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BREXIT

Reader question: Does a passport renewal restart the 90-day clock for visiting Spain?

If you were hoping that your renewed passport might offer a way to avoid the 90-day rule when visiting Spain, here is what you should know.

Published: 10 May 2023 12:05 CEST
Updated: 13 May 2023 11:44 CEST
90 day schengen rule passport renewal
Some have suggested that a new passport could be a work-around the 90-day rule, but it's not true. Photo by VIRGINIE LEFOUR / BELGA / AFP

Question – I’m British and since Brexit my passport is stamped when I enter and leave Spain, in order to keep track of my 90-day allowance. However, I’ve recently renewed my passport and of course, the new one has no stamps – does this mean that I get a new 90-day allowance?

While it may seem like passport renewal could be a loophole for getting around the 90-day rule when visiting Spain, you should not attempt to spend more than 90 days out of every 180 in the Schengen zone without a visa or residency permit. 

Non-EU nationals including Americans, Canadians, Australians and – since Brexit – Brits are limited to spending only 90 days out of every 180 within the EU. Anyone who wants to spend longer than this needs to apply for either a passport or a residency card. These rules apply whether you want to move to an EU country such as Spain to live or simply want to make frequent or long visits here.

The 90-day ‘clock’ covers all EU and Schengen zone countries – if you need help calculating your time spent in the Schengen zone, you can do so using an online calculator HERE.

Passports are stamped on entry and exit to the EU/Schengen zone, with dates of entry and exit.

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However, getting a new passport does not reset the clock – some have suggested that a new passport could be a work-around, as it would not show previous entry/exit stamps which are used to calculate the amount of time a non-EU national person has spent in the Schengen zone. 

The primary reason is that passports are in most cases automatically scanned when you enter and leave the Bloc, which makes it easy to spot overstayers and for border forces to enforce the 90-day rule. This means that border forces do not only rely on the physical stamps in your passport.

The EU’s new EES – Entry and Exit System – will tighten up the scanning process, but its entry has been delayed.

READ ALSO: What happens if you overstay your 90-day limit in Spain?

While Spain generally has a reputation for being less strict than some other EU countries,  if you are caught overstaying your allocated 90 days you can end up with an ‘overstay’ flag on your passport which can make it difficult to enter any other country, not just Spain, and is likely to make any future attempts at getting visas or residency a lot more difficult.

The consequences for staying over can also include being fined upon exit if they are found to have spent more than 90 days in the Schengen zone.

Keep in mind that the 90-day rule does not apply to all non-EU countries – some states, such as India, are required to have a visa for even short stays. You can access the European Union’s map that outlines which countries require visas for short stays to check to see if you are eligible.

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VISAS

EXPLAINED: When you can exchange visas in Spain

There are several different types of visas and residency permits you can get to be able to live and work in Spain, but what happens when your situation changes and you want to exchange your visa for a different one?

Published: 30 April 2024 14:20 CEST
EXPLAINED: When you can exchange visas in Spain

There are many different reasons you may want to exchange the type of visa or residency permit you have. Perhaps you’re on a student visa and have completed your studies, but still want to be able to stay in Spain. Or maybe you’ve been on a one-year non-lucrative visa, but can no longer afford not to work and want to exchange it for one where you’re allowed to work. 

Read on to find out which visas are possible to exchange and which are not. 

Student Visa to Digital Nomad Visa 

The simple answer is yes, it is possible to exchange your student visa for the new Digital Nomad Visa (DNV) that first became available last year. This will, however, depend on your individual circumstances and what job you plan on doing.

Firstly, in order to apply for DNV you must either have a degree from the field you want to work remotely in or have three years’ work experience in that industry. If you’ve just finished your studies this could be possible, but if you were studying something different, it could prove difficult.

If you are an older student, you could definitely have three years’ work experience in the industry you want to work in or you may have gained the experience working part-time in Spain while on your student visa.

Secondly, you must make sure you have worked for the company that hired you for a remote role for a minimum of three months before you apply for the DNV. The main caveat is that the company has to be registered outside of Spain as you are not eligible for the DNV if more than 20 percent of your income comes from inside Spain. This means that you will have to secure a remote job in another country while still on your student visa, making sure that you stick to the 30 hours a week you’re allowed to work.

Non-Lucrative Visa to Work Permit or Self-Employed

Being in Spain on the Non-Lucrative Visa or NLV can prove to be expensive because you’re not allowed to work, but have to prove you have a significant amount of savings or passive income. If you want to stay in Spain, beyond the initial year, you may be considering a different residency permit. Luckily, you can exchange it for a work permit or self-employed permit in a process called residence modification.

During your last few months on the non-lucrative visa, you are able to apply for jobs in Spain, which may give you the possibility of being granted a work permit. There are many prerequisites, including having lived in Spain for a year and being offered a pre-employment contract.

You could also decide to become self-employed at set up your own business. In order to do this you will need to meet the requirements that current legislation requires for opening and operating your chosen business. You will also need to sign up to the autónomo system, pay your own social security fees and submit your taxes five times a year.

READ ALSO: Should I change my non-lucrative visa for another residency permit in Spain?

Student Visa to Work Permit or Self-Employed

If you’re living in Spain on a student visa, then it’s relatively straightforward to exchange it for a work permit or become self-employed, if you want to be able to stay longer. The main requirement is that you have to have lived in Spain for three consecutive years, before you exchange it. This means, it’s really only possible for those who are doing a long-term course, such as a degree at a Spanish university. If you’re simply here for a year doing a language course, then it won’t be possible.

If you have been here for three years on a student visa, you have two options – the first is to find a job and become an employee by getting a work permit and the second is to become self-employed. If you opt for the first, the easiest way is to get a job offer and apply for the permit that way. Because you’ve already had a student visa and been here three years, it will be easier for companies to hire you as they won’t have to prove that there isn’t anyone from Spain or the EU that can do it first or that they have a shortage of professionals who can carry it out.

If you want to exchange it for a self-employment permit, you will have to present a business plan in order to get approval and prove you have the correct qualifications and experience to carry it out. If approved, then you will typically sign up to the autónomo system.

Student Visa to Entrepreneur Visa

Student visas are the easiest visas to modify in Spain, meaning you have many different options to exchange them if you want to stay longer. The Entrepreneur Visa – Visado de Emprendedor is another option that will allow you to stay for a period of three years (with the option of exchanging or extending). It is, however, slightly more complicated to exchange to than simply getting a work permit or becoming self-employed.

The Entrepreneur Visa is especially for those who want to set up a business considered to be innovative with a special economic interest for Spain. Unlike becoming just an autónomo, you must agree to be able to create employment opportunities for locals in the future. You could also in theory exchange your NLV for an entrepreneur visa too, provided you can prove that you haven’t done any work while you’ve been living in Spain for the year on your NLV.

Non-Lucrative Visa to Digital Nomad Visa

Unfortunately, this exchange is not possible. The main issue is that you’re not allowed to work while on a NLV and the requisites of the DNV are that you must have worked for the company that hired you for a remote role (or your clients if you’re self-employed) for a minimum of three months before you apply.

If this is the case then you’ll be admitting that you were working while on your NLV, which could get you into trouble. This means will have violated the terms of your visa and will be highly unlikely to be granted another one. You may also face penalties and fines, depending on your circumstances.

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