Question
I am applying for the Spain non lucrative visa at the end of this month.
However, I’ve got a major problem, I am currently in Spain on a 90-day tourist visa and I’ve accidentally overstayed by 12 days!! (Yes, I know it’s my fault but please understand it’s quite easy to miscalculate).
I am freaking out about possibly being fined/banned from Spain.
Does anyone have any advice on what is best to do, and how will this affect my NLV application? I am of course returning to the UK asap.
Answers
These are the answers of Spainguru’s Spanish Non Lucrative Visa group members:
“Leave, chances are nobody will say anything. When back in the UK apply for a new passport as you’ve lost yours. Only stamps are traceable until the new system is up and running.”
“I applied for a NLV on a brand new passport, as I had lost my previous one. They requested the old one. I informed them I had lost it. Later I got a letter saying I was denied, but didn’t say why. I applied again later and got the NLV. Nothing had changed.”
“Get back to the UK and try not to worry too much about it because what’s done is done – maybe they are more forgiving of only overstay 12 days versus many people who are months or years overstayed.”
“I would get a new passport. They require a photo of each page for the purpose of checking compliance. You will very likely be refused… think about it… why would they go to the trouble of checking and do nothing about it?”
“If in fact your consulate where you will apply for your NLV does require photocopy of all passport pages, then you might consider ‘losing’ the current passport and obtain a new one, but even then, it’s probably overkill. I seriously doubt anyone is checking dates in this regard for initial NLV applications.”
“If it were me, for peace of mind, I would contact an immigration lawyer there.”
“Just be honest about it. In your statement letter, be upfront about your honest mistake, be apologetic about it, and hope for the best.”
“You’ll get lots of opposing opinions on this. My advice would be to just keep your fingers crossed & hope for the best. The damage is already done.”
“You have to ensure you maintain really tight records. I know people who are here and been so for ages thus breaching the rule and now cannot leave Spain to travel for fear of being caught out and banned from re-entry. It is just so serious.”
“I left Spain yesterday to return to the states for my NLV appointment at BLS Miami. I was there 87 days and I still got accused of being over 90 days. The guy couldn’t count, even when I did the math for him.”
“I over stayed a month some time ago and the passport man just glared at me!”
“Crossing borders through places like Andorra may help since passport checks are more relaxed there.”
“Got back to the UK yesterday. Made it through passport control with no issues 😎”
Conclusion
Spainguru community members provided a range of practical, experience-based advice regarding overstaying the 90-day tourist limit and how it may impact a Spain non lucrative visa application.
Most members suggested not panicking and emphasized that 12 days is a relatively minor overstay that may not be flagged by border control.
Several suggested applying for a new passport to avoid scrutiny, as current systems rely primarily on physical stamps rather than electronic tracking—though this could change soon.
Some cautioned that honesty is key, especially if questioned, and that overstaying—even by a small number of days—can technically result in fines or bans. However, many members reported either not being questioned at all or receiving only a warning when leaving the Schengen zone.
The Schengen area in 2025
The overall takeaway is: leave Spain as soon as possible, keep calm, and prepare your NLV application thoroughly.
Consult a lawyer if in doubt, especially if your overstay was flagged at the border. Good luck!
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