Invitation Letter to Visit Spain: Requirements & Process

🇪🇸 Read the original in Spanish

If you have family or friends living outside the European Union and you want them to come and visit you in Spain, it is highly likely that you will need to process an invitation letter. This official document, often misunderstood as a simple informal formality, is a rigorous legal requirement demanded by border authorities to authorise the entry of foreign citizens for tourism or private purposes. In this AbogadoAI article, we will analyse in depth what this document is, how to apply for it step by step, what its legal implications are, and how to avoid the most common mistakes that could lead to serious financial penalties or the denial of your guest's visa.

What is the Invitation Letter and What is its Legal Framework?

The invitation letter is an official document by which a Spanish citizen or a legal resident in Spain requests authorisation to host a foreign citizen in their private home for a maximum period of 90 days (the stay limit for short-term stays or tourism within the Schengen Area).

This procedure is not a simple handwritten affidavit written by the host. It is a government document that must be obligatorily issued by the Comisaría de Policía Nacional (National Police Station) of the host's place of residence.

Reference Regulatory Framework

The legal basis for the invitation letter is fully regulated under Spanish and European Union legislation:

• Ley Orgánica 4/2000, de 11 de enero (Organic Law 4/2000, of 11 January), on the rights and freedoms of foreigners in Spain and their social integration (popularly known as the Ley de Extranjería / Immigration Law).
• Real Decreto 557/2011, de 20 de abril (Royal Decree 557/2011, of 20 April), which approves the Regulation of the Immigration Law. Specifically, its Article 20 details the entry requirements and proof of accommodation.
• Orden PRE/1283/2007, de 10 de mayo (Order PRE/1283/2007, of 10 May), which establishes the terms and requirements for issuing the invitation letter from private individuals in favour of foreigners intending to enter the national territory for tourism or private purposes.
• Regulation (EU) 2016/399 (Schengen Borders Code), which regulates the entry conditions for stays not exceeding 90 days in any 180-day period.

It is important to highlight that the invitation letter replaces the need to present a confirmed hotel reservation, but does not exempt the traveller from meeting the rest of the entry requirements for Spain, such as possessing a valid passport, a return ticket, and proof of sufficient financial means for their maintenance during the stay.

Requirements for the Applicant (the Host in Spain)

Not just anyone in Spain can apply for an invitation letter. The Spanish legal system requires the "inviter" or host to meet one of the following residency conditions:

1. Be a Spanish citizen.
2. Be a citizen of a Member State of the European Union or a beneficiary of the Union citizens regime (holding a residence card as a family member of a Union citizen).
3. Be a non-EU foreigner with legal residence in Spain (meaning they hold a valid residence permit; being in Spain on a student stay or with a tourist visa is not valid).

In addition, the applicant must be the legitimate owner or tenant of a property that meets the minimum housing conditions to accommodate the guest.

Step-by-Step Practical Procedures to Apply for the Invitation Letter

The process to obtain the invitation letter must be started well in advance, preferably between 2 and 3 months before the planned travel date, due to the processing times of the Policía Nacional and the time required to post the original document to the guest's country of origin.

Below, we detail the steps you must follow:

Step 1: Gather the Necessary Documentation

The host must prepare a file with the following original documents and copies:

• Identity document of the host: DNI (National Identity Document) if Spanish, or NIE (Número de Identidad de Extranjero / Foreigner Identity Number) along with the passport if a resident foreigner.
• Document proving the availability of the property:
• If owner: Property title deeds, a nota simple (land registry certificate) from the Registro de la Propiedad (Property Registry) issued no more than 3 months ago, or the latest IBI (council tax) receipt.
• If tenant: A valid lease agreement accompanied by the latest rent payment receipt.
• Certificado de empadronamiento colectivo (collective town-hall registration certificate): Issued by the corresponding Town Hall, to prove who habitually resides in the property and justify that there is sufficient space for the guest.
• Copy of the guest's complete passport: It must be valid and its validity must exceed the planned stay.
• Application form: The official application form for the Carta de Invitación (Invitation Letter) completed and signed by the host.

Step 2: Request an Appointment and Submit the Application

You must request an appointment at the Comisaría de Policía Nacional of your place of residence (via the public administration's electronic portal, under the Extranjería / Immigration section). On the day of the appointment, you will go to the Immigration and Borders section of the police station to hand in all the required documentation.

Step 3: Payment of Government Fees

Once the application is accepted for processing, the Police will hand you the form to pay the corresponding fee (Tasa Modelo 790, Código 012 / Fee Form 790, Code 012).

• The fee for processing the invitation letter application costs approximately €75.05 (this amount may vary slightly depending on the annual fee updates in the Ley de Presupuestos Generales del Estado / State Budget Law).
• Important note: This fee is paid for the processing of the file, regardless of whether the final decision is approved or denied.

Step 4: Collection of the Document and Payment of the Issuance Fee

After a processing period that usually ranges between 10 and 30 business days (depending on the workload of the police station), the Police will notify you of the decision. If approved, you must return to the police station to pay a small document issuance fee (approximately €6.50 for each letter issued) and collect the official Carta de Invitación, which features security measures and a verification code.

Step 5: Sending the Original Document to the Guest

The physical and original invitation letter must be sent by certified mail or private courier to the guest's country of origin. A scanned copy or photocopy is not valid for presentation at the Spanish Consulate (if a visa is required) or at the airport border control.

