My friend is a US citizen living and teaching in Spain. She has overstayed her tourist visa by about a month now, but she wants to be able to travel home to the US for the holidays. How likely is it that she will be let back into Spain? Is there anything she can do to get permission to return (legally)?
Hello Jen,
The Embassy of the US in Spain mentions the following in the FAQ section of their website:
Q: How can I extend my stay/work/study here in Spain?
A: Contact the Spanish Embassy or Consulate nearest your residence in the United States.
If you have traveled under the Visa Waiver Program, you cannot stay for more than 90 days. Under very exceptional circumstances will Spanish Authorities extend your stay. For additional information, call the Spanish Ministry of the Interior at 060.
Therefore, I recommend your friend to do as they say if she/he holds that kind of visa. In practice, it seems the authorities are not checking the American´s passport when they enter as they do not need a visa, though if they notice you have overstayed you may be fined and even banned from entering Spain for one year. The best option was to apply for an extension of the current 3 months ( providing he/she qualified, as the reasons requested for extensions are very limited ) at the closest police Station in order not to run any risk, but as your friend has already overstayed, I understand this is not possible any longer.
You can check this information in the Current Immigration Law Royal Decree 557/2011, short stay section ( Title II, Chapter I ).
Regards,