Legal Iuris

Schengen Visa in Spain: Short-stay permit for tourists.

What is a Schengen Visa?

A Schengen visa, also popularly known as a tourist visa, is a short-stay permit issued by the countries belonging to the Schengen Area that allows the interested to reside or visit these countries for a maximum of 90 days in periods of 180 days. These days can be continuous or spread out.
It is known as a tourist visa, due to its use for holiday travel, meeting with family or friends, or for the processing of a long-term residence permit. Although in general, it is used for any process involving a short stay.

For whom is a tourist visa required?

The tourist visa is intended for citizens who do not belong to a country that is part of the Schengen area. For them, obtaining this authorisation is an essential requirement before travelling. This authorisation guarantees compliance with immigration regulations and allows entry and free movement through these countries.

How to obtain a tourist visa for Spain

In the case of those coming from the UK, simply entering Spain will be enough to obtain a permit, however for those coming from other countries, it will be necessary to apply for a tourist permit.
If you only plan to visit Spain and do not intend to travel to other EU countries, you should apply for permission at the Spanish embassy or consulate in your home country.
However, if your itinerary includes visiting other Schengen countries, then the visa application process changes. In this case, you should apply at the embassy or consulate of the country where you plan to spend most of your time during your trip.

Is it possible to apply for an extension of the short-stay visa?

In general, it is not possible to extend a tourist visa once it has been issued. The holder must return to his/her home country until the next possible period in order to comply with the regulations and avoid sanctions.
However, in exceptional (and duly justified) circumstances, some authorities may consider requests for extension in unforeseen emergency situations, such as serious illness or unavoidable travel problems. In such cases, the tourist should contact the relevant consular authority as soon as possible.

90 days rule explained

So that you do not have to ask for an extension or, in the most extreme cases, fail to comply with the established deadlines, we will explain with an example how the famous “90-day rule” works.
Let’s say you arrive in Spain on 10 March. From that day on, the 90 days of your authorised period of stay starts to count.
So, if we count 90 days from 10 March, we would arrive at 8 June. Until this day, you will be able to stay within the Schengen Area without any problems. However, after 8 June, you will have reached the limit and will have to go back and wait until enough days have passed within the 180-day period for your 90-day limit to be reset.

What happens if the stay is not continuous?

In this case, a tourist arrives in the Schengen Area on 10 March and stays until 20 March, using 11 of his 90 days allowed. He then leaves the Schengen Area and returns on 1 May, staying until 10 May, using another 10 days of his visa. In total, until 10 May, he has used 21 of his 90 days allowed.
In this scenario, the tourist would still have 69 remaining days of his Schengen visa to use within the next 169 days.
If you are still in doubt, you can use your inputs and outputs as an example in this calculator.

What documents do I need to apply for a tourist visa for Spain?

To apply for your tourist permit you will need the following documents:
– Schengen visa application form.
– Recent passport-size photograph
– Valid passport
– Travel medical insurance
– Payment of the visa fee
– Documents proving the purpose of the trip and the conditions of the stay and establishing the applicant’s intention to leave the Schengen area before the expiry of the visa.
– Proof of financial means
– Proof of residence in the consular district

When do you have to apply for the tourist visa?

You may not apply more than 180 days before your planned departure date. As a general rule, it is recommended that you submit your application at least 3 weeks in advance as this is the estimated issuance time you may be given.

What are the penalties for overstaying?

As with any residence permit, non-compliance with the conditions of the permit will lead to sanctions.
You probably already know this, but it is mandatory that you control your stay if you do not want to face:
– Prohibition of entry into Schengen area
– Financial penalties
– Criminal prosecution in extreme cases.
If you still have any questions, you can contact our immigration lawyers who will be happy to help you.

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