90 days rule: What are the options to leave Spain for someone who overstayed?


I overstayed my 90 days rule for medical reasons. I was in the hospital for a month and needed post hospital care under supervision for 8 weeks.

The good news is my health is good now. I’m asking for advice for leaving. I would like to leave quickly – I never planned to be here past April. I have a signed letter with dates from the Doctor. I spoke to an attorney who said I needed to get the visa extended before going to the airport. She was going to arrange for me to get a cita and she has since stopped replying to emails going on 10 days now (she came recommended but that is another story).

At this point I don’t know what to do. Has anyone gone to the airport with any kind of situation like mine and tried to speak to them at passport control? Or, Does anyone have any insight into getting a Cita fast (as in within two weeks?) I’m interested in any thoughts on solutions.

Also, reading on overstays online the penalties are so vague everything from being not allowed back to the EU to fines of thousands of Euros – I’m wondering as well if anyone has personal experience. At the end of the day I’m just looking to be able to get on a plane after a tough medical experience with the least overhead in accomplishing this.


These are the answers of some Facebook group members:

“Get the visa extension, don’t go through immigration with an overstayed visa. Your lawyer may have been away as last week it was Sant Joan, which is the biggest holiday in Catalunya. Go to the immigration office in C/ Bergara just off Plaza Catalunya.”

“My mother was dying and my father’s 90 days were about to expire. We went to red cross, called immigration and SAER to find out how to extend his 90 days period for 10 more days – they all said he had to apply for a residence as there was no such a thing as visa extension. I think with the hospital documents you would have no problem leaving, but in our case we couldn’t risk and he left just before 90 days.”

“Asked for you from a police friend here. You won’t get fined and you’ll have no problem leaving the country. Only minimal risk might be coming back and banned for the nxt 5 yrs (random check). He said you should report your case and present medical documents at the police station and they will know what to do about you overstaying. (Serious comment not joking). because of your situation, health and medical reasons with supportive documents is 100% valid, you will not have a problem. Hope that helps.”

“My friend had the same reason but revered. She was in the ER then hospitalized for over a month and she was asked to leave the country right away. The US took her visa away for being out of status even though it wasn’t her fault (car accident, a woman ran a red light into her car).

I would run it by immigration just to have it all tightened before leaving so you have no problem afterwards returning. I know my friend’s case was reversed but what I mean is don’t assume as she had all documents proving she was stuck in a hospital bed but since she wasn’t able to report to immigration they consider she was out of status. Good Luck!”

“Try contacting the US embassy and ask them for help. On the other hand I’d say every reasonable person can understand that you didn’t stay by choice just by looking at the hospitals paperwork. As I am not a lawyer nor do I have any experience about visas please make sure you have some legal advice. Best bet – Embassy. Get home safe”


In conclusion, it is clear that overstaying your visa can be a complicated and stressful situation, especially in the case of medical reasons. From the advice provided by Spainguru’s Facebook group members, it seems that the best course of action is to seek an extension of your visa through the proper channels, such as the immigration office in C/ Bergara or the US embassy.

It is important to have all necessary documents, including a letter from your doctor, to support your case. While some members of the group have had experience with successful visa extension, others have faced difficulty and suggest seeking legal advice.

It is important to note that penalties for overstaying your visa can vary and may include fines or being banned from the EU for a certain period of time. In the end, it is crucial to take the necessary steps to ensure a smooth and safe departure from the country.

Read also: What happens if I overstay the 90 day rule and go back to the UK?

Useful links: