Will EES affect travel rules for spouses of French citizens?
Spouses have additional rights to remain in the EU
Freedom of movement rules are different for spouses of EU citizens
Savvapanf Photo / Shutterstock
Reader Question: I am the UK husband of a French wife. Current rules mean I can travel for more than 90 days in the Schengen area, but will this be impacted by the new EES? How will border guards know I am exempt from the rules?
You are right that spouses of EU citizens have specific rights to remain in the EU – stated in Directive 2004/38/EC relating to EU free movement – but should, nonetheless, be careful about spending too much time in one country.
As a reminder, the spouse of an EU citizen is not affected by the 90/180 day limit for non-EU travellers without a visa/residency card, provided they are accompanying them outside of the country of their spouse’s nationality.
However, national visa/residency rules apply with regard to the country the spouse is from, as no ‘EU free movement’ is involved in that case.
For example, the UK husband of a French wife cannot spend more than three consecutive months in France without a valid visa to do so.
However, in addition, a three-month limit on staying in the same country without a valid residency permit or visa is also standard throughout the bloc, even if it can be harder for authorities to trace this once you are inside the Schengen area.
If you plan to spend more than three consecutive months in the same EU country, you should inform authorities, and you may need a visa specific to that country to remain longer.
Read more: Can I travel freely in the EU as the spouse of an EU citizen?
Travelling after EES
The incoming Entry/Exit System (EES) will collect data of people travelling into the Schengen area.
Upon a traveller’s first entry into the bloc, details will be taken including a facial photo and fingerprint scans, and stored in a database alongside the person’s passport information.
Read more: App to ease new EES border control checks is now ready - how it will work
Once it is in place, the rules for a non-EU spouse travelling with their EU spouse in the Schengen area will vary depending on whether the couple live in France (or another Schengen country) or not.
Nothing will change for couples who already live in France / the Schengen area, as EES will only come into play at external Schengen borders (ie. when you exit or enter the area).
Mixed nationality couples visiting the EU
As for couples who are merely visiting the area, for example a French and British couple who live in the UK coming into France for a holiday, the issue is more complex.
The official EU website for the scheme states that close family members (spouses and children) of EU citizens that do not have a residency permit or visa to remain in the Schengen area will also have their data collected.
However, where they are accompanying their spouse under ‘EU free movement’ rules, they will be subject to “reduced data retention” regarding how long this information is kept and they will not have an automatic 90/180 day calculator applied to their profile.
The EU says, however, that if a non-EU spouse is merely coming to their spouse’s country of nationality with them, they will be entered into the EES as a ‘regular traveller’ and will have the automatic calculator applied.
It is currently unclear how an individual benefiting from ‘free movement’ rules will need to provide this information during their first time entering the bloc after the EES is in force. It is likely that they will need to explain this to the border guard, to have the information added to their database entry.
As for a non-EU spouse accompanying a French national on a visit to France and then subsequently to other EU countries - for a stay that will total more than 90 days - it would also be advisable to explain your plans to the guard on entry.
If necessary, you may need to also explain on exit that you have been travelling in the EU under free movement rights and have not remained in France for more than three months.
We have asked the European Commission for any further clarification on this point.
Read more: Biometric border checks: what questions will be asked to enter France?
Proof of marriage advised
It appears therefore that spouses of EU citizens will in general be able to travel for more than 90 days in the bloc, with the information system making a note of the spousal rights held through a partner.
However, people may still face issues with border guards – including at internal checkpoints between Schengen Area countries.
In this case, it will likely be a good idea to have proof of marriage at hand that you can show to prove the conditions apply to yourself.
Other Connexion readers in the same situation have told us prior to the implementation of EES they have travelled with a copy of the Directive 2004/38/EC to prevent any issues when crossing external and internal borders.
