What is the penalty for staying longer than 90 days in Spain?

Penalties For Overstaying Visitors who overstay beyond 90 days are subject to potential sanctions. They may be fined for every extra day they spend in the country, forced to leave, or banned from entering Spain or any other Schengen nation in the future. For gross violations, a jail term may be the consequence.



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The 90-day clock starts ticking the moment you enter Spain. The 90-day regulation is enforced across the whole Schengen countries, and not just in Spain.

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Once you have reached the 90/180 day limit, you must return to your country of origin. If you wanted to extend your stay in Spain, you would still need to return home to apply for an appropriate visa at your country's Spanish embassy, so that you can come back to Spain and obtain a residence permit for a longer stay.

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The 90-day limit refers to the maximum cumulative duration of your stay within any 180-day period. It does not require you to stay continuously for the full 90 days. This means that you can stay for a few days, then leave the Schengen area and enter again, as long as you don't overstay 90 days within a 180-day period.

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For the avoidance of any confusion, most EU nations are members of the Schengen area, which comprises 26 countries, but not all of the countries in Europe are members of the EU. That is why only European citizens from the 26 Schengen nations can enter Spain without a visa and stay for 90 days.

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The first option is to rent out your Airbnb as a short-term let on the platform and change it to a medium- or long-term rental property once you have reached the ninety-day limit. Airbnb will not take your listing down if you change it to a rental for 90+ days, and you will also be fully compliant with the regulations.

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