Overstaying 90 Days for Exceptional Circumstances.

In the cases of entry without a visa, when there are humanitarian, family, health care, public interest, or other exceptional circumstances that justify it, the stay of a foreigner in Spanish territory for more than three months may be authorised.

Full information in Spanish in the link below:

Prórroga de estancia

The request will be formalised personally by the foreigner or his legal representative in case of being a minor, in the official form (EX-00), and it will be accompanied by an original and a copy of the following documents:

Complete passport or travel document, valid for more than the extension of stay requested, which will be noted in the file and returned to the interested party.

Proof of the reasons given for the request, which must be exceptional, in the case of nationals of States that do not require a visa to enter Spain.

Sufficient proof that you have adequate financial means for the extension time you request.

Travel assistance insurance with the same coverage as that necessary for the short-stay visa application, and with a validity equal to or greater than the requested extension.

Guarantees of return to the country of origin or, where appropriate, of admission to the third State of destination, prior to the end date of the requested extension. The provision of a ticket purchased in the name of the applicant with a closed return date prior to the end of the requested stay extension period may serve as a means to prove said circumstance.

Anyone who is on a short-term stay without a visa must identify himself personally before the Immigration Office, Superior Headquarters or Police Station of the town where he is, when submitting the application or at the time of processing when, For this purpose, it is required by the competent body, while for the processing of an extension of the short-term visa, the Immigration Office or the Police Station of the province where the foreigner is going to stay will be competent.

For a Subdelegados del Gobierno in your area, google with the name of your town.

The extension of stay without a visa may be granted by the Government Sub-delegates, by the Government Delegates in the single-province Autonomous Communities, and by the General Commissioner for Immigration and Borders of the General Directorate of the Police, after a report from the Superior Headquarters or Police station, if the following circumstances concur:

Temporary residence authorisation

for humanitarian reasons.

An authorization may be granted for humanitarian reasons in the following cases:

1. To foreigners who are victims of the crimes defined in articles 311 to 315, 511.1 and 512 of the Criminal Code, of crimes in which the aggravating circumstance of commission for racist, anti-Semitic or other types of discrimination typified in the Article 22.4 of the Criminal Code, or crimes due to violent behaviour committed in the family environment, provided that there has been a judicial resolution finalising the judicial procedure in which the condition of victim of such crimes is established.

2. To foreigners who prove they suffer from a serious illness that requires specialised health care, not accessible in their country of origin, and that the fact of being interrupted or not receiving it poses a serious risk to health or life. In order to prove the need, a clinical report issued by the corresponding health authority will be required.

Exceptionally, it will not be required that the disease be supervening in the case of need to prolong the stay of a foreign minor who has temporarily moved to Spain for the purposes of medical treatment based on the provisions of article 187 of these Regulations, once exhausted the possibility of extending the situation of stay and provided that said stay is essential for the continuation of the treatment. The renewal of this type of authorization will be linked to the minimum time necessary to complete the treatment.

3. To foreigners who prove that their transfer to the country from which they originate or come, in order to apply for the corresponding visa, implies a danger to their safety or that of their family, and who meet the other requirements to obtain an authorization. temporary residence or residence and work.

Offices in Spain and information on which applications can be made in each:

Foreigners offices

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.