Staying in Schengen more than 90 days

JnSRoaming replied on 10/07/2023 16:22

Posted on 10/07/2023 16:22

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?

DavidKlyne replied on 10/07/2023 17:06

Posted on 10/07/2023 17:06

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 replied on 10/07/2023 17:37

Posted on 10/07/2023 17:37

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 replied on 10/07/2023 17:42

Posted on 10/07/2023 17:42

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 replied on 10/07/2023 18:37

Posted on 10/07/2023 17:06 by DavidKlyne

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

Posted on 10/07/2023 18:37

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 replied on 10/07/2023 19:12

Posted on 10/07/2023 17:37 by KjellNN

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.

Posted on 10/07/2023 19:12

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 replied on 10/07/2023 19:16

Posted on 10/07/2023 17:42 by eurortraveller

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,

Posted on 10/07/2023 19:16

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 replied on 10/07/2023 20:50

Posted on 10/07/2023 20:50

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 replied on 10/07/2023 20:54

Posted on 10/07/2023 18:37 by JnSRoaming

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! 

Posted on 10/07/2023 20:54

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 replied on 11/07/2023 07:04

Posted on 10/07/2023 20:54 by Lutz

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.

Posted on 11/07/2023 07:04

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

JnSRoaming replied on 11/07/2023 07:57

Posted on 10/07/2023 17:42 by eurortraveller

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,

Posted on 11/07/2023 07:57

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.

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