5

There seem to be a lot of questions around this subject, but couldn't find one specific to my case, so would really appreciate any advice or feedback.

I am spouse of an EEA national and we have been living in the UK (I am neither an EEA nor a UK national). As the spouse of an EEA national, I hold a resident permit in the UK and also have a short-stay Schengen visa.

Over the next 5 months, I would be traveling extensively to various countries in the Schengen region and will quite likely end up spending over 90 days.

During this period, I would be traveling back and forth among those countries, traveling back to the UK, but would largely be based in Italy.

Does the same 90/180 rule still apply? If so, how strongly is it checked across borders of different countries? Can I apply for a visa under a different category - may be a business visa, to stay beyond that 90 day period?

  • Are you likely to still be the spouse of an EEA national on Feb 1 2020? – DJClayworth Dec 17 '19 at 19:31
  • 1
    Yes, I will remain the spouse. Are you referring to Brexit, if so, how is that pertinent to the 90/180 rule? – Abhi Dec 17 '19 at 19:48
  • Are you going to be traveling with your EEA national family member? – phoog Dec 17 '19 at 20:32
  • @Phoog: in the first instance, yes, but that might only be for a few days and then she would head back to the UK, while I would remain in Italy. However, she may join me every now and then during the entire stay, or I may join her in the UK – Abhi Dec 17 '19 at 20:38
  • 1
    @Abhi with the residence card, you do not need a short-stay visa if you travel with or to join your spouse. You also should not receive a stamp in your passport when traveling with her or to join her. This could work in your favor if you are ever checked for 90/180 rule compliance, because it won't be possible to determine your dates of entry and exit by looking at your passport. – phoog Dec 17 '19 at 21:32
5

Your short-stay Schengen visa (C-Visa) allows you to stay in the Schengen Area based on the 90/180 days rule and will be checked upon entry and exit of the Schengen Area.

Entry could be refused should they determine that you have overstayed.

A National visa (D-Visa) for a specific country (such as Italy) would be needed to stay longer. Under what conditions such a D-Visa is issued is specific to each country.

|improve this answer|||||
  • 1
    A national D visa is not required, and entry cannot be refused, when traveling with or to join the EEA spouse. A D visa is, however, required for stays exceeding the 90/180 rule when the EEA spouse is not involved in the trip, and entry may be refused if the 90/180 rule has been exceeded and the EEA spouse is not involved in the trip. – phoog Dec 17 '19 at 21:04
  • 1
    Also, the 90/180 rule does not apply when traveling with or to join the EEA spouse, regardless of what the short-stay visa may say. The problem, of course, is that there's no way to count the days reliably in a situation where the spouse was present for part of a visit to the Schengen area. Because of that, in practice, passport control could be complicated, and could go well or poorly. – phoog Dec 17 '19 at 21:13
  • @phoog in that case, if my spouse accompanies me while I am entering and exiting the Schengen region, would it mean that the 90/180 rule would not apply? Even though the rest of the time she may not be with me. – Abhi Dec 17 '19 at 21:17
  • 2
    @Abhi The exception only applies to join or accompany the EEA spouse, which is not your intention. If caught out could bring consequences. You should search for a solution so you can do this based on your own rights. – Mark Johnson Dec 17 '19 at 21:33
  • 1
    @Abhi Based on what you are planning to do in Italy, get a D-Visa from Italy to do that. Then the 90/180 days rule would only apply outside of Italy, without your spouse. – Mark Johnson Dec 17 '19 at 22:03

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.