Schengen entry rules for a UK resident with EU-citizen spouse

Schengen entry rules for a UK resident with EU-citizen spouse - Spacious corridor of modern apartment with mirrored wardrobe

I'm trying to get some clear information on what category I fall under with regards entering the Schengen Area, since the immigration offices I've called have not been very helpful.

I am a Brazilian national (Brazilian passport), married to an Italian woman and living in the UK. I have a UK residence card that says "Family member - EU residence" on the front and under remarks on the back "EU right to reside".

In the past year, I've been traveling alone to the EU quite a bit for personal reasons (mostly The Netherlands). I show my passport at border control, answer a couple questions and get the entry stamp. I've recently realized I might be bumping against the 90 day rule limit and don't want to risk an overstay.

So my questions are:

  • Does the 90 day rule apply to me (when I travel alone), given the 2 documents I possess are a Brazilian passport and a UK residence card?

  • How exactly is the rule applied? Based on my understanding of the rule, the calculator at https://ec.europa.eu/assets/home/visa-calculator/calculator.htm is incorrect, since it only factors in the last 90 days. Edit: this is the calculation I think is incorrect (for planning) https://ibb.co/mv4JG35






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Schengen entry rules for a UK resident with EU-citizen spouse - Interior of contemporary hall with mirrors and wooden shelf against big closet in spacious flat with doors and white walls
Schengen entry rules for a UK resident with EU-citizen spouse - Corridor of modern apartment with doors and mirror
Schengen entry rules for a UK resident with EU-citizen spouse - Interior of corridor with mirror wardrobe



Does spouse of EU citizen need Schengen visa?

As the husband or wife of an EU citizen, you cannot legally stay in the Schengen area without applying for a visa, unless you have some form of residency in the zone.

Can I travel to Europe if my wife is European?

Under EU rules, you have the right to travel together with your core family members (non-EU spouse, children, dependent parents or dependent grandparents) to an EU country other than the one you are a national of. If you have moved to another EU country, they can also join you there.

Does UK spouse need Schengen visa?

If you are travelling to the Schengen area as the spouse of an E.U. citizen, you should apply for the European Spouse Schengen Visa.

Can EU family member travel to Europe without visa after Brexit?

EU , EEA and Swiss citizens can travel to the UK for holidays or short trips without needing a visa. In other cases, find out if you need to apply for a visa to enter the UK . You can cross the UK border using a valid passport which should be valid for the whole time you are in the UK .




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

Images: Max Vakhtbovych, Max Vakhtbovych, Max Vakhtbovych, Max Vakhtbovych