Guide: The Invitation Letter

An invitation letter is an official document by which a Spanish citizen or a legal resident in Spain requests authorisation to host a foreigner in their home for a short-stay period (maximum 90 days), either for tourism or private reasons.

🫡 What regulations govern this? 

The invitation letter is regulated by the basic legal framework for foreign nationals set out in Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, as well as by Royal Decree 1155/2024, of 19 November. However, the specific provision governing the procedure is Order PRE/1283/2007, of 10 May, which establishes the terms and requirements for the issuance of invitation letters from individuals in favour of foreigners who intend to enter the national territory for tourism or private motives. 

👤 Who Can Apply?

To apply for this letter, you must find yourself in one of the following three scenarios:

• Be a Spanish citizen.

• Be a national of a member country of the European Union residing in Spain.

• Be a foreigner with legal residence in Spanish territory.

✈️ What Is It For?

It is requested for citizens of third countries (meaning outside the European Union or the Schengen Area) who plan to travel to Spain.

• If your guest does not need a visa, they will carry it with them to show at airport control if requested.

• If your guest does need a visa to enter Spain, they will need the original document to attach to their application at the Spanish Consulate in their country of origin when applying for a Schengen visa.

Pay attention here! The invitation letter only serves to justify the accommodation requirement.

⚠️ Just because your guest has the letter does not mean departure is guaranteed. At the border or consulate, they can still be required to present a return ticket, travel medical insurance, and proof of financial means.

🏨 Invitation Letter or Hotel Reservation?

Both alternatives constitute valid and legally recognised means of proof to accredit compliance with the accommodation requirement before the border control or consular authorities. The choice will depend on the nature of the trip:

• If the foreign citizen will effectively sleep at the home of an individual, an invitation letter must be formally completed.

• If the police processing times present an inconvenience or you prefer to simplify the administrative procedure, a reservation at a hotel establishment or analogous platform justifies the accommodation with identical legal validity.

🔢 What Is the Process to Obtain It?

The application is submitted to the National Police Station corresponding to the place of residence of the person inviting. They are responsible for processing it, verifying the details, and issuing the final document.

In the vast majority of police stations in Spain, it is mandatory to request an appointment through the Electronic Office of the State Secretariat for Public Administrations, selecting your province and the specific procedure of "Policía-Carta de Invitación".

The process is far from immediate and is structured into four key phases where the time factor is the real protagonist:

1. Appointment request and fees. The mandatory appointment is booked online, the first processing fee is paid at the bank before going to the police station, and all the necessary documentation is prepared to be presented on the day of the appointment.

2. In-person appearance. The host submits the official form and the required documentation at the National Police Station on the day of the appointment.

3. Assessment and verification. The police analyse the file and perform an automated cross-check of data (certificate of occupancy and register of residents) to verify that the property meets the conditions and is not overcrowded. This resolution phase usually takes an average of 3 weeks.

4. Collection and international shipping. Following notification, the second fee is paid to collect the printed document (if the decision is favourable). From here, one must consider the days it takes for the physical and certified postal delivery of the original document to the guest's country of origin. 

The invitation letter has a specific expiry date: its validity extends for the nine months following the notification of the favourable resolution of the application. Meaning, you have a 9-month window for your guest to make their short-stay trip (maximum 90 days) using that document.

Documentation to Provide

To ensure your application is not rejected, you must bring:

1. The official application form duly completed.

2. Your identity document: DNI if you are Spanish, or TIE/Registration certificate of a European Union citizen if you are a foreign national.

3. Property documentation: Title deeds, valid tenancy agreement, or land registry extract ("nota simple") to prove you have a legitimate space to host your guest.

4. Proof of payment of the fee: Upon starting the procedure, they will provide you with the corresponding fee slip (Fee 790-012) which you must pay at the bank.

Based on the Instruction of the General Commissariat for Foreigners and Borders for the processing and issuance of invitation letters, the requirement to present the physical passport or copy of the identity document of the invited person is expressly removed. Likewise, this directive exempts the applicant from providing documentary evidence to justify their link or personal relationship with the guest. It will suffice solely to state the guest's personal details in writing within the body of the application.

Property Requirements

The suitability of the property is one of the strictest filters of this procedure. To prevent the application from being denied by the police authority, the dwelling must simultaneously meet three essential conditions: 

• Proof of legal availability: The host has the obligation to prove that they legitimately hold the property, by providing the title deeds, an updated land registry extract, or the rental agreement currently in force.