Deadlines, Amounts, and Key Figures in 2024

To plan the trip successfully, it is vital to keep in mind the following figures and legally mandatory time limits:

• 90 days: The maximum period of stay authorised under the invitation letter within a 180-day framework.
• 2 to 3 months: The recommended lead time to start the procedure before the trip.
• €75.05: Cost of the application fee (Tasa 790-012).
• €6.50: Approximate cost of the physical document issuance fee.
• €113.40: The minimum daily amount that the guest must prove they possess for their maintenance in Spain during the year 2024 (equivalent to 10% of the gross Salario Mínimo Interprofesional / Minimum Interprofessional Wage).
• €1,020.60: The absolute minimum amount that the traveller must prove to enter Spain, regardless of whether their stay is only going to be 2 or 3 days (equivalent to 90% of the current SMI / minimum wage).

Practical Examples of Application and Financial Viability

To understand how the invitation letter and the financial resources required by the Schengen Borders Code interact, we will analyse two common scenarios.

Example 1: The Case of Carlos and Isabel (10-Day Stay)

Isabel lives in Colombia and wants to visit her brother Carlos, who works as an engineer in Madrid and lives in a rented flat for which he pays €850 per month. Carlos successfully processes the invitation letter at his district's police station, paying the corresponding fees.

Although Isabel has accommodation guaranteed for free thanks to her brother's invitation letter, upon arriving at the passport control of Madrid-Barajas Airport, the Border Police may require her to prove that she has financial means for her daily expenses. For a 10-day trip, the theoretical calculation would be €113.40 per day (a total of €1,134). However, the law establishes an absolute minimum entry requirement of €1,020.60. Isabel meets the requirement by carrying an international credit card accompanied by a recent bank statement showing an available balance of over €1,200.

Example 2: The Case of Sofía's Family (30-Day Stay)

Sofía, a legal resident in Barcelona, wants to invite her parents from Ecuador for 30 days. Sofía carries out the invitation letter process for both of them. Upon arriving in Spain, each of her parents must individually prove they have sufficient financial means.

For a 30-day stay, the calculation for each parent is:

• 30 days x €113.40/day = €3,402 per person.
• In total, the couple must prove the availability of €6,804 for their month-long stay in Spain.

If Sofía's parents cannot documentarily prove access to this amount (via traveller's cheques, credit cards with certified statements, or bank accounts), border authorities could deny them entry into the country and proceed with their return, despite having the original invitation letter.

Mistakes You Must Avoid

Making a mistake in the processing or use of the invitation letter can lead to very serious consequences, both for the guest and the host in Spain. Pay special attention to these points:

• Believing the invitation letter replaces a visa: If the guest comes from a country for which Spain requires a short-stay visa (such as Ecuador, Bolivia, Morocco, or Cuba), the invitation letter is only a document they must attach to their visa application at the Spanish Consulate in their country. It does not allow them to travel directly.
• Failing to calculate processing times properly: Submitting the application at the police station only two weeks before the flight usually results in the document not being ready in time, causing the guest to miss their flight or consular appointment.
• Overcrowding the property: Requesting invitation letters for a number of people that exceeds the logical capacity of the property based on its square footage and number of rooms. The Police carry out checks and can deny the application if they detect overcrowding.
• Ignoring criminal and administrative liability: The host who signs the invitation letter commits to ensuring the guest returns to their country. If the guest remains in Spain in an irregular situation, the host can face very high administrative fines (considered serious or very serious infractions of the Ley de Extranjería) ranging from €501 up to €10,000, and could even incur a crime against the rights of foreign citizens if a profit motive is proven.

Frequently Asked Questions (FAQ)

Does the invitation letter guarantee the foreigner's entry into Spain?

No. The invitation letter is solely a proof of accommodation. The traveller must still meet the rest of the entry requirements demanded by the Schengen Borders Code at the border, which include a valid passport, a return ticket, travel medical insurance with a minimum coverage of €30,000, and proof of sufficient financial means (€113.40 per day).

Can I cancel an invitation letter once it has been issued?

There is no simple administrative procedure to revoke or cancel an invitation letter once it has been signed and delivered. By signing the application, the host assumes legal responsibility for the guest's stay. If a serious conflict arises, the matter must be brought to the attention of the police authorities as soon as possible.

Do European Union citizens need an invitation letter to visit Spain?

No. Citizens of European Union member states, the European Economic Area (Iceland, Liechtenstein, Norway), and Switzerland enjoy the right to free movement. They can enter Spain solely with their National Identity Document or valid passport, without needing to justify accommodation through this procedure.

What happens if my guest remains in Spain irregularly after the 90 days expire?

As a host, you could incur a serious infraction classified under Article 53 of the Ley de Extranjería for "inducing, promoting, encouraging, or facilitating the illegal stay of a foreigner in Spain". The financial penalties are severe and range from €501 to €10,000. Furthermore, this will negatively affect any future invitation letter applications you wish to make.

Can the stay authorised by an invitation letter be extended?

As a general rule, no. Stays for tourism or private purposes have an unextendable limit of 90 days within a 180-day period. Only in cases of extreme force majeure, sudden and duly proven serious illness, or accident, could an exceptional extension of stay be requested before the corresponding Oficina de Extranjería (Immigration Office).

Summary

• The invitation letter is an official document issued by the Policía Nacional, mandatory for hosting non-EU family members or friends in a private home.
• The procedure must be started at least 2 to 3 months before the travel date to avoid unexpected issues.
• The total cost in government fees for the host is around €81.55 for application and issuance.
• The guest must prove at the border that they have a minimum of €113.40 per day for their maintenance during the year 2024.
• Failure of the guest to return can result in fines of up to €10,000 for the host under the Ley de Extranjería.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.