SHARE
COPY LINK
For members

READER QUESTIONS

Reader question: Can Britons living in EU spend more than 90 days in another Schengen country?

The EU's '90 day rule' governs how long non-European citizens can spend in the bloc without needing a visa and, since Brexit, this has also included UK nationals. But does it still apply if you live in an EU country?

Reader question: Can Britons living in EU spend more than 90 days in another Schengen country?
Photo: AFP

Question: I’m British and I have residency in Italy, but my daughter and her family live in France. I like to spend a good part of the year with them in France, but since Brexit will the 90-day rule apply to me?

This is just one of many questions The Local has received on this topic – from British (and other non-EU) citizens who are permanent residents of an EU country, asking whether the 90-day rule applies to them.

Brits who were already living in an EU country before December 31st 2020 are covered by the Withdrawal Agreement, which gives them the right to stay in the countries where they live under many of the same terms as they enjoyed when they were EU citizens.

However, there are several things that the Withdrawal Agreement doesn’t cover.

One of those is moving to a different EU country, which UK nationals will now require a visa for – full details on that HERE.

The other is how much time they can spend in other EU countries.

90-day rule

In this case non-EU residents of EU countries are covered by the 90-day rule, in the same way as visitors from the UK or the US are.  So in other words there is no different rule for those Britons who are resident in the EU.

You can read full details of how the 90-day rule works HERE but broadly, people covered by it can spend 90-days out of every 180 in an EU or Schengen zone country other than their own without the need for a visa.

The 90-day total applies to the whole EU/Schengen zone, so if you live in France you cannot spend 85 days in Germany and then go straight to the Netherlands for two weeks to enjoy the Eurovision Song Contest, as that would exceed your 90-day limit. 

The 90-day limit is also intended for visits only, so if you intend to do paid work while in another EU country then you may need a visa.

Enforcement

Several people have also quite rightly asked us how this could possibly be enforced, given that passports are not routinely checked when travelling within the Schengen zone?

For example, how could French authorities really enforce the 90-day rule on someone who has crossed over from Italy for a lengthy visit?

While it seems unlikely people would be caught they should be aware that while residents of EU countries won’t be subject to the same passport checks and stamping as people entering the Bloc, that doesn’t mean there are no passport checks.

Controls can still be carried out at Schengen borders if, for example, there is a security alert or border restrictions are tightened due to the pandemic.

You could also be asked to produce your passport while visiting an EU country at a police or security check.

One thing to consider is that if you are found to have spent too long in a country where you do not have residency status or a visa you can face some severe penalties.

You may be fined in the country where you are found to have breached the 90-day rule and even deported. Your passport could also be flagged as an over-stayer which can cause problems for future travel or residency/visa applications.

In a worst case scenario non-EU nationals who stay longer than 90-days without a residence permit or visa could end up with a re-entry ban to the Schengen area.

Member comments

  1. There are no borders so if you are driving within EU countries and are staying with friends or family how would the authorities know.

  2. If you were driving from France to Italy for example, with French plates, who is going to know if you are British. If you have a French ID card, you could show that if asked.

  3. Note that there are some work arounds for the 90/180 rule, at least for Australians and New Zealanders. In both these cases, there are bilateral agreements on visa waivers predating Schengen. For example, an Australian can spend 90 days in Germany (only Germany), then travel to a non Schengen country for a single day, then return to Germany for a new 90 day period (https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662). This is entirely separate to the 90/180 requirement. I remember reading that a Kiwi managed to use these bilateral agreements to stay in Schengen countries for well over three years. However, seek confirmation from the relevant embassies before using these agreements- not unusual for the border officials to not have a clue

  4. I am a dual passport holder, US/British, and also have permanent residency in the Netherlands (with the ID) where I have lived for years. I like to spend chunks of time in Spain, and am very curious how things are going to work, if there will be any change in passport control within the Schengen Zone and how they would monitor the 90 day rule when passports are not checked. For example, since I am already living with Schengen, my passports will never be stamped on arrival in the Netherlands, and I assume when I land in Spain from another Schengen country there is no change? I am aware they may randomly check, especially for British passport holders, but could I not switch off sometime with my US passport or simply show my residency card from the Netherlands if asked? A bit confused how things are going to work in practice, if anyone knows if there are any changed to passport control within Schengen, that would be helpful to know.

  5. I got into a bit of trouble leaving Spain, a while back, as I was travelling on a NZ passport, but there had been no one to stamp it when I entered the EU (in France). It’ll be interesting to see how that plays out.

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

IMMIGRATION

Half of all immigrants to Denmark in 2021 moved for work reasons

A new report from Statistics Denmark shows that 48 percent of residence permits granted to foreign nationals in Denmark in 2021 were for employment reasons. Asylum seekers accounted for 1 percent of new residents.

Half of all immigrants to Denmark in 2021 moved for work reasons

Since the beginning of the century, the reasons for which foreign nationals are granted residency in Denmark have changed considerably, according to a new report by national agency Statistics Denmark.

Over 48 percent of foreign nationals who moved to Denmark with a residence permit in 2021 did so for the purpose of working in the country.

That is the highest level in the last 20 years.

“During the last 20 years there has been a steep increase of immigration of persons who do not have Danish or Nordic citizenship, only briefly interrupted in 2020 because of Covid-19,” Statistics Denmark senior consultant Jørn Korsbø Petersen said in a press statement.

“But the reason for the immigrants’ residence has changed a lot during this period and last year almost half came to Denmark due to work,” Petersen said.

Data from back in 1997 show that during that year, half of the 21,264 people who were issued residency in Denmark arrived for asylum or family reunification reasons, with 32 percent moving for work or study.

In 2021, those proportions had shifted with 70 percent of the total 52,736 arrivals for reasons of either work or study.

Just 1 percent of residence permits were given for asylum with 5 percent granted family reunification.

The primary reason for that change is the increase in people moving to Denmark from other EU countries, according to Statistics Denmark.

Since 1997, a number of new countries including Poland, Latvia, Lithuania, Bulgaria and Romania have joined the EU, with immigration from these countries to Denmark for work reasons subsequently increasing.

Nationals of EU countries can freely move to Denmark to work under the right to free movement guaranteed by EU membership. Citizens of other countries do not have the same rights and must fulfil stringent criteria to be granted residency in the Nordic country.

READ ALSO: How can you get a work permit in Denmark if you are not an EU national?

That is reflected by the data, Statistics Denmark notes. Of the 25,500 persons who immigrated to Denmark for work reasons in 2021, 19,500 were EU or EEA citizens.

The numbers show that the demand for labour in Denmark is “almost insatiable” in the wake of the Covid-19 pandemic, according to Tore Stramer, the senior economist with the Danish Chamber of Commerce (Dansk Erhverv).

“Foreign labour has been a very important lifeline for Danish businesses at this conjuncture,” he said.

“If businesses had not been able to recruit foreign labour, the economic recovery after the corona crisis would have been significantly harder,” he said in a written comment.

SHOW COMMENTS