What if I Overstay in Spain Due to Travel Restrictions?

Overstay caused by travel restrictions.

In the context of the coronavirus outbreak, visa holders present in the Schengen area who could not leave before the expiry date of their short-stay visa have had their visa extended up to a maximum stay of 90/180 days by the designated Member States’ authorities. If the visa holders were compelled to stay beyond the extended period of 90/180 days, a national long-stay visa or a temporary residence permit should have been issued by the national authorities.

Member States are encouraged to waive administrative sanctions or penalties on third-country nationals who during the period of travel restrictions were unable to leave their territory due to travel restrictions. Overstays due to the temporary travel restrictions should not be taken into account during the processing of future visa applications.

Nationals of visa-waived third countries who have remained in the Schengen area beyond the permitted 90-day stay

For nationals of visa-waived third-countries who are compelled to stay beyond the extended 90/180 days, the competent national authorities should extend the validity of the authorisations for legal stay, issue a new one or take other appropriate measures that ensure a continued right to stay on their territory. Information is available on the websites of Member States’ national authorities.

Expired travel documents due to an unexpectedly extended stay abroad

EU citizens and their family members who are not in possession of a valid passport and/or visa should be allowed to enter the EU territory, if they can prove by other means that they are EU citizens or family members of an EU citizen. Possession of an expired passport should be deemed to constitute proof by other means in the current situation. Family members should always be able to prove that they are family members of the EU citizen.

Thank you to the European Commission for the extract above.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.