Here’s How Briton’s And 3rd Country Nationals Can Now Spend Longer Than 90 Days In Spain

In the wake of Brexit, Britons suddenly found themselves as third country nationals in the EU and the amount of time they could spend in the EU and Spain without securing a visa was suddenly severely restricted.

The rule is that Britons and third country nationals can only spend 90 in every 180 day period in the EU. This rule remains in place although France and Spain are both hoping to abolish this rule for their British homeowners.

But if an emergency means that you need to stay in Spain for longer than 90 days then there is a legal provision in place called "Prórroga de Estancia" which allows individuals from non-EU countries, including UK citizens post-Brexit, to extend their stay in Spain under exceptional circumstances.

Here’s what those exceptional circumstances are and everything else you need to know about staying in Spain for longer than 90 days as a Briton or 3rd party national:

How Does Prorroga De Estancia work?

If you need to stay in Spain for longer than 90 days and there are emergency or extenuating circumstances that apply then you can apply for a Prorroga de Estancia. This is an extension of the visa-free period beyond 90 days. Circumstances that would grant you access to the Prorroga De Estancia include  humanitarian, family, public interest, or medical grounds. This provision is governed by Organic Law 4/2000 and its regulations. The role of this is to protect the rights and freedoms of foreigners in Spain.

What Is The Eligibility Criteria For Prorroga de Estancia?

To apply for Prorroga de Estancia you must be a third country national. This now includes people from the UK in the post-Brexit world. You must apply for a Prorroga de Esancia document before you can legally stay in Spain for longer than 90 days even in an emergency. To obtain this you must meet the following eligibility criteria:

• Exemption from Visa: You must be a third party national that doesn’t have a visa to enter Spain
• No Entry Prohibitions: Applicants should not be subject to any entry prohibitions.
• Financial Means: You must be able to demonstrate sufficient financial means to support yourself and any dependents during the extended stay.
• Travel Medical Insurance: Mandatory possession of valid travel medical insurance for the entire duration of the stay.
• Return Guarantee: This does not give you a definite leave to remain in Spain and therefore you must have proof that you intend to return to your home country, for example a return airline ticket.

You will also need to provide the following documents:

• Completed Application Form
• A valid passport or Travel Document
• Financial documentation to show your financial means
• Proof of travel medical insurance
• Return airline ticket
• Documentation supporting and justifying your request for an extension.

It is not enough to just have this documentation. If they are completed in your native language then you will need to translate these into Spanish. What’s more

all foreign public documents must be legalised by the Spanish Consular Office or the Ministry of Foreign Affairs, European Union, and Cooperation. This can be a time-consuming process so it’s important to start the process of securing your Prórroga de Estancia as soon as you feel you might need it.

How To Apply For A Prorroga de Estancia?

There are 2 ways that you can apply for a Prorroga de Estancia. The easiest option is to make an electronic application using the Mercurio app. This is an easy and straightforward process. If you are unable to apply online for any reason you can also complete an in-person application. To do this you must complete and sumbit your application in person at Immigration Offices or Police Stations before the authorised three-month period expires.

How Much Does It Cost?

Before you can even begin submitting the documentation for your Prorroga de Estancia you need to pay a fee. Fees can be processed through form 790 code 052 at Immigration Offices or form 790 code 012 at Police Stations and you can choose to process your form at the location that best suits you. The fee for this currently costs 17.49 euros.

If your application if approved then your extension will be recorded on your passport, and you will be able to remain in Spain until your business is completed. If your extension request is denied then you must leave Spain before your 90 day period is complete or immediately if that period has already expired.

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