Reader question: Can French carte de séjour holders spend more than 90 days in another Schengen country?
The EU's '90 day rule' governs how long non-European citizens can spend in the bloc without needing a visa - but does it still apply if you live in an EU country with a residency permit?
The short answer to this question is that it's a bit of a grey area.
Here's the long version . .
90-day rule
You can read full details of how the 90-day rule works HERE but broadly, people covered by it can spend 90-days out of every 180 in an EU or Schengen zone country other than their own without the need for a visa.
It applies to non-EU citizens living in the EU as well, but if you have a long-stay visa or a carte de séjour residency card then your days in France are not counted towards your 90-day total. However as soon as you leave France for another EU or Schegen zone country, the clock begins to tick.
The 90-day total applies to the whole EU/Schengen zone, so if you live in France you cannot spend 85 days in Germany and then go straight to Italy to sample the pasta for a fortnight, as that would exceed your 90-day limit.
The 90-day limit is also intended for visits only, so if you intend to do paid work while in an EU country other than the one you live in, then you may need a visa.
Enforcement
But as people who travel regularly within the Schengen zone will know, passports are not routinely checked at the border - so is this rule really enforced?
For example, how could French authorities really enforce the 90-day rule on someone who has crossed over from Italy for a lengthy visit?
While it seems unlikely that people would be caught they should be aware that while residents of EU countries won't be subject to the same passport checks and stamping as people entering the Bloc, that doesn't mean there are no passport checks.
Controls can still be carried out at Schengen borders if, for example, there is a security alert or border restrictions are tightened due to the pandemic.
You could also be asked to produce your passport while visiting an EU country at a police or security check.
One thing to consider is that if you are found to have spent too long in a country where you do not have residency status or a visa you can face some severe penalties.
You may be fined in the country where you are found to have breached the 90-day rule and even deported. Your passport could also be flagged as an over-stayer which can cause problems for future travel or residency/visa applications.
In a worst case scenario non-EU nationals who stay longer than 90-days without a residence permit or visa could end up with a re-entry ban to the Schengen area.
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The short answer to this question is that it's a bit of a grey area.
Here's the long version . .
90-day rule
You can read full details of how the 90-day rule works HERE but broadly, people covered by it can spend 90-days out of every 180 in an EU or Schengen zone country other than their own without the need for a visa.
It applies to non-EU citizens living in the EU as well, but if you have a long-stay visa or a carte de séjour residency card then your days in France are not counted towards your 90-day total. However as soon as you leave France for another EU or Schegen zone country, the clock begins to tick.
The 90-day total applies to the whole EU/Schengen zone, so if you live in France you cannot spend 85 days in Germany and then go straight to Italy to sample the pasta for a fortnight, as that would exceed your 90-day limit.
The 90-day limit is also intended for visits only, so if you intend to do paid work while in an EU country other than the one you live in, then you may need a visa.
Enforcement
But as people who travel regularly within the Schengen zone will know, passports are not routinely checked at the border - so is this rule really enforced?
For example, how could French authorities really enforce the 90-day rule on someone who has crossed over from Italy for a lengthy visit?
While it seems unlikely that people would be caught they should be aware that while residents of EU countries won't be subject to the same passport checks and stamping as people entering the Bloc, that doesn't mean there are no passport checks.
Controls can still be carried out at Schengen borders if, for example, there is a security alert or border restrictions are tightened due to the pandemic.
You could also be asked to produce your passport while visiting an EU country at a police or security check.
One thing to consider is that if you are found to have spent too long in a country where you do not have residency status or a visa you can face some severe penalties.
You may be fined in the country where you are found to have breached the 90-day rule and even deported. Your passport could also be flagged as an over-stayer which can cause problems for future travel or residency/visa applications.
In a worst case scenario non-EU nationals who stay longer than 90-days without a residence permit or visa could end up with a re-entry ban to the Schengen area.
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