Staying in Schengen more than 90 days

JnSRoaming
JnSRoaming Forum Participant Posts: 8
edited July 2023 in Overseas Campsites & Touring #1

I am a British citizen married to an EU citizen (Danish) and we are travelling in the motorhome in Scandinavia staying no longer than a few weeks in any one Schengen state, but wishing to stay for about 115 days in total.

All our research indicates that so long as I am travelling with my husband I can stay longer than the 90 days limit for UK citizens as per reference in this document.
https://cd54e371-cab3-4887-826a-0feff2e25a2c.usrfiles.com/ugd/cd54e3_62f99490edde422da7ddfebb4bf6a5d7.pdf

We have also contacted our MP who also concluded that, theoretically this should be allowed.  However, we can find no evidence of anyone who has actually done this without incurring any fines or bans and just as importantly, have then been able to return to Schengen without issue.  Especially since the SIS computer system has been in operation since 2023 which tracks Schengen entry/ exit dates and highlights any overstays accrued in any Schengen state.

I am wondering if anyone has any actual experience of successfully staying longer than 90 days travelling with an EU citizen?

Comments

  • DavidKlyne
    DavidKlyne Club Member Posts: 13,856 ✭✭✭
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    edited July 2023 #2

    I can't answer with any authority but I do have a neighbour who has a house in France and I happened to mention the 90 rule to him and his response was that it was OK for longer stays in the Schengen area  as his wife had a Republic of Ireland passport so a similar situation to your own. 

    David

  • KjellNN
    KjellNN Club Member Posts: 8,663 ✭✭✭
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    edited July 2023 #3

    I am a Norwegian  citizen and passport holder, I would be most upset if next summer, when we plan to go for an extended visit to my family, I had to send my wife home alone within 90 days!

    I believe that it will be OK for my wife to accompany me for as long as we wish to stay.

  • eurortraveller
    eurortraveller Club Member Posts: 6,828 ✭✭✭
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    edited July 2023 #4

    JnS,   My own belief is that your Danish husband can travel freely within the EU and that you can travel freely without the 90 day limit when you are with him.

    But never, ever believe what you read on a forum on any subject.,Get confirmation from the official Europe Direct Contact Centre  - contact address is online,

  • JnSRoaming
    JnSRoaming Forum Participant Posts: 8
    edited July 2023 #5

    Thanks - but my understanding is that even EU citizens can’t reside in one Schengen state for more than 90 days without then applying to that country for a Visa. However they can travel unlimited in different Schengen areas so long as they don’t stay in any one Schengen state for more than 90 days. But as someone has said here, never believe it till you actually put it to the test! 

  • JnSRoaming
    JnSRoaming Forum Participant Posts: 8
    edited July 2023 #6

    That is what we believed but when we arrived in Schengen in May the Dutch border force were very insistent that I could not stay travelling across various Schengen states with my husband for more than 90 days. If I did so they said I would be banned from Schengen for 2 years and possibly fined. 
    Since then we have been investigating further, getting nowhere with any substantial confirmation and today made  contact by phone with the Dutch Border Force office and after a 25 minute (friendly) chat their conclusion was that it was only a recommendation, not a law, and therefore the 90 days would (probably but not conclusively) apply.


    I have now decided I don’t want to risk being noted as an overstayer and consequently face difficulty returning and next year, when the ETIAS system becomes a requirement for travel in Schengen, my application is rejected as I am classed as an ‘overstayer’. 

    So we are now looking at me flying home from Denmark on day 90 and leaving my husband travelling and visiting family and our friends in Denmark to return later via Holland. 

    Hence my question about whether anyone has actually stayed travelling more than 90 days. 
    My advice for your Norway trip is to be prepared to have extensive discussions with the Border Force when you first arrive.   
    We didn’t as they were so adamant that I couldn’t stay longer and all our subsequent attempts to get actual confirmation that the recommendations will be applied to my stay have not been successful. 

    BTW we absolutely loved our time in Norway - a great country!

  • JnSRoaming
    JnSRoaming Forum Participant Posts: 8
    edited July 2023 #7

    I agree - as you say never believe what you read - hence my question asking if anyone has ever actually done it. 
    It seems now like a big risk to actually try it as being classed as an ‘overstayer’ has serious consequences- not least the possibility of a big fine. 

  • eurortraveller
    eurortraveller Club Member Posts: 6,828 ✭✭✭
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    edited July 2023 #8

    JnS, I can only repeat my earlier advice - that the correct and official ruling will come from the Europe Direct Contact Office..Their freephone number is 0800 67891011, but if you use the contact form on their website you will get a written reply which you may perhaps be willing to share on here for others.

