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Guide for Expats in Spain Learning the Language in Spain
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More on Legal Issues in Spain
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Travel restrictions for non-EU citizens in EuropeBritish, Irish, and other European citizens can travel freely between and among EU and Schengen countries with a valid identity card. They do not need to show their passport upon entry, unless the local authorities request it for reasons related to public health or public safety.
U.S., Canadian, New Zealand, and Australian citizens can use their passport to travel freely among EU and Schengen territory countries for a total of 90 days in a 180-day period – regardless of whether they have legal residence in Spain. The difference is that non-EU citizens without legal residence in Spain must leave Europe after 90 days; those holding legal residency can travel throughout Europe and then return to Spain.
South African citizens must apply for a Schengen Visa in order to enter Spain. This can be done at the Spanish embassy or consulates in South Africa.
What countries in Europe are part of the Schengen agreement?
*Switzerland is due to join the Schengen Area in November 2008.
The following overseas territories of Schengen countries do not adhere to the Schengen agreement: All overseas regions of France, Aruba and the Netherlands Antilles, Heligoland and Büsingen (Germany), Svalbard (Norway), and Northern Cyprus.
Common misconceptions about Schengen/EU travel for non-European citizensThe myth: If a non-EU citizen stays 90 days in Spain, they can “reset” their time by going to another Schengen country. The truth: Many people – apparently thinking back to before Spain’s inclusion in the European Union – will tell you that you can magically “reset” your 90-day legal period in Spain by simply hopping a cheap flight to somewhere like Lisbon or Amsterdam. There are two problems with this advice:
1) Those cities are in countries (Portugal and the Netherlands) that adhere to the Schengen agreement. If you have overstayed your 90 days in Spain, you’ve overstayed your time in Schengen as a whole. Flying to another Schengen country after your 90-day period expires can be risky – I know of people who have been caught in Italy and Norway for having stayed too long in Spain.
2) The 90-day allowance applies to a period of 180 days. If, for example, you are in Spain from Jan. 1 – March 31, you cannot legally re-enter the Schengen area until June 30.
The myth: If a non-EU citizen overstays the 90 days in Spain, they can “reset” their time by going to Ireland or the UK (not members of the Schengen territory). The truth: Although the UK and Ireland are not members of Schengen, they are members of the EU. Unfortunately, this means you cannot use the UK or Ireland as a “safe haven” to get out of Schengen territory – you can’t be in the EU for more than 90 days either. I know of several people who have been questioned at Heathrow for overstaying their time in Spain. (This is slightly confusing, however, because you can legally be in the UK for 180 days as a tourist.)
The myth: If a non-EU
citizen overstays the 90 days in Spain, they can “reset” their time by going out
of the Schengen area and EU – even if it’s just for a day.
The truth: Again, the 90-day allowance applies to
a period of 180 days. While leaving
the EU and Schengen is your only option for “resetting” your time in
Spain, an
overnight jaunt is not sufficient. You must leave for 90 days.
What can a non-EU citizen do to stay longer in Spain (and Schengen/EU)?You have two options: Apply for a long-term visa or residency permit before leaving your home country or apply for a prorroga de estancia (extension) after entering Spain.
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