• Optimal habitability conditions: The dwelling must possess the corresponding valid certificate of occupancy and rigorously comply with the regulatory standards of hygiene, health, and safety indispensable for hosting people.

• Strict control of overcrowding: The allocated space must not be saturated. The immigration authorities perform an automated cross-check of data between the municipal register of residents and the maximum capacity declared in the certificate of occupancy (CH). If an excess of registered residents or a lack of real space to house the requested number of guests is detected, the invitation letter will be rejected immediately.

The Fee to Pay

This is a point where many people get confused, because the payment is divided into two fees (Fee 790-012):

• The first fee corresponds to the concept of “authorisation to issue an invitation letter (application)”. It must be paid before the appointment with the National Police and presented along with the rest of the documentation on the day of the appearance to start the process. The cost is €75.05.

• The second fee corresponds to the concept of “issuance of invitation letter”. It must be paid once the application has been favourably resolved, providing the proof of payment on the day of collecting the physical document. The cost is €6.54.

👯‍♂️ Can It Be Requested for Multiple People?

Yes, it is fully viable. The regulations allow several foreign citizens to be unified under the same application when there are operational reasons that advise it (for example, the travel of a complete family unit). The determining factor for its approval will be that the applicant provides documentary proof that their home has the habitability and sufficient capacity to simultaneously host all guests. 

✉️ Do You Have to Send the Original Invitation Letter to the Country of Origin?

Yes, it is indispensable. If your guest needs a stay visa in their country of origin, the Spanish consulate will require them to present the physical original document. If they do not require a visa, the traveller must carry the original document in their hand luggage to be able to present it to the police officers in charge of control at the airport or entry border post. Photocopies or digital files on mobile phones are not accepted.

📝 Is It Valid to Present a Notarised Declaration Instead of the Invitation Letter?

No, absolutely not. There is a false belief that a declaration made before a Notary achieves the same effects as the invitation letter to speed up the process. However, the notarised deed lacks legal validity for immigration purposes. No Spanish consulate or border post will accept a notarised document to justify accommodation; the only enabled official document is the one issued by the Directorate-General of the Police.

🇪🇺 What Legal Implications Will the ETIAS System Have?

The European Travel Information and Authorisation System (ETIAS) will operate as a prior and mandatory electronic authorisation for third-country nationals exempt from visa requirements. ETIAS will be directly linked to the traveller's passport with a maximum validity of three years.

Nevertheless, ETIAS does not replace the invitation letter in any case. As it is a security filter prior to the trip, the border police authorities retain the power to demand documentary proof of the accommodation and the conditions of the trip at the moment of arrival. 

⚠️ Attention!

Obtaining the invitation letter does not guarantee the granting of the visa or actual entry into Spanish territory. Foreign nationals regulations determine that the invitation letter only has effects regarding the justification of accommodation.

Consular refusal: The consulate can refuse the stay visa with cause if the applicant does not soundly prove their guarantees of returning to their country of origin or the availability of sufficient financial means.

Border refusal: Even when possessing a valid visa or being exempt from it, the control officers at the authorised points will examine the objective and subjective entry requirements. If any falsehood is verified, or inclusion in the Schengen Information System (SIS) as inadmissible, or the risk of incurring an irregular stay, a resolution of refusal of entry with immediate return will be issued.

👮🏼 Consequences of the Guest Remaining in Spain

If your guest exceeds the legal limit of 90 days without having obtained an extension of stay or a residence permit, they will automatically find themselves in an irregular situation in the country. On a legal level, this is no minor matter. It represents committing a serious offence under the Immigration Act (Organic Law 4/2000), which carries severe penalties for both the guest and the host:

Financial fines: A penalty ranging between €501 and €10,000 can be imposed.

Deportation and entry ban: A deportation order from Spanish territory can be issued against the invited person. This brings with it a ban on re-entering the country for a period of up to 5 years, a punishment that can rise up to 10 years in cases deemed truly serious.

Refusal of renewal: To renew any residence permit, the Immigration Office requires proof of "good civic conduct", which implies having no criminal or police record. Thus, the host would lose their right to reside in Spain at the time of renewing their authorisation.

If the scheme had a profit motive, it becomes a very serious offence, which has worse consequences for the participants, such as higher financial fines, immediate termination of the residence permit, among others.