SHARE
COPY LINK

IMMIGRATION

Reader question: Can Brits stay more than 90 days in the EU if they have a spouse with an EU passport?

As British nationals get to grips with the 90-day rule that now governs all trips to EU and Schengen countries, readers are asking if having a European spouse makes any difference to the limit?

Reader question: Can Brits stay more than 90 days in the EU if they have a spouse with an EU passport?
Is having an EU spouse useful for more than love and companionship? Photo: AFP

Question: I have an Irish passport but my wife has a British one. I am therefore able to visit France for more than 90 days out of every 180, but can she do the same as my wife?

This question is one of several The Local has received on a similar theme as British nationals face life under the EU’s 90-day rule.

90-day rule

This rule applies to all non EU-nationals travelling into the EU or Schengen zone for whatever reason – holiday, family visits or visit to second homes.

It has therefore long applied to visitors from American, Canada, Australia etc but since January 1st 2021 has also applied to Brits.

If you intend to do paid work while in the EU, you will probably need a visa even if you stay less than 90 days and there are some countries whose nationals need an entry visa even for a stay of less than 90 days – find the full list here. The overseas territories of France and the Netherlands have extra restrictions in place.

The rule says that people who are not resident can only spend 90 days out of every 180 in the EU. So in total over the course of a year you can spend 180 days, but not all in one block.

This Schengen calculator allows you to calculate your visits and make sure you don’t overstay.

It’s important to point out that the 90-day limit is for the whole Schengen area, so for example if you have already spent 89 days in Spain you cannot then go for a long weekend in Berlin.

People who want to stay longer than that have to get a visa – either a visitor visa if they simply want to make a prolonged visit or a long-stay visa for people who intend to make their home in an EU country.

But what about people who are the spouses of EU citizens?

Having an EU spouse is useful in a number of ways to do with immigration (plus if you pick a good one they might put the bins out) but unfortunately not when it comes to the 90-day rule.

The EU’s immigration guidelines state that non-EU passport holders can join their EU spouse in a European country for three months, but after that must apply for a residency card (if they intend to stay) or a visa.

The good news is that applying for both residency or a visa can be simpler if you are applying as the spouse of an EU passport holder.

For visas the system varies between countries but generally you won’t need proof of financial means if your spouse is working, while for pensioners the income and health cover requirements are generally more relaxed. 

Member comments

  1. As always the Local has provided a useful overview. However, when to comes
    to visas the devil is in the detail. The article would be *really* useful
    if links were included to application processes.

    People who want to stay longer than 90 days in 180 have to get a visa – either a visitor visa or a long-stay visa. This article was sourced in
    France but is referenced by The Local in Spain. I am still looking for
    details of how to obtain a visitor visa – clearly a Spanish matter as
    the EU extension visa does not seem appropriate.

    Can anyone assist with clarification of what visa is needed to stay
    in Spain for 180 days en bloc – and how to obtain such? Information
    is needed by September for those UK nationals who habitually spend
    their winters in Spain over the five colder months of the year.

  2. The french government’s website guide to visas explains very clearly how to stay longer than 90 days, if required. And, for those with 2nd homes who want to spend more time in the summer (more than 90 days in a stretch) a ‘short long-stay’ visa is possible. Interestingly, Crete, Croatia, Bulgaria and Romania have chosen to stay out of the 90 days in 180 day rule. Visa application to french consulate appears pretty straightforward. It’s a nuisance, and I wish we didn’t have to do it, but not as bleak as the press make it out to be.

    1. The article does not give nearly enough detail on this matter of 6-month stays for Brits with an EU spouse. These will normally be people with 2nd homes. I understand that the Brit has to go to the prefecture within 3 months of arrival and then apply for a “Carte de Séjour de membre de la famille d’un Européen”. But do the prefectures make a difference between (a) people wanting a CdeS because they wish to become permanent residents; and (b) people wanting a CdS in order to say for 6 months? As I say above, most 2nd home-owners will be in category (b). I’ve looked on the website of the prefecture du Var but all I see are references to applications for a VLS-TS, and this is for permanent residents. We would like to stay for 6 months but do not want to be mistaken for permanent residents. Hopefully ‘The Local’ will clarify this point for all of us.

Log in here to leave a comment.
Become a Member to leave a comment.

BREXIT

‘It’s their loss’: Italian universities left off UK special study visa list

The UK is missing out by barring highly skilled Italian graduates from accessing a new work visa, Italy's Universities Minister said on Wednesday.

'It's their loss': Italian universities left off UK special study visa list

Universities and Research Minister Cristina Messa said she was disappointed by the UK’s decision not to allow any graduates of Italian universities access to its ‘High Potential Individual’ work permit.

“They’re losing a big slice of good graduates, who would provide as many high skills…it’s their loss,” Messa said in an interview with news agency Ansa, adding that Italy would petition the UK government to alter its list to include Italian institutions.

Ranked: Italy’s best universities and how they compare worldwide

“It’s a system that Britain obviously as a sovereign state can choose to implement, but we as a government can ask (them) to revise the university rankings,” she said.

The High Potential Individual visa, which launches on May 30th, is designed to bring highly skilled workers from the world’s top universities to the UK in order to compensate for its Brexit-induced labour shortage.

Successful applicants do not require a job offer to be allowed into the country but can apply for one after arriving, meaning potential employers won’t have to pay sponsorship fees.

Students sit on the steps of Roma Tre University in Rome.

Students sit on the steps of Roma Tre University in Rome. Photo by TIZIANA FABI / AFP.

The visa is valid for two years for those with bachelor’s and master’s degrees and three years for PhD holders, with the possibility of moving into “other long-term employment routes” that will allow the individual to remain in the country long-term.

READ ALSO: Eight things you should know if you’re planning to study in Italy

Italy isn’t the only European country to have been snubbed by the list, which features a total of 37 global universities for the 2021 graduation year (the scheme is open to students who have graduated in the past five years, with a different list for each graduation year since 2016).

The Swiss Federal Institute of Technology, EPFL Switzerland, Paris Sciences et Lettres, the University of Munich, and Sweden’s Karolinska Institute are the sole European inclusions in the document, which mainly privileges US universities.

Produced by the UK’s Education Ministry, the list is reportedly based on three global rankings: Times Higher Education World University Rankings, the Quacquarelli Symonds World University Rankings, and The Academic Ranking of World Universities.

Messa said she will request that the UK consider using ‘more up-to-date indicators’, without specifying which alternative system she had in mind.

SHOW COMMENTS