I am a U.S. citizen. Can I stay in Spain for three months, return to the US for a weekend and then return for another 3 months?

Hi mgargcia!

Wow, don't we all wish it could be that easy. It's a common misconception that people visiting foreign countries can pop over the border for a couple days and then go back for a "fresh" 90 days but it doesn't work like that. It's 90 days maximum stay PER one year period - although I can't find that written on the website below...

According to the US Embassy in Madrid website :

You can, but it won't make any diffence whatsoever when it comes to your legal status in Spain.

You get 90 days in the six-month period after you first enter Spain. You can't leave and restart the six months. This isn't anything new. It's been this way for at least 15 years. I'm not sure why there is so much misinformation about this... And (if I remember correctly) the ninety days that you get aren't just for Spain but are for all Schengen countries. So if you want to be in Spain for more than three months you either have to do so illegally or enter with a long-term visa (student, work or otherwise) and apply for residency.

MadridMan,

I never realized this limitation. This definitely changes some of my retirement plans.

Is there anyone who knows of anyone who was truly not allowed to leave Spain or was actually fined for this in the past 15 years? True stories - not rumors?

I understand the law. I understand the reason for the law and I support it. I want to know if and how the law is enforced, and whether it is enforced equally for all the nationalities that fall under it.

Getting a long-term Spanish student visa here in the US has become a nightmare of unbelievable proportions. People stand in lines for DAYS, missing work and school, and get nowhere in the process. If they finally get to the point that they need to turn in their passport to get the visa, it takes six weeks OR LONGER to get the passport back. In some cases, with all the other delays, the student still does not have the passport back from the Spanish authorities here on the day of the flight to Spain! It's no wonder even people who want to follow the law to the letter are so frustrated and are willing to take risks.

I'm NOT recommending that people break the law. Everyone should follow the correct procedure to be in Spain long term, and if they can't, they shouldn't be in Spain long term.

But really - can even one person out there tell me that this law has been enforced for someone who has not broken any other Spanish law?

Diana, I for one have never heard any single story where this law was enforced, anyone detained, anyone arrested or even fined. But still, the law is the law.

Some laws in XYZ country are silly. But I still don't condone breaking them.

Saludos, MadridMan

I don't know if this will be any help: I have dual status. In addition to my U.S. Passport I carry a brown (EU) Passport. When I enter Spain I go thru the EU Citizens line (usually shorter); Passport Control doesn't entry-stamp my EU Passport or my U.S. Passport (which I don't show).

On the flip side, I must have a valid U.S. Passport (or Visa) to board a flight to the U.S.; I go thru Passport Control with my non entry-stamped U.S. Passport. I've done this several times and never had a problem with Direción General de Seguridad (i.e., Passport Control). They don't ask how long I have been in Spain and they really don't seem to care.

The solution might be to try to pass thru Immigration without getting your passport entry-stamped - maybe easier said than done ...

I do know some people who have had trouble. Not while in Spain going about their day-to-day business, but while traveling in and out of the country. One friend had a particularly horrible experience that left her stranded away from Spain for many months and it ended up costing her a fortune to straighten the problem out.

I think the reason no one questions you when you leave with the US passport is because you have a one-way ticket out of the country and are not coming back. If your ticket were round-trip, having you come back to Spain, it could be a different story. Especially when you go to board the return flight in the US.

Student visas are the easiest to get. But you must have done your homework and have all of your paperwork in perfect order before you go to the consulate. How long it takes depends on which consulate you have to use and what time of the year it is. I know people who very recently got theirs in much less time (two or three weeks). A lot of people try to get a student visa without having purchased a plane ticket. This often won't work at all or will really slow things down.

Just want to make sure I understand correctly:

I thought that you could stay for 90 days in a 6 month period. Therefore, couldn't you have 2 90 day stays in a year as long as they were spaced correctly? I'm hoping so as this is my retirement plan

That's right. You could stay 90 days during the first six months and 90 days during the second six months. But, if you have the money to retire, you could probably just get a non-lucrative visa or retirement visa, then get your residency and come and go as you please.