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.

  3. In the article there is a mention of a possible need to apply for a ‘residency card’. What is this?
    I am particularly interested in the situation in Italy.
    I have seen it written that a Carta d’Identità is NOT proof of residency and in that case would not be the aforementioned ‘residency card’.
    In fact, what would be proof of residence in Italy? I understand that it is such residency that means that the 90/180 rule does not apply.
    I find this very confusing! There isn’t more than one meaning of the term ‘residency’, is there?

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

BREXIT

Scores of Britons in Denmark may not have received Brexit residency letter

A large number of British nationals who moved to Denmark under EU rules in 2020 may not have received a reminder from Danish authorities to update their residence status ahead of a Brexit deadline, meaning many missed the deadline and could face having to leave.

Scores of Britons in Denmark may not have received Brexit residency letter

Are you a British national in Denmark facing a situation similar to the one described in this article? If so, you can contact us here — we’d like to hear from you.

British nationals who registered as resident in Denmark under EU rules in 2020 – the last year in which EU free movement was available to UK citizens – may not have been officially notified by Danish authorities’ alerts that they needed to apply for updated residence status by the December 31st, 2021 deadline.

That means that people who moved to Denmark from the UK in the year 2020 are more likely to have missed the deadline.

Those who had been living in Denmark before 2020 were much more likely to have received the official notification by Danish authorities.

The issue has potentially serious consequences: the Danish Agency for International Recruitment and Integration (SIRI) is rejecting applications that were submitted late if the reason for late submission was that the applicant did not receive reminder letters in 2021.

As recently reported by The Local, Phil Russell, a 47-year-old financial services administrator who lives in the western part of Zealand, has received notice he must leave Denmark by early December after missing the deadline to apply for a post-Brexit residence permit.

SIRI sent reminders to UK nationals resident in Denmark to update their residence status under the terms of the Brexit Withdrawal Agreement prior to a December 31st, 2021 deadline. But Russell did not receive the reminders and eventually discovered he had missed the deadline just four days into January 2022.

READ ALSO: Briton living in Denmark urges authorities to reverse his deportation order

Russell’s situation appears to be far from unique. The Local has spoken with several other UK nationals in Denmark who say they did not receive the information letters. All of the UK nationals moved to Denmark in 2019 or 2020 and all of them registered as resident in the country in 2020.

“I am also a British person in Denmark who did not receive any notifications or reminders regarding the need to apply for new paperwork by the deadline,” a reader, who preferred to remain anonymous, told The Local via email.

“I tried to stay oriented to post-Brexit issues but have, to date, received no information regarding what is required of me post-Brexit and have never seen any of the ‘extensive ad campaigns’ which were apparently designed to inform people like me. I only became aware that I did not have the correct paperwork when leaving to visit the UK in June,” they said.

“I have called for updates regarding my application and have been told it is still being processed,” they said.

“It does seem unreasonable that a government agency is seemingly putting the responsibility on the resident to know of any changes that need to be made to government records, especially when SIRI has not contacted those who they are now seemingly penalising for applying late,” they said.

“I had not ever moved to a different country before this and I’ve certainly never needed to negotiate the complicated nature of Brexit before. I do not know what is normal or not when it comes to residency documents, so if something is required, I would expect to be contacted directly,” said the person, who was granted residency in Denmark in September 2020 under EU rules.

“I have felt failed by SIRI since I found out I had not been contacted at all, let alone three times. Had I known that I needed to reapply, I would have done so straight away,” they said, adding that they experience “daily anxiety knowing there is the possibility of my application being rejected due to its late submission”.

“If there has been a technical error on SIRI’s part, that they should not penalise residents for this,” they said.

READ ALSO: How do other EU countries’ post-Brexit residence permits compare to Denmark?

Two other people, who both registered as resident in Denmark in 2020 under EU rules, also said they had not received SIRI’s information letters.

“While I received my new permit, I also did not receive the letters about renewing,” Danny Maiorca, who moved to Denmark in September 2020 and registered as a resident the following month, told The Local via email.

Maiorca said the only reason he knew to apply for the updated residence permit was by regularly checking SIRI’s website in 2021.

After initially moving to Denmark in 2019, Alex Stuart registered as a resident under EU rules in 2020. He told The Local he also had not received all of SIRI’s information letters in 2021 and had submitted his post-Brexit residence application after the December 31st, 2021 deadline.

“SIRI hasn’t said anything to me yet, just that they are reviewing my case. But now that I see what they are saying to others I expect my answer won’t be very different,” he said.

The Local has contacted SIRI on repeated occasions to ask whether its information letters failed to reach all persons from the UK who moved to Denmark in 2020. We also asked whether it made sense to revoke the residency status of persons who submitted late applications after not receiving the letters.

The agency has yet to provide an answer but said it intends to respond to our questions. We will update this article or publish a new one once we receive a response.

In an internal record from SIRI which has been seen by The Local, the agency concludes that its information letters were a “supplementary service and part of an information campaign.”

The letters were also available on the agency’s website.

Not receiving the letters was therefore not to be considered an extenuating circumstance in an appeal against a rejected, late application, the agency notes in the internal memo, dated March this year.

SIRI has previously confirmed that as of September 30th, it had received 290 applications for post-Brexit continued residency status after the December 31st, 2021 deadline. Some 17,811 applications were received before the deadline.

Decisions on some applications made after the deadline are still being processed, meaning it is not clear how many UK nationals have already or could yet lose their residency rights.

In a written comment, the British Embassy in Copenhagen said it “is aware that a number of UK nationals residing in Denmark submitted applications for residency after the relevant deadline.”

“The Embassy has been working closely with the Danish authorities on implementation of the EU-UK Withdrawal Agreement and regularising the stay of those UK nationals who have chosen to make Denmark their home,” it said.

British Ambassador to Denmark Emma Hopkins has requested a meeting with the Danish authorities to discuss the application of the rules to UK nationals, the embassy added.

A spokesperson from the UK’s Foreign, Commonwealth & Development Office said that “anyone who applied before the deadline [December 31st, 2021, ed.] will have their rights protected, even if their application has yet to conclude. The Danish authorities will accept late applications if there are reasonable grounds for missing the deadline.”

The Facebook group British in Denmark, which seeks to provide advice and support for UK nationals who live in Denmark, said that of the group’s 1,400 members, only two who moved to Denmark in 2020 have confirmed they received the SIRI information letters.

While some subsequently applied to update their residence status after the deadline, others were able to meet the deadline because they found out about it through the group or via their personal network, a spokesperson from the group said.

“The problem is that if they arrived in 2020, a lot of people didn’t have that network,” the spokesperson said.

“It’s been left up to the specific countries to decide how they’re going to deal with the late applications. So it’s not written in the Withdrawal Agreement,” she noted.

“Each country can interpret it as long as you’re complying with the spirit of the Withdrawal Agreement,” she said.

The citizens’ rights section of the Withdrawal Agreement states that “where the deadline for submitting the application… is not respected by the persons concerned, the competent authorities shall assess all the circumstances and reasons for not respecting the deadline and shall allow those persons to submit an application within a reasonable further period of time if there are reasonable grounds for the failure to respect the deadline”.

The text of the agreement states that anyone living in an EU member state before the end of the transition period has the right to remain.

“In the spirit of the Withdrawal Agreement, everyone was sent a letter. But the people of 2020 didn’t get a letter,” the British in Denmark spokesperson said.

“We really want as many late applicants as possible to join our group. We’ve got people together to provide support for each other and the late applicants who are in there have found it really, really useful,” she added.

“There are devastating potential consequences for them to be facing this alone with their families,” she said.

SHOW COMMENTS