  • Lutz
    Lutz Forum Participant Posts: 1,564 ✭✭✭✭
    edited July 2023 #9

    EU citizens do not need a visa, regardless how long they stay in another Schengen country. However, they do normally have to register residency after 90 days if they are staying there permanently because they may then become income tax liable in that country.

  • JnSRoaming
    JnSRoaming Forum Participant Posts: 8
    edited July 2023 #10

    Thanks you are absolutely right. I meant to say register. 

  • JnSRoaming
    JnSRoaming Forum Participant Posts: 8
    edited July 2023 #11

    Thank you, we found it very helpful, unfortunately it is only a “recommendation” and not yet a ruling, thus it needs to be ratified by member states or taken to court. 
    The chat we had with Dutch officials, hinted that while a border guard might accept the argument, it is not yet on the Schengen computer system that tracks your entry and exit so your details on the system would likely still flag up as overstayer.

  • Rocky 2 buckets
    Rocky 2 buckets Forum Participant Posts: 7,101
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    edited July 2023 #12

    Thanks for this J👍🏻. I thought Schengen was just EU countries but thanks to you I find it’s also for non EU too(Norway), learning all the time🙂

  • Lutz
    Lutz Forum Participant Posts: 1,564 ✭✭✭✭
    edited July 2023 #13

    By the way, it works the other way round, too. Not all EU countries are Schengen. Ireland and Cyprus are in the EU, but not in Schengen. 

  • Rocky 2 buckets
    Rocky 2 buckets Forum Participant Posts: 7,101
    1000 Comments
    edited July 2023 #14

    Another thanks👍🏻. Learning all the time(2)🙂

  • Tammygirl
    Tammygirl Club Member Posts: 7,958 ✭✭✭
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    edited July 2023 #15

    I'm a member of a group on FB that tour all round Europe.

    Many of the members are couples that 1 of them has a European passport, they say that as long as you are together and you carry your marriage certificate with you, you are alright to stay as long as you wish but like Lutz said no more than 90 days in anyone Schengen country or you should register.

    Lots of these members are doing long trips and so far have not encountered any problems at border control as long as they show their marriage certificate.

    The FB group by the way is called, 'Motorhoming in Europe post Brexit'

    Lots on there have done it and returned back to Europe again. 

  • Tammygirl
    Tammygirl Club Member Posts: 7,958 ✭✭✭
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    edited July 2023 #16

    Just make sure you take your marriage certificate with you. 

  • KjellNN
    KjellNN Club Member Posts: 8,663 ✭✭✭
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    edited July 2023 #17

    We will!!

  • JnSRoaming
    JnSRoaming Forum Participant Posts: 8
    edited July 2023 #18

    I contacted the Europe Direct Contact Centre and today gave received the reply - copied below.

    Based on this and joining/reading the FB suggested in an earlier reply (thanks) I have decided I will stay travelling with my husband and we plan to leave Schengen, from Holland, returning to the UK after about 115 days. Will update this forum post with the outcome!

    Thanks to all who have responded here.

    ———-email reply from Contact Centre was as follows—-

    Thank you for contacting the Europe Direct Contact Centre.A citizen of UK does not, in principle, require a visa to travel for a short stay of no more than 90 days within any 180-day period in the Schengen area.

    The fact that you are married to a Danish citizen on its own, not sufficient to waive the limits of the 90/180-days rule if you intend to travel on your own within the Schengen area.

    However, if you are travelling with your husband to a Schengen country other than that of your husband's nationality, or joining him in such a country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with your husband will not be taken into account when you travel again on your own. Please be aware, however, that in this case you might need to have documentation to show when you were travelling together and when you were not.

    For further information, we recommend that you contact the authorities of the country you would like to travel to: https://europa.eu/youreurope/embassies/index_en.htm

    You can also find additional information here: https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

    If you wish to remain in a given country for more than 3 months, both you and your husband need to register your residence: https://europa.eu/youreurope/citizens/residence/index_en.htm

    Please note that as your husband is a Danish citizen, this will not apply when you are travelling together to Denmark.

    We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions.

    Moderator Comment - Links made live.

  • KjellNN
    KjellNN Club Member Posts: 8,663 ✭✭✭
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    edited July 2023 #19

    Thanks for that, confirms what we had reckoned.

    Hope you have a good holiday

  • JnSRoaming
    JnSRoaming Forum Participant Posts: 8
    edited March 28 #20

    UPDATE - I ended up staying 118 days and it was fine coming back through border control when leaving Holland. We drove through the EU lane and I had our marriage certificate in my passport. I said I had been travelling with my husband who is a EU citizen and the Guard just stamped my passport and we were through.    

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