90/180 rule for the spouse of an EEA citizen
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?
Best Answer
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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Does the 90 180 rule apply to EU citizens?
What does it affect? The Schengen 90/180-day rule applies to anyone who is not an EEA citizen. As of January 1st 2021, this includes British nationals.How does the 90 180 day rule work?
The 90/180-day rule refers to not spending more than '90 days in any 180-day period' in the Schengen area. This concerns those people entering the area as visitors from third countries whose nationals are exempt from visitor visas (nationals of certain countries may not even visit France without a visa).How long can a spouse of an EU citizen stay in EU?
For how long can an EU citizen and his/her accompanied non-EU Spouse stay in Schengen? If you are wondering how long can an EU citizen stay in Schengen area, the answer is\u2014indefinitely. Spouses of EU citizens who lack residency typically are limited to 90-day stays in the Schengen area.Can Brits stay more than 90 days in the EU if they have a spouse with an EU passport?
If you are accompanying or joining an EU family member in order to live in an EU member state, then this gives you an EU residence right which is not limited to 90 days in any 180-day period (subject to your family member exercising treaty rights in that EU member state).Everything you need to know about the 90/180 rule
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