Formalities for an American spouse of an EU national staying in France for 4 months annually
My father is an EU/US dual national. My mother, his wife, is a US citizen (only). They are retired, both over 65. They are financially comfortable and own a small residence in France, which they generally visit for 4 months every summer. My father is not a citizen of France.
My research (primarily on http://vosdroits.service-public.fr/) indicates that for my mother to stay in France for longer than 90 days, she is supposed to apply for a carte de séjour. This application can take up to six months, which means that she will quite possibly have left France by the time the card is ready.
The carte de séjour seems to be intended for people who want to reside in France permanently. There seems to be a gap in the law for temporary stays that are longer than 90 days. My mother does not want to apply for a carte de séjour for a few reasons, the primary one being that she does not want to establish a permanent residence in France. Another important reason is that she would then need to get a French driver's license, which is burdensome, and which seems like an unusual requirement given that she spends 2/3 of her time in the US. (See http://www.ambafrance-us.org/spip.php?article376.)
The main question, then, is: what documents must a non-EU family member of an EU citizen obtain in order to remain with that person in France for a temporary stay of longer than 90 days, or, alternatively, for regularly visiting France only 1/3 of the year without establishing residency?
Another way of asking that question might be: Is it really necessary for the non-EU family member of an EU citizen to obtain a carte de séjour in order to stay in France for 91 days (or 120 days, or what have you)?
I have some related questions as well, which I may ask separately.
I understand that residence-related questions belong on expats; I am posting this here because the intention is to avoid establishing residence.
EDIT
I noticed that the EU directive states:
Article 11
Validity of the residence card
- The residence card provided for by Article 10(1) shall be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen, if this period is less than five years.
- The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.
However, http://vosdroits.service-public.fr/particuliers/F19315.xhtml states:
La carte a une durée de validité d'1 an minimum et 5 ans maximum et est renouvelable.
Translation:
The card is valid for a minimum of 1 year and a maximum of 5 years, and may be renewed.
Best Answer
I am not sure why Relaxed writes that a 'visa de long séjour valant titre de séjour' is not applicable in this case, since it covers exactly the situation you describe.
For stays longer than 90 days, the Schengen regulations define two possibilites:
A national long-term visa (French: visa de long séjour valant titre de séjour) which in most cases must be issued abroad before travel to France and allows a stay in the issuing country for a period of more than three and up to twelve months.
A national residence permit (French: carte de séjour), which is valid for 12 months or longer. To obtain such a residence permit, you are in most cases required to enter the Schengen area with a long-term visa. Visitors with a short-term visa or persons staying in the Schengen area as non-visa nationals are usually not allowed to apply for residence permits from within the country.
Even if both documents allow long-term stay only in the issuing country, you are allowed short-term visits to other Schengen countries with basically the same rights as the citizens of the issuing country.
A long-term visa for spouses of French citizens is issued free of charge, but at least in the US, you have to apply in person at a consulate. You must provide a nice bunch of documentation and the processing time is said to be about 10-15 days. If you include a return envelope with your application, the consulate will mail you the passport with an affixed visa, you don't have to pick it up in person. The French consulate in Washington has a detailed description of the application process and links to services to find the appropriate consulate (depending on your state of residence) and an online tool to make appointments for the application interview.
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Can I stay in France for 4 months?
For any stay in France exceeding 90 days, you are required to apply in advance for a long-stay vis. In this instance your nationality does not exempt you from requirements. Whatever the duration of your planned stay, the duration of your long-stay visa must be between three months and one year.Can I live in France if I am married to an EU citizen?
EU law gives a foreign (eg. British in your cases) spouse or other close foreign family members of an EU citizen the right to come to France visa-free with them, whether for a temporary stay of more than three months or a change of country.Can I stay in France if I get married?
As you are married to a French citizen, you should request the Marriage Long Stay Visa, called Visa de Long S\xe9jour (VLS) valant Titre de S\xe9jour (TS) \u201cVie Priv\xe9e et Familiale\u201d also called \u201cpour \xe9poux de Fran\xe7ais\u201d. The visa D authorises you to enter France and remain for more than 3 months and up to one year maximum.How many months can an American stay in France?
You are allowed to travel to France and to all other members of the Schengen Area for up to 90 days for tourist or business purposes without a visa, as long as your U.S. passport is valid for at least 3 months after your planned return to the United States!HOW TO STAY IN FRANCE FOREVER
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