Diari de Girona
Espanya augmentarà el control d'entrades i sortides del país amb la nova normat…
Si estan més de 90 dies al país pot haver-hi conseqüències
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New EU Entry/Exit Rules: What Overstaying Your Visa in Spain Means for Non-EU Travelers
Madrid, Spain – As of October 12th, a new entry and exit system will come into effect across Spain and the European Union, bringing significant changes for non-EU citizens traveling to the Schengen Area. Legal expert Rafael Serrano has shed light on the potential consequences for individuals who overstay the permitted 90-day tourist period, emphasizing that while it constitutes a serious infraction, immediate deportation is not the most common outcome for simple overstays. "The regulation establishes that nationals from third countries can only stay 90 days as tourists within a six-month period without a visa," Serrano explained in a recent public address. "If you stay longer, you enter an irregular situation, which the immigration law considers a serious infraction." Serrano detailed the range of sanctions, noting that fines are typically applied, varying from €50 for minor infractions to potentially €100,000 for very serious ones. "Normally, a fine is applied, but in some cases, it can lead to expulsion," he stated. The specific penalty, he added, is determined on a case-by-case basis, adhering to the "principle of proportionality," which considers factors such as the duration of the overstay, criminal or police records, cooperation with authorities, and family situation. Regarding the most severe penalty, expulsion, Serrano clarified, "Expulsion occurs when there are aggravating circumstances: recidivism, crimes, non-cooperation with the police, or a risk to public order." In such instances, individuals could face an order to leave Spain and a re-entry ban of three to ten years. However, for those who merely overstay without additional aggravating factors, Serrano offered a more reassuring outlook. "If you exceed the permitted 90 days... you will be in an irregular situation, but they will not deport you," he affirmed. He further elaborated that for individuals seeking to regularize their status later, such as through a residency or work permit, an existing expulsion order for a simple overstay could be converted into a fine of €501. "They will compensate you, they will validate, they will change that expulsion order for a fine of €501," he said, indicating that the process for obtaining residency would then continue. This information is crucial for those planning travel to Spain and the EU after the new system's implementation.
