Australian citizen married to UK citizen both living in Australia

My question is specific to visiting France. I (Australian citizen) and my dual nationality (UK/Australian) husband, both resident in Australia, want to spend more than 3 months in France next year. Can I enter France without a long-stay visa because my husband is UK citizen? I have looked at the requirements for a long-stay visa and can fulfill them all except the one about having proof of accommodation for the duration our stay so would rather avoid going down the visa path.

Best Answer

Yes. As long as the UK remains in the EU (or, more precisely, as long as it continues to participate in the EU freedom of movement scheme), you do not need a long-stay visa. In fact, if my parents' experience is any guide, the consulate will refuse to issue you a long-stay visa. (My parents are both US citizens, and my father is also a Dutch citizen.)

Strictly speaking, if you're staying for longer than 90 days, you are supposed to apply for a carte de séjour de membre de famille d'un citoyen de l'union, but practically speaking, if you are not planning to stay in the same place in France, or if you're not going to be in France for longer than 6 months or so, this will be more trouble than it is worth. The penalty for not applying for one within 90 days of arrival is that your subsequent application costs €340 instead of being free. However, if you make no subsequent application, you won't have to pay the €340. If they find you out as you're leaving the country, they can't very well force you to apply for a carte de séjour.

That has been my parents' experience. They have stayed for longer than 3 months in France almost every summer for the last few decades, and they've never had a problem beyond a few wrinkled eyebrows at exit control. Once the border officers realize that they are married, they stamp my mother out and that's the end of it.

Recommendations:

Bring proof of your marriage, such as a marriage certificate.
Use the "EU/EEA/CH passports" lane and approach the desk together. You, as the spouse of an EU citizen, traveling with him, are a "person enjoying the right of free movement" under EU law, and as such you are entitled to use the "EU/EEA/CH passports" lane even though you don't hold such a passport.

References:

Information from France on the carte de séjour de membre de famille d'un citoyen de l'union: https://www.service-public.fr/particuliers/vosdroits/F21830
Schengen Borders Code: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32016R0399
Free movement directive: http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1474594790141&uri=CELEX:02004L0038-20110616

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Can you have dual British and Australian citizenship?

Both Australia and the United Kingdom allow Dual Nationality. This means that a person can hold nationality (and the passport) of both countries.

Are you an Australian citizen if you marry an Australian?

If you've married an Australian citizen but are not one yourself, you still have to apply for Australian citizenship. The Department of Home Affairs has information on: temporary partner visas, which let you live, work and study in Australia while your permanent partner visa is being processed.

Do I need to register my marriage in Australia if married abroad?

Overseas marriages cannot be registered in Australia. However, the marriage will usually be legally recognised in Australia, if: it's legally recognised in the country you were married. it would be considered legal if the marriage had taken place in Australia.

Is a UK marriage Recognised in Australia?

Recognition of overseas marriages While a marriage that takes place overseas can't be registered in Australia, it will generally be recognised if: It's recognised under the law of the country where the marriage took place. Both parties are at least 18 years of age.

Obtaining Australian Partner Visa - Marrying Australian Citizen

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