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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.

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IMMIGRATION

EXPLAINED: What are the main obstacles to finding a job when moving to an EU country?

Moving to another country is never easy, as it requires going through cultural changes and administrative formalities. It can be even more complicated when looking for a job.

EXPLAINED: What are the main obstacles to finding a job when moving to an EU country?

According to new data released by the EU statistical office, Eurostat, the knowledge of the national language and the recognition of professional qualifications are the two most common obstacles experienced by foreign-born people in finding a ‘suitable’ job in countries of the European Union.

Overall, about a quarter of people born outside the EU who had experience in working or looking for work in the bloc reported some difficulties getting a ‘suitable’ job for level of education (without considering the field of expertise or previous experience).

The Eurostat analysis shows that the situation is better for EU citizens moving within the bloc. But there are major differences depending on countries and gender.

Life can be more difficult for women

In 2021, 13.2 percent of men and 20.3 percent of women born in another European Union country reported obstacles in getting a suitable job in the EU place of residence.

These proportions however increase to 20.9 percent for men and 27.3 percent for women born in a non-EU country with a high level of development (based on the United Nations’ Human Development Index) and 31.1 percent for men and 35.7 percent for women from non-EU countries with a low or medium level of development.

Finland (42.9 percent), Sweden (41.7 percent), Luxembourg (34.6 percent) and France (32.1 percent) are the countries with the highest shares of people born outside the EU reporting problems. Norway, which is not part of the bloc, has an even higher percentage, 45.2, and Switzerland 34.3 percent.

In contrast, Cyprus (11.2 percent), Malta (10.9 percent), Slovenia (10.2 percent), Latvia (10 percent) and Lithuania (6.7 percent) have the lowest proportion of people born outside the EU reporting difficulties.

Lack of language skills

The lack of skills in the national language is most commonly cited as a hurdle, and it is even more problematic for women.

This issue was reported by 4.2 percent of men born in another EU country, 5.3 percent of those born in a developed country outside the EU and 9.7 percent of those from a non-EU country with a middle or low level of development. The corresponding shares for women, however, were 5.6, 6.7 and 10.5 percent respectively.

The countries where language skills were more likely to be reported by non-EU citizens as an obstacle in getting a relevant job were Finland (22.8 percent), Luxembourg (14.7 percent) and Sweden (13.1 percent).

As regards other countries covered by The Local, the percentage of non-EU citizens citing the language as a problem was 12.4 percent in Austria, 10.2 percent in Denmark, 7.8 percent in France, 5.1 percent in Italy, 2.7 percent in Spain, 11.1 percent on Norway and 10.1 percent in Switzerland. Data is not available for Germany.

Portugal (77.4 percent), Croatia (68.8 percent), Hungary (58.8 percent) and Spain (58.4 percent) have the highest share of people from outside the EU already speaking the language as a mother tongue before arriving, while more than 70 percent of non-EU citizens residing in Denmark, Finland, Luxembourg and Norway said they had participated in language courses after arrival.

Lisbon Portugal

Portugal has the highest share of people from outside the EU already speaking the language as a mother tongue before arriving. (Photo by Aayush Gupta on Unsplash)

Recognition of qualifications

Another hurdle on the way to a relevant job in EU countries is the lack of recognition of a formal qualification obtained abroad. This issue was reported by 2 percent of men and 3.8 percent of women born in another EU country. It was also mentioned by 3.3 percent of men and 5.9 percent of women born in a developed country outside the EU, and 4.8 percent of men and 4.6 percent of women born in a less developed non-EU country.

Eurostat says this reflects an “unofficial distrust” among employers of qualification obtained abroad and the “low official validation of foreign education”.

The lack of availability of a suitable job was another factor mentioned in the survey. In Croatia, Portugal and Hungary, this was the main obstacle to getting an adequate position.

This issue concerned 3.3 percent of men and 4.5 percent of women born in another EU country, 4.2 percent of men and 5 percent of women born in a developed non-EU country It also worried 3.9 percent of men and 5.1 percent of women born in a less developed non-EU country.

Restricted right to work due to citizenship or residence permits, as well as plain discrimination on the grounds of origin were also cited as problems.

Discrimination was mostly reported by people born in a less developed non-EU country (3.1 percent for men and 3.3 percent for women) compared to people born in highly developed non-EU countries (1.9 percent for men and 2.2 percent for women).

Citizenship and residence permits issues are unusual for people from within the EU. For people from outside the EU, this is the only area where women seem to have fewer problems than men: 1.6 percent of women from developed non-EU countries reported this issue, against 2.1 percent of men, with the share increasing to 2.8 and 3.3 percent respectively for women and men from less developed non-EU states.

The article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

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