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
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    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
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    @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

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.

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    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
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    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
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    @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
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    @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

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