Spain

Sent: Tuesday, 27 September 2016 3:59 PM
To: emb.canberra@maec.es
Subject: Bilateral visa waiver agreement between Australia and Spain

Hello

Can you please confirm if there is a bilateral visa waiver agreement between Australia and Spain that is current, for Australian citizens and passport holders.
If so, please provide a copy of it, and please explain the rules and regulations for Australian citizens.
Please confirm if this can be used as additional time to the Schengen 90 out of 180 days visa.
Thank you
Kind regards
From: . Emb. Canberra <emb.canberra@maec.es>
Sent: Thursday, 29 September 2016 1:00 PM
Subject: Visa enquiry

No.857/8.6.1.2.7.

Good morning

Thank you for your email.

In reply to your enquiry, Australian passport holders do not require a visa to enter the EU or the Schengen States as long as their stay is no longer than 90 days within any 180-day period. The Schengen area covers 26 countries without border controls between them, they are: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland. These countries apply the common visa policy for short stay visas.

Passport validity: Please note that your passport must be valid for three months after the date of departure from the Schengen area.  However, if you are visiting other countries outside the Schengen area, you will need to contact their embassies/consulates for advice on passport validity and entry requirements.

For further information, please click on the link below:

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/ConsularInformation/ServiciosConsulares/Pages/Visa%20Information%20(updated).aspx

>Ambassador > Opening hours, location, contact and jurisdiction > Directory > Recent Agreements > Marca España > Cervantes Institute in Sydney > Spanish Education …

You can view the text of the agreement between the Governments of Australia and Spain regarding short term entry and stays at the website of the Spanish Official Gazette (Boletín Oficial del Estado (B.O.E.), dated 13 September 2000 http://www.boe.es/boe/dias/2000/09/13/pdfs/A31476-31477.pdf

31476 Miércoles 13 septiembre 2000 BOE núm. 220 I. Disposiciones generales JEFATURA DEL ESTADO 16628 CORRECCIÓN de errores del Instrumento de ratificación por …

(Ministerio de Asuntos Exteriores – 16629 ACUERDO entre España y Australia…).

Regards,

Embajada de España en Canberra
Tfno: +61 (02) 6273 3555   Fax: +61 (02) 6273 3918
15 Arkana Street, Yarralumla, 2600 ACT, Australia
Visa Information
6/8/2016

 

 IMPORTANT INFORMATION FOR TRAVELLERS 
Passport Validity: Please bear in mind that some countries will request a Passport validity of six (6) months.  If in doubt, please contact the relevant diplomatic or consular office of that country or the airline you will be travelling with.
VISA INFORMATION
 General Information regarding short stay visas 
 
·    Schengen visa
 – Download Schengen application form here.
=========================================================
General information regarding long term visas:
·     Student visa
·     Au Pair visa
– Download National application form here.
 
Short stay visas – Schengen visa
 
These visas allow the holder to transit through or remain in Spanish territory and all other Schengen States for a maximum period of three months (90 days) within a period of six months (180 days) from the entry date into the Schengen Area.
 
Foreign nationals with the obligation to carry this visa

Nationals from countries included in this list of countries must carry a visa in order to cross external borders.
 
Australian citizens may enter and remain in Spain without a visa for up to 90 days within a period of six months, on tourist, private business or family visiting purposes, or on purposes taken as similar, which do not require any previous authorisation.
 
Place of submission

If the travel destination is Spain, applications must be lodged in the diplomatic mission or Spanish consular office in the applicant´s country of residence.

If the travel destination includes more than one Schengen State, the application must be presented in the consulate of the main destination.

 
“Main destination” is understood to be the destination where the applicant intends to spend the longest time or where the main purpose of the intended journey is carried out.

The consular jurisdiction of the Spanish Consulate in Canberra covers the ACT and Queanbeyan only. You must show proof of residence in this jurisdiction.

 
When can an application be presented?

A Schengen tourist visa application should, in principle, be presented at least 15 calendar days before the intended date of departure. It will take longer for a student visa (up to a month) or a resident visa (up to 3 months or even longer) and cannot be presented earlier than three months before the start of the intended visit.

 
Requirements
Visa applications must be lodged and collected in person at the diplomatic mission or consular office closest to the applicant´s place of residence.

Consular fees must be paid at the time of lodging the application. This fee is non-refundable if the visa application is unsuccessful. All other necessary requirements may vary according to the reason for the visit.

Visa application
 
The short stay visa application must be submitted in duplicate.  Applications forms can be downloaded from this webpage or collected from Spanish embassies or consular offices.
 
The application form must be accompanied by an Australian passport size, recent, full-face photograph, in colour, on a light, plain and uniform background.

Documents to be attached to the visa application 
 
·         Passport with a validity of more than 3 months from the date you leave the Schengen space after your visit. 
·         Proof of financial funds: bank statements, letter from the bank, title deeds or any other proof of income
·         Proof of accommodation: hotel reservation or a letter of invitation issued at a police station in Spain
·         Letters of support if you are invited to participate in an event
·         Return ticket or flight reservations, and travel itinerary, indicating the countries to be visited and the number of days in each country
·         Medical insurance with overseas cover including hospital and repatriation cover (minimum 30.000€)
·         Proof of residence in Australia (permanent residence card, work permit, study permit, etc
·         Letter of employment or confirmation of school registration
 
 Visa issuing and collection
The visa issued will normally be valid for all Schengen countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Italy, Greece, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.
 
