A recurring question among travelers, particularly those from non-EU countries like the UK, US, Canada, and Australia, is whether Spain plans to “scrap” or eliminate the 90-day limit on stays.
Based on all current information and official sources, the answer is clear: No, Spain is not scrapping the 90-day rule.
Understanding the “90-Day Rule”
The rule in question is the Schengen Area’s 90/180 day rule. This regulation applies to citizens of many non-EU/EEA/Swiss countries who can enter the Schengen zone (which includes Spain and 28 other European countries) visa-free for short stays. It stipulates that these individuals can stay for a maximum of 90 days within any rolling 180-day period across the entire Schengen Area.
Key points of this rule:
- It’s Schengen-Wide: The limit applies to the total time spent across all participating Schengen countries, not just Spain.
- Rolling Period: It’s not based on a calendar year; it’s a “rolling” 180-day look-back period from any given day.
- Purpose: It covers tourism, visiting family/friends, short business trips, or short-term studies, but generally excludes paid work unless specifically authorized.
Why Spain Can’t Unilaterally Scrap the Rule
The 90/180 day rule is a fundamental part of the Schengen Agreement and EU law. Spain, as a member state, is bound by these collective agreements.
- EU Law: Changing this rule would require a complex legislative process at the EU level, involving the European Commission, Parliament, and Council. Spain does not have the authority to unilaterally abolish or alter this core Schengen regulation for its territory alone.
- No Official Plans: There have been no credible announcements or official indications from either the Spanish government or EU institutions suggesting any intention to remove or significantly modify the 90/180 day stay limit. Rumors occasionally surface, often linked to specific interest groups (like non-EU property owners), but they lack official backing.
What About EES and ETIAS?
Much of the recent discussion revolves around two new EU systems:
- EES (Entry/Exit System): Expected to launch around October 2025. This automated system will electronically register the entry and exit times of non-EU visitors, replacing manual passport stamping. Its primary function is to more accurately track and enforce the existing 90/180 day rule.
- ETIAS (European Travel Information and Authorisation System): Expected to launch around late 2026. This is a pre-travel authorization system (similar to the US ESTA) for citizens of visa-exempt countries. It costs around €7 and is valid for up to three years. ETIAS does not change the 90-day stay limit; it’s simply an authorization required for those short stays.
Crucially, neither EES nor ETIAS changes the 90/180 day limit. They are tools designed to enhance security and improve the management and enforcement of the existing rules.
Staying Longer Than 90 Days
The 90/180 day rule applies only to short, visa-free stays. Anyone wishing to stay in Spain for longer than 90 days (e.g., for work, long-term study, retirement) must apply for the appropriate Spanish national long-stay visa or residence permit before their 90-day visa-free limit expires. Owning property in Spain does not exempt individuals from this requirement.
As of April 2025, the Schengen 90/180 day rule remains firmly in place and is fully applicable in Spain. There are no plans for Spain to scrap this rule. The upcoming implementation of EES and ETIAS will serve to reinforce, not eliminate, this regulation. Travelers eligible for visa-free short stays must continue to carefully track their days spent within the Schengen Area to ensure compliance. For longer stays, obtaining the correct national visa or permit remains mandatory.
