visa (ideal for retirees or those earning passive income), Work permits as employees or self-employed and the Digital Nomad Visa (ideal for remote workers).
1. Digital Nomad Visa (For Remote Workers & Freelancers)
- Allows non-EU citizens to live and work remotely in Spain.
- Requires proof of remote employment or freelance contracts.
- Offers up to 3 years residency permit, renewable for 2 extra years.
- Provides tax benefits under Spain’s Beckham Law if you are an employee.
2. Non-Lucrative Visa (For Retirees and Individuals With Sufficient Funds)
- Ideal for those who wish to reside in Spain without engaging in economic activities.
- Requires proof of sufficient financial means to support oneself without working.
- Offers an initial one-year residency, renewable for 2 years provided you continue to meet the requirements.
3. Highly Qualified Professional Permit (For Skilled Workers)
- Targets individuals who have received a job offer in Spain in a highly qualified capacity.
- Requires proof of higher education diploma as well as specific employment and salary requirements.
- Provides an expedited route to residency for the applicant and their family.
4. Entrepreneur Visa (For Business Owners)
- Designed for individuals starting a business or freelance activity in Spain.
- Requires a viable business plan and economic benefit to Spain.
Visa applications can be complex, and requirements vary based on your circumstances. Visit our Spanish Immigration service page to learn more about choosing the right visa and how our team of legal experts can help you navigate application process with ease.
Does the 90-Day Rule Affect my Tax Residency in Spain?
The 90-day rule and tax residency rules in Spain are separate. However, depending on how long you stay in the country, they can overlap. Here’s what you need to know:
The 90-Day Rule and Tax Residency Are Not the Same
The 90-day rule applies to short stays in Spain without a visa. On the other hand, tax residency is determined by staying more than 183 days (6 months) in a calendar year. This means that even if you visit Spain multiple times under the 90-day rule, you won’t automatically become a tax resident unless you exceed the 183-day threshold.
When Do You Become a Tax Resident in Spain?
You will be considered a Spanish tax resident if:
- You stay in Spain for more than 183 days in a calendar year (even if non-consecutive).
- Your main economic interests (business, job, or assets) are based in Spain.
- Your spouse or dependent children live in Spain, even if you travel frequently.
Tax Implications of Becoming a Resident
Becoming a tax resident in Spain comes with some implications. These include:
- Worldwide Income Tax: Spanish tax residents must declare and pay tax on their worldwide income.
- Non-Resident Tax: If you remain a non-resident (staying under 183 days), you only pay tax on Spanish income sources, such as rental income from a property in Spain.
- Wealth Tax: Spain has a Wealth Tax on assets above certain thresholds, which may affect UK citizens with property or high-value assets in Spain.
Avoiding Unintentional Tax Residency
If you frequently travel to Spain but don’t want to become a tax resident, be mindful of your stay duration. Keep track of your days and seek professional tax advice if you spend long periods in Spain.
How Can I Track My Days in Spain to Avoid Overstaying?
Staying compliant with the 90-day rule in Spain requires careful tracking of your time in the country. Since the rule applies to any 180-day period, it is essential that you maintain accurate records of your entry and exit dates. Here’s how you can do it:
1. Use Passport Stamps as a Reference
When entering or leaving Spain (or any other Schengen country), border officials will stamp your passport. These will serve as official proof of your travel history.
2. Keep Digital Records of Travel
To take extra precautions and ensure accuracy, you can track your time in Spain using:
- Flight tickets and boarding passes
- Train and ferry tickets
- Accommodation bookings (hotels, Airbnb, or rental agreements)
- Bank transactions or receipts (showing purchases in Spain)
3. Use Online 90-Day Stay Calculators
There are also free online tools that can help you calculate how many days you’ve spent in the Schengen Zone and how many remain before exceeding the limit. Popular options include:
- The Schengen Visa Calculator is provided by official EU sources.
- Travel apps like Schengen 90 Days Calculator (available on iOS and Android).
4. Be Aware of Rolling 180-Day Periods
The 90-day rule operates on a rolling basis, meaning you must always look back 180 days from any given date to check how many days you’ve already used. It doesn’t reset on January 1st each year.
Conclusion
The 90-day rule in Spain is a crucial regulation for UK citizens visiting the country ever since Brexit. It limits stays in Spain and the Schengen Zone to 90 days within any 180-day period, affecting tourists, second-home owners, and remote workers alike. Overstaying can lead to fines, deportation, or future entry bans, so it’s essential to track your days carefully.
If you want to stay longer than 90 days, Spain offers several visa options, such as the Non-Lucrative Visa, Digital Nomad Visa, and Work Permits, depending on your circumstances. While owning property in Spain does not exempt you from the 90-day rule, securing a residence permit can provide a more permanent solution.
Need help navigating the visa process? Whether you’re considering making a move or just weighing your options, you can find all the information you need on our Spanish Immigration service page. If you’re ready to discuss your specific needs or have questions, simply fill out the form below to speak directly with our team.
