Length of stay as tourist in another European country, as Schengen/EU/EEA citizen

Length of stay as tourist in another European country, as Schengen/EU/EEA citizen - Flat Bottom Boat On Water

I am a Schengen (and EU/EEA) citizen, and I am taking a sabbatical. I would like to travel across Europe and I was wondering how long I can stay in each of the other Schengen/EU/EEA country as a tourist (i.e. without being considered a resident).

I will not work in any of the countries I'll visit, the only thing is I do not want to have to register as a resident (e.g. get an Anmeldungbescheinigung in Germany) or fulfill any duty specific to residents.

I a priori do not expect to stay for longer than 90 days in any of the countries I will visit, but it might happen. I know inside Schengen there is no passport stamp so no real proof (beside train tickets) that I have stayed longer, but I prefer to comply with the laws.

I am hoping there is a general rule applying to all Schengen (or EU/EEA) countries, but in case it is specific, I am a French citizen and I intend to visit Germany for a long time.

EDIT: I am interested in rules regarding any of the European areas Schengen/EU/EEA, depending on which applies.



Best Answer

The key limit is three months. It has nothing to do with Schengen but is part of general EU law. As such, it also applies outside the Schengen area (i.e. to the UK, Ireland, Romania, Bulgaria, Cyprus, Croatia – and to Switzerland through a distinct agreement that was implemented even before the country became part of the Schengen area).

Even in countries where there is no special formality to register yourself, stays longer than 3 months do not follow the same rules. You have a very strong right to travel for tourism and to stay for less than 3 months but no unconditional right to stay elsewhere in the EU for longer than 3 months (see this answer to another question for the legal basis for this distinction).

In most places, you don't need to do anything for short stays but even though it gives you the right to visit other countries, EU law does not strictly forbid requirements to report your presence, even if you don't intend to become a resident. Europa.eu provides practical information on this but even this site (based on information submitted by the member states themselves) is incomplete and at times vague so it's difficult to know exactly what the requirements are country by country.

Also note that residence is often defined by intent and by other factors like the location of the “center of your interests” (income, property, family…). So residency does not necessarily start after the first three months have elapsed nor does it depend solely on the length of stay.

For example, if you sell your house in France, move your stuff to Germany and rent a flat there, then you are required to register within a week or two of moving in your new home, even if you are careful to never spend more than three months in the country. On the other hand, if you have a house in France and stay at a hotel in Germany for two months, you will probably not be considered a resident.

If you would do the same the other way around (i.e. move to France), you would not be required to register at all (because that's not necessary in France in the first place) but you would still be deemed a resident from the date you actually entered the country (and could e.g. have to pay taxes based on that).




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How long can an EU citizen stay in another EU country?

As an EU citizen, you have the right to move to any EU country to live, work, study, look for a job or retire. You can stay in another EU country for up to 3 months without registering there but you may need to report your presence. The only requirement is to hold a valid national identity card or passport.

How long do you have to stay out of the Schengen area?

For example, France has a bilateral agreement that allows U.S. citizens to stay an additional 90 days beyond the Schengen limit. You can enter from any Schengen country, stay 90 days in France, and then fly home. But the catch is you have to go home \u2014 you can't go elsewhere.

What is the 90 day rule for visiting Europe?

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.

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.



THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV




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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