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How long can my girlfriend stay in Spain without her own Digital Nomad Visa?

 

Without her own Digital Nomad Visa, your girlfriend can stay in Spain for up to 90 days within a 180-day period under the Schengen Area rules. This is applicable to U.S. citizens traveling for tourism or business purposes. For stays longer than 90 days, she would need to apply for a different type of visa or residency permit.

Understanding the Schengen Area Rules

The Schengen Area is a zone comprising 27 European countries that have abolished passport control at their mutual borders. Spain is one of these countries, allowing travelers to move freely among member states for short stays. For Americans, this means your girlfriend can spend up to 90 days in the Schengen Area, including Spain, within any 180-day period without requiring a visa.

Calculating the 90/180-Day Rule

Understanding the 90/180-day rule is crucial for avoiding overstays. The rule works on a rolling basis, considering the last 180 days before each day of stay. Therefore, if your girlfriend spends 90 consecutive days in Spain, she must leave the Schengen Zone and can only return after spending 90 days outside of it. It’s important to track her days spent within the Schengen Area to ensure compliance.

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Penalties for Overstaying

Overstaying the allowed 90 days can result in penalties, including fines, deportation, and a potential ban from re-entering the Schengen Zone. The severity of the penalty depends on how long she overstays and the circumstances surrounding the overstay. Therefore, adhering to the 90-day limit is essential to avoid these consequences.

Staying Longer: Visa Options

If your girlfriend plans to stay in Spain for more than 90 days, she must apply for a visa or residency permit. One common option is the NLV, which allows for long-term stays without the need to engage in any economic activities. This visa requires proof of sufficient financial resources and private health insurance.

Other Visa Options

In addition to the Non-Lucrative Visa, your girlfriend can explore other visa options based on her situation. The Spanish Remote Working Visa is perfect for those who wish to work remotely while residing in Spain. This visa requires proof of employment and financial means.

Application Process for Longer Stays

When applying for a visa or residency permit, your girlfriend will need to gather several documents. These typically include a completed application form, a valid passport, proof of sufficient financial means, health insurance, and sometimes a police clearance certificate. It’s advisable to start the application process several months before her planned departure to account for processing times.

Residency Permits

If your girlfriend wishes to establish long-term residency in Spain, she may consider applying for a residency permit. These permits are suitable for various purposes, including work, study, or family reunification. Each type of permit has specific requirements and application processes that must be followed diligently.

Travel Insurance and Health Coverage

Regardless of the duration of her stay, your girlfriend should have travel insurance that covers medical emergencies and accidents. If she plans to stay for an extended period, obtaining comprehensive health insurance is crucial to meet visa requirements and ensure access to healthcare services.

Practical Tips for Staying in Spain

Before traveling, your girlfriend should ensure her passport is valid for at least three months beyond her planned departure from the Schengen Area. Additionally, maintaining a detailed record of her travels within the Schengen Zone can help avoid any confusion regarding the 90/180-day rule. It’s also beneficial to familiarize herself with local customs, language, and transportation systems to ease the transition into Spanish life.

For more details, check out our comprehensive guide – How to move to Spain – The Complete How To.

Need help moving to Spain and not sure where to start? Contact us today or set up a Zoom consult and we’ll help you explore your options.

David Poole is a South African entrepreneur and businessman, and founder of Consult Immigration.