Schengen Update 27/01/2019

Good news if you are married to a person who has EU citizenship as all the benefits of EU citizenship apply to you as well.

The details are covered in the Schengen Directive 2004/38 which you can google, however I have copied some of the text below

In one section it says a max of 90 days in each country but you can move from one country to another and then go back to a prior country again

Then further down it says if you are financially self sufficient and have insurance you can stay longer.

Directive 2004/38/EC

European Parliament and Council Directive 2004/38/EC of 29 April 2004 is aboutthe right of citizens of the Union and their family members to move and reside freely within the territory of the EU and EEA member states.

This new directive brings together most of the piecemeal measures found in European law previously. The new measures are designed, among other things, to encourage Union citizens to exercise their right to move and reside freely within Member States, to cut back administrative formalities to the bare essentials, to provide a better definition of the status of family members and to limit the scope for refusing entry or terminating the right of residence. Also it broadens the definition of family to also include non-married partners.

Who is covered by Directive 2004/38/EC?

  • Citizens of an EU or EEA member state who visit, live, study or work in a different member state
  • The EU citizen’s direct family members, including their non-EU spouse and the spouse’s direct family members (such as children)
  • Other family members who are “beneficiaries”, including common law partners, same sex partners, and dependent family members, members of the household, and sick family members
  • Family members (as outlined above), where the EU citizen has worked in another member state and now wishes to return to their “home” country to work [Singh]

Who is NOT covered by Directive 2004/38/EC?

  • If a citizen is living in their home EU member state and has not worked in other EU member state, then this Directive does not apply.  All movement of non-EU family members into the home state is governed by national law.
  • Some old-EU member states have special “transitional” arrangements that curb the ability of citizens of new EU states (Bulgaria and Romania) to move freely for work.  The curbs can be maintained until 2014.  Citizens of new EU member states can however travel without visas throughout Europe, and their non-EU family members can travel freely with them.
  • Citizens of non-EEA countries who are not travelling with or joining family members who are EU/EEA citizen.

What is covered?

  • No-cost, easy, fast issue of visas
  • Easy right to stay for up to 90 days if so desired.  EU citizens and their non-EU family can work if desired in this period, or play.
  • Easy right to stay longer if the EU citizen is working, is a student, or has medical insurance and is self sufficient
  • Permanent residence after 5 years
  • Right of facilitated entry if passports have been lost, or if a visa has not been obtained
  • Applications can only be turned down in three limited circumstances (public health, public policy, national security), or when a marriage is determined to be fraudulent.  Reasons for refusal must be spelled out in detail and there is a right of appeal.
  • EU citizens and their non-EU family members can not legally be treated differently than citizens of their EU host country

What 2004/38/EC means