What is the purpose of the EU’s 90/180 days rule that applies in France?
Regulation has taken on more significance for UK residents since Brexit
Rules limit how long people can stay in France
NGCHIYUI/Shutterstock
Reader Question: What is the point of the 90/180 day limits on visitors to the EU? Why can I not spend six months at once?
The 90/180 day rule has been in place in the Schengen area in its current format since 2006 (the zone itself was established in 1995).
The rules – explained here – have been the same since, although for many Britons they came to prominence only after the UK left the EU and its freedom of movement rules, so these restrictions began applying to them.
Note that the rules apply to the Schengen area – which comprises most of the EU with the exception of Ireland and Cyprus (the latter of which must eventually join), as well as a few non-EU countries.
As the creation of the Schengen area largely removed internal borders between countries within it, it was decided that the member countries had to have a standardised baseline policy on how visitors from outside the bloc were treated.
This included how long they were able to stay within the area without requiring ‘long-stay’ national visas.
Read more: France to strengthen border controls for six Schengen countries: what will you need to show?
A ‘long-stay’ is defined as staying in a given country for more than three months.
Certain designated nationalities, for example, Britons, Americans and Canadians, are allowed to come for up to 90 days in any rolling 180-day period in the whole Schengen area.
Read more: What are the income rules for self-employed people coming to France?
How do I stay in France longer that 90 days?
To stay longer, they need to apply for a long-stay visa from an individual Schengen state, (holders of long-stay visas are subject to the 90/180 days rule for visits to other Schengen states outside the host state).
Nationals of countries not on the ‘visa-free’ list need to apply for a short-stay Schengen visa if they want the right to visit under the 90/180 days rule (or a long-stay visa for longer stays).
The 90/180 days short-stay / visa-free limit on travellers is average on the world stage, with relatively few countries offering more than 90 days of visa-free access (although many countries do offer fewer than the Schengen countries).
However, it is less than the UK, which offers up to six months continuously.
To spend six months in France without formalities in any year it is necessary for ‘visa-free’ nationals to split up the time, for example coming for three months, leaving for three, and then coming back for another three.
Legally-speaking, these standardised rules create a baseline and do not prevent a given country from giving easy access to longer stays in its own territory to certain nationals, if they wish, as the French parliament proposed to do last year for Britons with French second homes.
A rule allowing this group a simple ‘automatic’ visa to come for up to six months a year was censored at the last stage by France’s Constitutional Council, but not because it was ruled illegal, but on a technicality.
