The invitation letter: everything you need to know

We explain in detail the requirements and characteristics of the invitation letter to come to Spain as a tourist

What is the invitation letter

One of the requirements that must be met by any foreigner traveling to Spain as a tourist without a visa, in addition to the round trip and economic resources for their maintenance, is to have accommodation during your stay.

This is demonstrated in two ways:

1- With the confirmed reservation of a lodging establishment (hotel, motel, hostel, etc.). OR
2- With a letter of invitation, which is the formal declaration of a Spaniard or a foreigner who is legally resident in Spain. In this letter, he / she commits to provide the guest with lodging during their stay in the country. To be valid, it must be approved by the immigration authorities, in this case by the National Police.

Where and how the invitation letter is processed

It must be requested before the Police Station of the place where the person signing the letter of invitation resides. In several populations (such as Barcelona, for example), a prior appointment must be made. This request is made in a form expressly indicated for it, which you can download here.

What documents accompany the invitation letter request

1- DNI or NIE of the person resident in Spain who invites, that is, who offers the accommodation to the tourist. On the other hand, you have to place the guest’s information in the application (including your passport number). However, there is no need to attach a copy of this last document, but be sure that it will be the one that the visitor will present upon arrival in Spain.

2- Title of property, lease agreement or any other document that demonstrates the right that the person inviting has over the dwelling where the guest will be staying. This housing does not necessarily have to be the habitual residence of the one who invites.

In practice, the official who processes the documentation will check whether the apartment or house has a sufficient number of rooms to accommodate the visitor. Thus, if the house has a single bedroom, and 4 people already live there, it could be denied authorization. However, they tend to be flexible.

3- Payment of fees. The forms are delivered by the Police at the moment you submit the application. They are 72.12 euros for the processing, and 6.30 euros for the issuance of the letter. If several people are invited (a couple, or a family), in principle they should only charge 72.12 euros for processing regardless of the number of guests. Plus 6.30 euros for each guest for the issuance of the letter.

What happens if I am denied the invitation letter

You can try an administrative appeal, appeal, within the month following the notification of the refusal. In some cases it is worth it, if some document was missing, for example. In other cases, it is better to look for another alternative.

Risks for the person who invites

When they grant the invitation letter, they include a serious warning to the person who made the request. They indicate that if the guest stays in Spain in an irregular situation, the one who invites may incur a crime or a serious administrative infraction.

Crime?

With regard to the alleged crime, they cite article 318 bis of the Criminal Code, which states:

“Whoever directly or indirectly promotes, favors or facilitates illegal trafficking or illegal immigration of persons from, in transit or to Spain, or to another country of the European Union, shall be punished with a penalty of four to eight years in prison. ”

We are of the opinion that this article is not applicable to the case of an invitation letter. In effect, there is no “illegal trafficking” of people or “clandestine immigration” here. The penal sanction in this case is aimed at people who are dedicated, for profit, to introduce foreigners illegally into the country. We repeat, this situation does not occur in this case.

Administrative infraction

It could be a serious administrative infraction. Article 53.2.c of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (the so-called Immigration Law), sanctions:

“Promote the irregular stay in Spain of a foreigner, when his legal entry has had an express invitation from the offender and continue to be in his charge once the period of time allowed by his visa or authorization has elapsed. To graduate the sanction will be taken into account the personal and family circumstances concurrent. ”

The penalty is this case is a fine of between 501 to 10,000 euros.

However, if the guest stays in Spain in an irregular situation, but does not “remain in charge” of the one who invites, for example, does not continue residing in his home, we could affirm that the application of the sanction would not proceed either.

Nor would the penalty for a very serious breach of article 54.1.b of the aforementioned law, which also refers to trafficking in persons for profit.

The invitation letter: some final tips

The processing of the letter of invitation, from the request for prior appointment, to obtaining it, can take up to 3 months. Therefore, we recommend that you complete this procedure well in advance.

It is convenient that you bear in mind, in addition, that the invitation letter must be presented by the tourist upon arrival, if it is required. So you’ll have to send it to her, previously.