Are you the Non-EU spouse of an EU citizen? Can this help you avoid the 90/180 day Schengen rule? Find out from #YouTooSpain host #Skatz
If you’d prefer to watch the video, click the pic below
If you like travelling in Europe, you must have heard by now about the infamous 90/180-day rule. But did you know there’s a way you might be exempt? In article, I’ll explain how the rules work for non-EU spouses traveling with or meeting up with their EU partners.
I’ll be quoting official rules, examples from the European Commission’s Practical Handbook for Border Guards, and giving you tips to make your travels stress-free.
What is the 90/180-day rule, and who does it apply to?
The 90/180-day rule allows non-EU citizens to stay in any one of the 29 Schengen Area countries for up to 90 days within any rolling 180-day period.
It’s a limit for short stays, primarily for tourists, business travellers, or visitors. But here’s the key: this rule doesn’t apply in the same way if you’re the non-EU spouse of an EU citizen and traveling with or to meet your partner. That’s where special provisions for family members come into play.
Does the 90/180-day rule apply to non-EU spouses traveling with their EU partner?
According to the European Commission, non-EU spouses traveling with or joining their EU partner are not bound by the 90/180-day rule. The Practical Handbook for Border Guards explicitly states that non-EU family members can stay in a Schengen country for up to three months without being subject to the 90-day limit in the wider Schengen zone.
What happens if you stay in one Schengen country for more than 90 days?
If you plan to stay in a single Schengen country for longer than three months, you should register as a resident under that country’s immigration rules. But, if you don’t want to register, there’s a workaround: simply leave that country before reaching the 90-day mark. You don’t have to leave the Schengen Area—just travel to another country for a short stay, like a weekend getaway. Here’s an example:
Let’s say you and your EU spouse spend three months in Spain. To avoid residency requirements, you can take a short trip to Portugal or France for at least one complete day, that’s midnight to midnight, before returning to Spain. So that really amounts to a two night stay. Keep your hotel receipts, travel tickets, restaurant bills, petrol receipts etc as evidence of your times and dates outside of Spain.
Can you stay in Schengen indefinitely by moving between countries?
Yes, you can! As long as you travel with your EU spouse, you can stay in the Schengen Area beyond 90 days by moving between countries. For instance:
- You and your EU spouse spend three months in Germany.
- Then, you spend two months in Italy, followed by three months in France.
This adds up to eight months in Schengen without breaking any rules. Just remember what I said before, you can’t stay in one country for more than three months at a time without registering as a resident. Although this begs the question, if you’re travelling by road, how does anyone know? There are no internal land borders. So again, keep all of your receipts, it’ll be up to you to prove where you’ve been if you’re challenged. If it’s a long trip and it’s all on spreadsheets with receipts to back it up, all in the correct order, you’ll make someone at border control very happy. And probably quite surprised. Offer them a little cake as well. They like cake!
What happens if the non-EU spouse travels alone?
If the non-EU spouse travels alone—without their EU partner—the 90/180-day rule applies. This means your time in Schengen starts counting as a short stay, and you’ll need to leave once you reach the 90-day limit. For example:
A Japanese citizen married to an Estonian travels alone to Austria for 15 days. Their EU spouse joins them in Portugal for one month. When the EU spouse leaves, the Japanese citizen can remain in Schengen for 75 more days because that month with the spouse didn’t count towards the 90-day limit, only the 15 days when they were on their own.
What documents do you need?
To travel as a non-EU spouse of an EU citizen, you will need:
- A valid passport.
- A Schengen visa, if your nationality requires one. Have a look on the official Schengen website for the list of countries whose citizens aren’t covered by a visa waiver.
- Proof of your relationship, such as a marriage certificate.
If you already hold a residence card issued by a Schengen country, you may not need a visa at all.
How will the new EES and ETIAS systems affect travelling?
Good news! Or is it? Starting soon, allegedly, the ETIAS visa waiver will allow non-EU spouses to link their EU family member’s details to their application. This means smoother processing when crossing borders, that’s the theory. However, until ETIAS is fully operational, the new EES system may flag overstays if you exceed 90 days—even if you’re exempt due to your EU family connection. Be prepared to explain your situation or provide documentation if needed.
Are there any loopholes?
The whole idea of EES and ETIAS is to make it more difficult for nasty people to bypass the laws, so any loopholes should be closed up when the rules tighten. That being said, I’ll be interested to see whether the system can handle the more ambiguous rules, for example, the one about travelling to meet your EU citizen spouse in a country they are a citizen of. You can get round that one by both of you heading to a different Schengen country to meet up for a weekend break, then travelling overland back to the citizen’s country without crossing through border control.
Also, the rules about how long your data is held by the EES say that if you’re the family member accompanying an EU citizen and no exit from Schengen is recorded, your data is automatically erased after a certain length of time. That’s according to the official EU Travel-Europe website.
Summary!
So, as a non-EU spouse traveling with or to meet your EU partner, you can stay in Schengen for extended periods by moving between countries. But remember, always carry the right documents, track your stays, and enjoy exploring Europe! I’d advise you also to get the best Schengen Visa Calculator (see video below) to help you stay within the 90/180 day rule when you’re not travelling with your EU spouse.
If you’ve got something useful or entertaining from this article, scan the QR code and donate what you think it’s worth! It helps YouTooSpain keep on working for you.
Whatever you need to know about moving to Spain or living here, you’ll find very helpful, accurate videos on YouTooSpain, some of them are quite a lot of fun too, and if you can’t find what you need, just ask.
Peace & Love!
Peas & Fluff!
Let’s dance!
Article by Skatz
Videos and links:
What’s the best Schengen Visa Calculator?
What is the 90/180 day rule?
Citizen’s Advice article about Non-EU Spouses of EU citizens
Can my British spouse only visit the EU for 90 days every 180 days now?
Your Europe: Travel Documents for non-EU family members
https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm
Travel in the EU for EU citizens with family members (Thanks to After Brexit in Spain – there are more links on their Facebook group)
https://www.facebook.com/groups/133217347273496/search?q=travelling%20with%20an%20eu%20citizen%2
Questions submitted to ‘Your Europe Advice’ (thanks to After Brexit in Spain)
Data held by the EES:
0 Comments