Entry to Spain and stay of less than ninety days
The entry of foreigners to Spain for a period of less than ninety days is regulated by compliance with the following requirements:
Citizens of the EU or nationals of Norway, Iceland, Liechtenstein or Switzerland. Article 20 of the Treaty on the Functioning of the European Union grants EU citizens the right to move and reside freely within the territory of the Member States.
This right is implemented by Directive 2004/38/EC of the European Parliament and of the Council, of 29 April 2004, on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
The entry into force, on 1 January 1994, of the agreement ratified by Spain, on 26 November 1993, on the European Economic Area (EEA), extended the recognition of the rights to move and reside freely to nationals of Norway, Iceland and Liechtenstein; and, since 1 June 2002, by virtue of the agreement of 21 June 1999 between the European Community and Switzerland on the free movement of individuals, the same treatment as that accorded to citizens of the EU member States and their families is extended to Swiss citizens and their families.
Consequently, the nationals of thirty-two European countries enjoy the rights to move and reside freely; that is, the twenty-seven Member States of the EU, together with the citizens of Norway, Iceland, Liechtenstein and Switzerland.
All the regulations indicated in the above paragraph have been incorporated into our internal legal system with Royal Decree 240/2007, of 16 February, on the entry, free movement and residency in Spain of citizens of the Member States of the European Community and of other States forming part of the Agreement on the European Economic Area.
The sole requirement for the entry of these individuals to Spain and their stay for a period of less than ninety days is to be in possession of a valid, up-to-date passport or identify card, and no entry visa or equivalent formality may be imposed.
The right to free movement accorded to citizens of the EU and nationals of Norway, Iceland, Liechtenstein and Switzerland is extended to dependent ascendants, spouses or partners and descendents under the age of 21 years, and dependent adults, provided they accompany the EU citizen or meet with them.
Members of the family who do not have the nationality of a Member State will only be required to carry an entry visa —in accordance with Regulation (EC) 539/2001 of the Council, of 15 March 2001, establishing the list of third countries whose nationals are subject to visa requirements to cross exterior frontiers and the list of third countries whose nationals are exempt from this requirement— unless they are holders of a family residence card from a citizen of the Union issued by another Member State.
Nationals of third countries. As laid down by article 6 of the Regulation (EU) 2016/399 of the European Parliament and of the Council, of 9 March 2016, on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), for intended stays on the territory of Member States of a duration of no more than 90 days in any 180-day period (which entails considering the 180-day period preceding each day of stay), the entry conditions for third-country nationals are as follows:To be in possession of a valid travel document entitling the holder to cross the border and which:
To be in possession of a valid travel document entitling the holder to cross the border and which:
remains valid, at minimum, for three months after the intended date of departure from the territory of the Member States (in a justified case of emergency, this obligation may be waived); and that
has been issued within the previous ten years.
To be in possession of a valid visa, if required pursuant to Council Regulation (EC) 539/2001, of 15 March 2001, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, except where they hold a valid residence permit or a valid long-stay visa.
To be in possession of documents justifying the purpose and conditions of the intended stay, and have sufficient means of subsistence (or be in a position to acquire such means lawfully), both for the duration of the intended stay and for the return to their country of origin or transit to a third country into which they are certain to be admitted.
Not be included in the Schengen Information System for the purposes of refusing entry.
Not be considered a threat to public policy, internal security, public health or the international relations of any of the Member States, in particular where no alert has been issued in Member States' national data bases for the purposes of refusing entry on the same grounds.
