What counts as a "day in Spain"?
 

I am a British citizen currently living in Spain and I have a TIE Temporary residency for 5 years ending in 2025 (I lived here before Brexit so I have residency under the Withdrawal Agreement).I am aware that to retain my residency I am not allowed to spend more than 6 months out of Spain each year. So, I need to spend 183 days per year in Spain.I am looking for a formal definition of what counts as a “day in Spain”.I have seen 3 different opinions

• YES - If you spend any time in Spain, even just a few minutes – so arriving at 11.55pm would count as a “day in Spain”
• NO - If you spend any time not in Spain, even just a few minutes – so arriving at 00.05am would not count as a “day in Spain”
• YES - If you spend midnight in Spain, that counts as a "day in Spain"

Is there a legal / formal definition of “a day in Spain” for residency purposes (not tax residency)?

Thanks!

Re: What counts as a "day in Spain"?
 

Slightly tangential but I think you may find that in your first 5 years you can only have a set accumulate number of days over the whole 5 year period. In otherwords it doesn't mean every year you get to spend 181 days in uk. Those are only available to persons with permanent residence. I'm sure someone will correct me if wrong

Re: What counts as a "day in Spain"?
 

Not under the WA. The only stipulation is each year (from the day your TIE is issued), you don't spend more than 6 months away each year. For those under a visa, such as NLV, there is an additional requirement concerning cumulative absence.

Re: What counts as a "day in Spain"?
 

To be honest having had various dealings with Spanish authorities over the last couple of years.
Your question is the same as how long is a bit of string?

Every person you ask will have a different interpretation of the law (even if it is quite clear that you do A, someone will decide that they want B and so on).

My opinion is that as long as you arrive after 00.00 and before 23.59 that equals a day, even if you get here at 23.55 (and if a tourist the passport will have that date so it will go against the 90 days).

So it should also count for other reasons.
It used to when I worked away, the overseas allowances could be claimed even if you arrived at 23.59.

I can only assume you have a reason for keeping so close to the wire, but I would always err on the correct side (i.e. be here for more than 183 days).
Maybe when you renew the TIE (as will we in 2025) there may be no questions as to how long you have been out of the country during those five years BUT you could be asked to show proof and it is up to you to show you have not.

Re: What counts as a "day in Spain"?
 

Thanks for the reply - I travel for work extensively, so will be in and out of Spain multiple times during the year. So the status of travel days will make a material difference to me. I will err on the side of caution and will be here more than 183 days, but just need to be clear on whether I can count those travel days

Re: What counts as a "day in Spain"?
 

The EU Schengen calculator works by checking just the date, so if you entered Spain on 23/5 at 23:59 and left Spain on 24/5 at 00:01 (or even 00:00), that would count as two days.

Re: What counts as a "day in Spain"?
 

Thanks DLC. It seems that many countries use that methodology for assessing the number of days for residency purpose.

I would like validation that Spain does - I have done a reasonable amount of internet searching, but can't find a definitive answer.

Re: What counts as a "day in Spain"?
 

I haven’t seen a legal definition but the explanation I have been given is any time that you are in Spain on any given calendar day between 0001 and 2359 counts as a day. This applies to other countries as well. You don’t have to be there 24 hours, it’s all about the date you arrive and date you leave. In theory if you arrived at 2300 and left at 0100 next day, it could trigger 2 days. It’s all about dates that your passport is scanned / stamped regardless of time. That said if it was that critical in the example I give I’d be shocked if any action was taken. They certainly don’t where I live and immigration is far stricter here, they take the whole situation into account rather than count minutes.

Re: What counts as a "day in Spain"?
 

Thanks for taking the time to reply. There seems to be a consensus that "a part of a day" counts as a day in Spain, for residency purposes

Re: What counts as a "day in Spain"?
 

Not just in Spain.
I got warned in Canada that I had overstayed by a day as my work visa was for 18 days and I expected 18 days of work (I arrived at 22.00 and they counted that as the first day)
The visa didn't specify a start date just 18 days...

Re: What counts as a "day in Spain"?
 

can never be certain but I’m pretty sure most countries work this way. Visas are always issued in days or years and I’m pretty certain that in all my years of travel my passport has only ever been stamped with a date and not a time therefore making time irrelevant.