Can EU citizens 'border-hop' between Schengen countries to prolong their 90-day maximum stay? [closed]
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The European Commission states that EU citizens have the right to reside on the territory of another country "for up to three months without any conditions other than the requirement to hold a valid identity card or passport". Importantly, there is no requirement to register with the local authorities for a residence permit.
Unfortunately, it is not stated how you would count the period of three months or in another words when it would reset. For non-EU residents' Schengen visa, the '90 days in any given 180 days' rule is clear. However, I'm not finding any such rule for the 90-day maximum that applies to EU citizens.
A few examples: - Can a EU citizen alternate between two countries indefinitely with no conditions (e.g. stay in Schengen country A for 90 days, then 90 days in Schengen country B, rinse and repeat)? - Can a EU citizen stay 90 days in Schengen country A, move to Schengen country B for a weekend trip, then stay in Schengen country A again? How often could they do that in a given year?
Best Answer
The freedom of movement rules are promulgated as a directive which means it is up to each member state to flesh them out in its own laws.
As such, it differs considerably between member states which registration requirements they impose on EU/EEA citizens -- and where they do, they don't have to use the same detailed criteria for when the registration requirement kicks in.
Importantly, individual citizens don't usually get to interpret the directive by themselves -- the national law is what the national law is, and to the extent that doesn't match the directive it is up to the European Commission to (try to) force the relevant government into compliance.
It seems very unlikely that the Commission would bother to quibble about each member state's exact rules for how to determine when a new 3-month residence period starts, unless those rules look like an attempt to circumvent the intent of the directive. All a citizen can reasonably rely on without actually researching the national law in question is that he won't have to figure out where and how to register as long as his circumstances match the usual case where he stays for no more than three months, and then leaves and doesn't return (other than under obviously "not actually living there" circumstances) for a long period of time compared to those three months.
In practice, a member state's enforcement of its registration rules will not be based on border crossings specifically, but on other kinds of case-by-case evidence that the person in question has been living in the country for so long that he needs to register.
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Does EU citizenship circumvent 90 day rule?
Citizens who are EU nationals can travel within the area visa-free and with no restrictions on the amount of time they spend in each country. Non-EEA nationals can travel to Schengen without a visa, but they cannot stay for longer than 90 days in 180.How do you get around the 90 day rule Schengen?
Well, you can tour around different Schengen member states like France, Spain, or Germany and by the time you hit your 90-day limit, go and hop over to a non-Schengen European country like Croatia, UK, North Macedonia, or Turkey to wait until you hit the 181st day so that you can come back to the Schengen Area again.Can I stay longer than 90 days in EU?
If you're a tourist, you do not need a visa for short trips to EU countries, Switzerland, Norway, Iceland or Liechtenstein. You can stay for up to 90 days in any 180-day period.Can you stay in Europe for more than 3 months after Brexit?
Now that the UK is outside the EU, British passport holders can stay for a maximum of 90 days per 180-day period. UK passport holders can cross an external EU border using just a valid passport and stay anywhere in the Schengen Area for up to 3 months.Rights of EU Citizens (That Many Somehow Don't know!)
More answers regarding can EU citizens 'border-hop' between Schengen countries to prolong their 90-day maximum stay? [closed]
Answer 2
Yes, they can, indefinitely. However, the penalty for staying longer than three months without registering (not "90 days") must be proportional to the penalty imposed upon a country's own citizens for not registering. In particular, they cannot be deported. In most countries this is a fine; in others there's no penalty at all. There seems to be no rule about how long an absence is required to interrupt the three-month period because it's not particularly important to determine that except to defend against a penalty.
The controlling legislation is directive 2004/38/EC.
Answer 3
EU/EFTA countries except Switzerland
This rule is extremely flawed altogether: as Schengen countries don't record movements between them (even when internal border checks do take place, most commonly when entering Sweden or Switzerland by bus), there's no way to track someone's presence in one member state vs. another.
Furthermore, an EU/Schengen citizen cannot be deported or banned from these countries unless they pose a proven health or security risk. And even if they are, keeping a Schengen citizen out of another Schengen country will be nigh impossible in practice, again because of the largely open borders.
Thus, the actual question is moot: not only is the issue not addressed in legislation with regards to EU/EFTA citizens, but even if it were it would be virtually impossible to enforce (just as with the 90/180 rule for residence permit holders).
Switzerland
For EU/EFTA citizens, a residence permit must be obtained for stays longer than 90 days within 180 days. Failure to comply with this can lead to hefty fines. Again, however, entries and exits are not recorded, even when entering/exiting Schengen through a Swiss airport, and so this is hard to enforce, although I have been subject to a raid by municipal police in my apartment complex, whereby my ID card and residence permit were briefly taken for verification.
Answer 4
As @phoog says, yes, you can do that.
And contrary to what it seems to be at the first glance, the country you repeatedly enter may be totally fine with this: Remember that for the 90 day period in country B (unless you register) your country of residence A basically stays responsible wrt. social insurance.
E.g. if I being German with previous residence in Germany go to Italy and within the 90 day period need to go to the doctor, the German health insurance will be responsible to pay to the extent the Italian health insurance would pay if had residenza (and health insurance) there.
Of course, the German health insurance will make me pay their fees for this - and they would be in a very unpleasant category (default fee is about 800 €/month) if I didn't register correctly with the German health insurance.
In other words, not registering may turn out to be rather more expensive than registering. This is even more if I'd then start working in Italy: I'd automatically pay taxes, including health insurance. But without registering I wouldn't get the health insurance benefits from Italy, and without the form from the Italian health insurance saying I'm registered there, the German health insurance will not let me get out of that very expensive category and will go on sending bills (and if you don't pay them, they won't forget or forgive that, neither). So in case of the employment contract without registering residence, I'd pay twice.
Of course, if you move the other way round, you may get German health care for, say, the Italian taxes you still pay. Germany doesn't care as Italy has to pay for that. However, Italy may start asking questions after a while (e.g. the tax office may have a questionnaire to determine where the "center of your life" is).
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