You have entered Spain as a tourist and intend to stay beyond the 90-day period.
With very specific exceptions, it is not something that the legislation allows and you will find yourself in Spain in an irregular situation with all the consequences that this entails.
We advise you that beyond what you have been told or have read on the Internet, you should consult a lawyer properly.
Here we will briefly answer a number of frequently asked questions on the subject.
- Can I work with a tourist visa? NO
- If someone makes me a job offer on a tourist visa, can I regularize? NO
The above questions are the most frequently asked by foreigners who enter Spain without sufficient information.
- Are there exceptions that allow me to stay in Spain beyond the 90-day period? YES, THERE ARE.
The main one is the realization of studies. The legislation allows any foreigner to enter Spain as a tourist, in order to visit educational institutions, attend admission processes, etc., and to formalize the application for a residence permit for study purposes within the first 60 days.
But you must make sure that the studies you are going to do have official approval. A simple language school, for example, is no good. Otherwise you will be denied the permit for study reasons and you will be irregular.
Our advice is to check the information provided by the academic institution with a lawyer.
Another frequent option is to apply for asylum. First of all, and for multiple reasons that are not the subject of this information, it is not an option that is advisable. From a legal point of view, asylum should be requested as soon as you enter Spain or a Schengen territory, and not after a stay of two or three months as a tourist.
On the other hand, asylum is only granted when you have had to leave your home country for political reasons. Most asylum applications are denied at the end of the process.
The truth is that by international conventions, and as long as you get an appointment at a police station, the asylum application must at least be processed at the beginning, and while this is happening you will be given temporary documentation.
The essential thing, if you have decided not to return to your country within 90 days, is at least to initiate a process of aliens tending to your regularization and that it is also admitted for processing.
There are different options, if you have some kind of family or affective relationship with Spanish or European Union citizens.
With an active immigration proceeding, you will avoid a deportation order, which would greatly complicate your subsequent regularization.
Our advice is not to act on your own, but to help a professional, such as EBAN ABOGADOS, who with more than 20 years of experience can advise you with updated information and free of charge.
The immigration legislation is very strict, complex with a very changing administrative practice and doctrine, and you are not in your own country, so it is essential to be properly advised by qualified professionals.
Please contact us for more information.