90/180 rule Polish / British citizen

90/180 rule Polish / British citizen - Crop unrecognizable person demonstrating British passport

Someone who holds two passports - Polish and British - and who lives permanently in the UK wants to stay in Poland for longer than 90 out of 180 days. Would the 90/180 rule apply?



Best Answer

No, if you are a Polish citizen, you can stay in Poland for as long as you want. Having ever been or lived there before, other citizenships, where you reside now, the purpose of your trip, your financial situation, even actually holding the passport (the document) do not change that.




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Can a UK citizen stay longer than 90 days in the EU?

The Schengen law states that you can't stay in the Area for more than 90 days. If you do, you're subject to a fine and possibly deportation and being banned from re-entering the Schengen Area.

What does 90 days in any 180-day period mean?

What is the Schengen 90/180 rule? Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you've used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed.

How many days can I spend in Europe after Brexit?

You can stay for up to 90 days in any 180-day period. If you visit more than one of these countries within a 180-day period, check that you do not spend more than 90 days in total across all the countries you visit.

Can I live in Europe after Brexit?

You can still stay in one or more EU member states for up to 90 days of any 180-day period without much trouble, but if you want to move abroad to Europe, you may need a visa. To secure a visa, you'll have to comply with the specific requirements of the country you've chosen to call your new home.



What is the 90 180 Day Rule? What does it mean to visitors to Spain?




More answers regarding 90/180 rule Polish / British citizen

Answer 2

There are two different issues here:

  • Not breaking the law.
    An UK/Polish dual citizen can stay in the EU without time limit. (There are rules how other EU states can deny entry, but they have nothing to do with overstaying. Threats to public order or public health, for example.)
  • Not giving the appearance of having broken the law.
    An UK/Polish dual citizen who travels on the UK passport and stays longer than permitted for an UK citizen has given the appearance of an overstay. That can be resolved by showing the Polish citizenship e.g. by presenting the Polish passport, but that passport might not be readily available in the scenario described here.
    Entering on one passport and leaving on another gives confused documentation.
    Again, not illegal at all, but it might raise questions which have to be answered by showing the other document as well.

So the easy option is to enter the EU on the EU passport and the UK on the UK passport at all times. The other option is legal as well, but it might cost time later on.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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