Question
Is there any Spanish visa, etc., that we would qualify for to enable us to spend more than 90 days in Spain should the need arise?
My parents moved to Spain 23 years ago and became Spanish residents. My mum passed away recently, so my dad lives there on his own now. We travel abroad a lot but obviously cannot exceed our Schengen allowance of 90 days in every 180 days.
Our concern is if we have used up our 90 days but we are needed to go to Spain for reasons concerning my dad as he is 82 and has health problems.
Answers
These are the answers of Spainguru’s Facebook group members:
“Only a residency visa or similar will allow you to spend more time in Spain. Whether you’d want to go through the hassle and spend the time and money to do so is another question. As an alternative, you could consider hiring in-home help for your father. You can view visa types on the Spanish consulate website in your jurisdiction.”
“No, you cannot. Residency visas are for people who plan to be residents.”
“There is NO way to be resident while not being resident. Can you not encourage him to return to the United Kingdom before the situation becomes untenable? Spain is not at all helpful to the aged and failing (I’m in that group with my 90-year-old husband). The situation is pretty much the same if one wishes to go to the United Kingdom being Spanish.”
“I’m afraid all the visas available to Brits are designed for those looking for residency. You can get student visas for 6 months, but you’d have to enroll for a course, and unless you actually attended, you’d have trouble getting any visa in the future.”
“It wouldn’t surprise me if there happened to be some sort of exception for health/death/emergency reasons.”
“Unfortunately, there isn’t. Those who negotiated Brexit did not take older residents into account or at least not these types of situations.”
“Isn’t the 90/180 rule on a sliding scale (i.e., the calendar moves, it isn’t a calendar year)? There are online calendar calculators which may help you by running a hypothetical scenario.”
“You can apply for a Spanish residency permit on the basis that you are his primary carer.”
“It is not one of the visas which can be applied for in Spain.”
“Given your father’s health condition, you might consider applying for a long-stay visa or family reunification visa in Spain, which would allow you to stay beyond the 90-day Schengen limit.
The family reunification visa is an option if you can demonstrate that your father depends on you due to his age and health issues. Another alternative is the Non-Lucrative Visa (NLV), which allows you to stay in Spain longer without working, provided you have sufficient financial means.”
“Family reunification would not cover this particular need.”
“There is no visa which would allow you to be resident in the UK, and come to Spain for more than 90 days in each 180. If your father’s level of need for assistance is considerable, my opinion is that you would do better encouraging him to return to the United Kingdom, where his chance of receiving State help would be much greater, as it is extremely slow and useless here in Spain.”
Conclusion
It seems there are limited options for those wanting to stay in Spain beyond 90 days under the Schengen rules to care for an elderly parent.
Most visas available require the applicant to become a resident, which may not be suitable if you only need to be there temporarily. The family reunification visa or the non-lucrative visa could be potential solutions if you can prove financial means or your parent’s dependency, but these come with conditions that may not fit every situation.
Others suggested alternatives, like managing the 90-day allowance more strategically or seeking assistance through care services in Spain. Unfortunately, no easy, straightforward visa option exists for non-residents wishing to stay beyond the standard Schengen limits.