If the visa is issued, it must be collected in person from the diplomatic mission or consular office, or collected by a duly authorised representative within a period of one month from the date of notification that the visa has been issued.
 
Refusal and appeals

If the visa application is refused, the applicant will be notified in writing stating the reason for the refusal.  In this case, the applicant can file a judicial review appeal before the Supreme Court in Madrid within a period of two months from the notification date or alternatively, an appeal for review before the Consular Section in Canberra within one month from the notification date.
 
Long term visas – Most common long term visas
 
All foreigners who are not a national of a European Union member state, including Norway, Iceland, Liechtenstein or Switzerland, must in all cases, apply for a long-term visa if they wish to remain in Spain for more than ninety days out of every six months.  These long-term visas can be:
 
• Resident’s visa: allows the holder to reside in Spain without undertaking any type of work or professional activity.
 
• Work and resident’s visa: allows the holder to undertake work or professional activity, either for third parties or on his or her own behalf.
 
• Student’s visa: allows the holder to remain in Spain in order to pursue courses, studies, and research or training programs.
 
• Resident’s visa with property purchase: provides the holder with a residence visa provided they can prove the purchase of a property (or properties) in Spain with a total value of at least 500,000 euros. 
 
In the case of spouses, parents or descendants of a E.U. citizen, Norway, Iceland, Liechtenstein or Switzerland, they will need to only apply for a visitor’s visa if they wish to live in Spain and is subject to this requirement. Otherwise they will not require any type of visa to live in Spain.
 
Place of application
 
The visa is lodged and issued in the Spanish diplomatic missions and consular offices in the applicant´s place of permanent residence.
 
Requirements
 
The visa must be lodged and collected in person.
This can also be done via a duly authorized proxy in the case of a resident’s visa for reasons of family reunification.
 
The required fee must be paid at the time of lodging the application, and will not be refunded in the event of the application being refused.
 
Visa issuing
 
Applicants must collect their visa within two months of being notified that it has been granted and issued. In the case of a resident, work, or student visa, the holder must obtain a NIE (foreign national’s ID card) within one month of their entry into Spain.  The NIE may also be obtained at the consular office prior to entry into Spain.
 
Refusal and appeals
 
Should the diplomatic missions and consular offices decide to refuse a visa application, the applicant will be notified. However the diplomatic mission or consular office is under no obligation to provide reasons for the refusal, except in the case of applications for visas for family reunification or for work for third parties.
 
Applicants may appeal the decision requesting a review of said decision, within one month or by requesting a judicial review before the Supreme Court in Madrid within two months.

Australian Treaty Series 1961 No 18

DEPARTMENT OF EXTERNAL AFFAIRS

CANBERRA

Exchange of Notes constituting an Agreement between the Government of Australia and the Government of  Spain  concerning Visas and Visa Fees(London, 27 September 1961)Entry into force: 27 October 1961AUSTRALIAN TREATY SERIES1961 No. 18

Australian Government Publishing ServiceCanberra

(c) Commonwealth of Australia 1996


[Note from the Spanish Ambassador, London, to the Australian High Commissioner, London]

IEMBAJADA DE ESPAÑALondres

27 de Septiembre de 1961

[The text of this Note, in the Spanish language, is reproduced in English translation under II below.]


[Note from the Australian High Commissioner, London, to the Spanish Ambassador, London]

II27 September 1961

His Excellency El Marques de Santa Cruz

Ambassador Extraordinary and Plenipotentiary

Embassy of  Spain 

24 Belgrave Square

LONDON SW1

Your Excellency

I have the honour to acknowledge receipt of your Note of today’s date which is in English translation as follows:

“I have the honour to inform Your Excellency that, with a view to facilitating travel between our two countries, the Spanish Government is prepared to conclude an agreement with the Government of Australia, expressed in the following terms:

1. Spanish nationals possessing valid Spanish passports who desire to enter Australia whether temporarily or permanently, and whose entry into Australia has been approved, will receive visas free of charge from the appropriate Australian visa issuing authority; in the case of Spanish nationals proceeding to Australia for purposes other than permanent residence, such visas will be made valid for a period of 12 months and for an unlimited number of journeys within that period.

2. Australian citizens possessing valid ordinary Australian passports who desire to enter peninsular  Spain , the Balearic and Canary Islands, Ceuta and Melilla as bona fide non-immigrants may do so for periods not exceeding three months, without being obliged to obtain a visa.

3. Notwithstanding the foregoing, it is understood:

(a) that the abovementioned provisions do not exempt Spanish nationals entering Australia and Australian citizens entering  Spain  from the necessity of complying with the Australian and Spanish laws and regulations concerning the entry, residence, whether temporary or permanent, and gainful employment or occupation of aliens; and

(b) that travellers who are unable to satisfy the respective immigration authorities that they comply with the laws and regulations referred to in the immediately preceding subparagraph are liable to be refused permission to enter or land.

4. The present agreement will enter into force one month after the date of its conclusion.

5. Either of the parties may declare this agreement terminated, by giving three months notice in writing to the other party.

If the Australian Government is disposed to accept the foregoing provisions, I have the honour to suggest that the present Note and Your Excellency’s reply in identical terms should be considered as constituting the agreement reached between the two governments in this matter.”

I have the honour to confirm that the Australian Government accepts the foregoing provisions and agrees with your suggestion that your Note and this reply should be considered as constituting the agreement reached between the two Governments in this matter.

Please accept, Your Excellency, the renewed assurance of my highest consideration.

[Signed:]

ERIC J HARRISON