Question
Our current Spain Digital Nomad Visa expires on 31st August 2025 however we can´t apply for a new one until October 2025. We want to use our Schengen days in the interim to remain in Spain but I am concerned that if we simply stay in country from 1st September 2025 that this could be classified as overstaying and jeopardize any future applications. Can any lawyers here advise whether this is a likelihood and whether leaving Schengen for 24 hours might be advisable to mitigate this?
Answers
These are the answers from Spainguru’s Facebook group members:
(Lawyer answer) “Leaving Spain and coming back would be best. But also.. I’d highly recommend applying asap in case anything goes wrong so you can reapply.”
(Lawyer answer) “I’ve advised clients in the same situation to leave Spain and enter again, as tourists, with a stamp in their passports, to avoid issues about the legality of their situation in Spain.”
Conclusion
Spainguru’s Facebook group members suggest that to avoid an overstaying risk once a Spain Digital Nomad Visa expires, the safer approach is to exit Spain (Schengen) and re-enter as a tourist, getting a clear entry stamp. This creates a clean break between your residence permit period and any subsequent Schengen stay.
They also advise submitting the new application as soon as you’re eligible, in case anything goes wrong and you need time to reapply. Keeping proof of lawful entry as a tourist (passport stamp) helps if your status is questioned during the gap.
Overall, for Spain Digital Nomad Visa holders facing an overstaying risk between permits, plan a brief exit and re-entry as a tourist and be ready to file your next application promptly.
This article is based on personal opinions from the Spainguru community and is not legal advice.
