Question about Schengen

[Travelwanted]

DW was born in Europe and will soon have her EU passport. The Schengen limitation of staying 3 of 6 months will no longer apply to her clearly.

My question is how will that impact me and our kids, who do not and will not have EU passports?

Thank you

 

[Meadbh]

Let me Google that for you:

https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

 

[Travelwanted]

Let me Google that for you:

https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

Thanks Meadbh.

I did google it also before posting.

It still does not seem to provide a direct answer and that is why I posted. I know we can get into the countries, the question is how long can we stay.

 

[Alan]

No visa is required for US passport holders to visit Schengen countries for up to 90 days. I don’t believe accompanying a family member who has an EU passport changes those rules. You can check with a US embassy or consulate in one those countries as I may be wrong.

 

[Dd852]

If you are American and she is EU, you enter as a visitor still until or unless she applies for you formally to join her as a resident (if she resumes her residency in the EU). So the limit remains 90 days in any 180. There’s no automatic “Hi we’re married - let me stay” For that she has to apply for you.

 

[cathy63]

This page says you can stay for 90 days then you have to apply for a residence card, which is good for a maximum of 5 years.
https://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-residence-card/index_en.htm

After 5 years, you must apply for permanent resident status. https://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-permanent-residence/index_en.htm

 

[Dd852]

Here is the Irish requirement, just FYI since it is in English. http://www.inis.gov.ie/en/INIS/Pages/wp07000024

 

[Travelwanted]

This page says you can stay for 90 days then you have to apply for a residence card, which is good for a maximum of 5 years.
https://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-residence-card/index_en.htm

After 5 years, you must apply for permanent resident status. https://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-permanent-residence/index_en.htm

Thanks Alan, Dd and cathy. That is what I was thinking but needed to confirm it somewhere.

 

[Meadbh]

Here is the Irish requirement, just FYI since it is in English. Spouse or civil partner of an Irish national

Except that Ireland is not part of the Schengen area. The reason is that Ireland and Britain have a “special relationship” which they wanted to maintain.

It would be helpful to know which EU country is being discussed. But the bottom line is that relatives of EU citizens have no automatic right to stay.

 

[Dd852]

Of course - sorry my bad. I was looking for English language regulations but the general point remains

 

[Dd852]

This is a more appropriate document https://ec.europa.eu/home-affairs/what-we-do/policies/legal-migration/family-reunification_en

 

[audreyh1]

I know my brother had to apply for residency when he moved to Amsterdam with his wife, so I don’t think there are any special rules for children and spouses for longer stays. Other than being family makes it highly likely residency will be granted.

 

[Travelwanted]

I know my brother had to apply for residency when he moved to Amsterdam with his wife, so I don’t think there are any special rules for children and spouses for longer stays. Other than being family makes it highly likely residency will be granted.

Exactly Audrey. And it also appears the application is a bit easier per Cathy's link. Less documentation.

I know we considered Spain but the application for a non-lucrative visa is a PITA apparently. With an EU spouse, application with marriage certificate is all that is needed for a residence card. That entitles you to travel (but not live) anywhere in the EU.

 

[Meadbh]

If you think that is irksome, just try moving to the USA.

 

[Euroland]

If your partner is an EU citizen, you have the same rights as they do. They can not kick you out. If you're living in an EU country, the citizen has to register for residencia (we are in Spain) and then the spouse files for the non EU family members. The ID is good for 5 years as opposed to 2 for the other types of visa. If the EU member is not working, you still have to have sufficient funds in the bank, private insurance and a year lease minimum. When l traveled with my Italian husband before getting residencia, you just hand them both passports and was good to go (did carry my marriage certificate as l still use my maiden name) but no one ever asked.

 

[omni550]

If your partner is an EU citizen, you have the same rights as they do. They can not kick you out. If you're living in an EU country, the citizen has to register for residencia (we are in Spain) and then the spouse files for the non EU family members. The ID is good for 5 years as opposed to 2 for the other types of visa. If the EU member is not working, you still have to have sufficient funds in the bank, private insurance and a year lease minimum. When l traveled with my Italian husband before getting residencia, you just hand them both passports and was good to go (did carry my marriage certificate as l still use my maiden name) but no one ever asked.

With an EU passport, is there any difficulty in obtaining resident status in any EU country? What would be required?

omni

 

[Euroland]

With an EU passport, is there any difficulty in obtaining resident status in any EU country? What would be required?

omni

Not difficult really. You can move to any EU country. If you have work permit, you need to get registered with the company etc..etc.. If you are self sufficient, you need to have what l listed before..the funds differ. In Malta, we had to show $18,000 but someone said they raised it and it didn't have to be in a Maltese bank. Spain is 12,000 for a couple and 6 for each kid and has to be in a Spanish bank. They want to see last 3 months with outgoing for regular stuff like groceries etc and your private insurance with zero copay (must) with the receipt from last payment. Form filled and fee of like 13 euro per. Once the EU person has theirs, you can make appointments for everyone else. The sucky part is not being able to read whatever language the country has so good idea to get a translator/gestor.

 

[Euroland]

Not difficult really. You can move to any EU country. If you have work permit, you need to get registered with the company etc..etc.. If you are self sufficient, you need to have what l listed before..the funds differ. In Malta, we had to show $18,000 but someone said they raised it and it didn't have to be in a Maltese bank. Spain is 12,000 for a couple and 6 for each kid and has to be in a Spanish bank. They want to see last 3 months with outgoing for regular stuff like groceries etc and your private insurance with zero copay (must) with the receipt from last payment. Form filled and fee of like 13 euro per. Once the EU person has theirs, you can make appointments for everyone else. The sucky part is not being able to read whatever language the country has so good idea to get a translator/gestor.

Sorry..forgot to say that you also need your wedding certificate apostille and translated.

 

[omni550]

Sorry..forgot to say that you also need your wedding certificate apostille and translated.

What if I am single with an EU passport?

 

[Meadbh]

What if I am single with an EU passport?

If you are an EU citizen with an EU passport, you are entitled to live anywhere in the EU. However, Britain is a special case as they are leaving and details have not been worked out. But it’s fairly certain that if your EU passport is other than British and you want to move there after 2019, you would probably not be welcome.

 

[Euroland]

What if I am single with an EU passport?

Same rules but l assume the funds would be half.

 

[justlikebike]

One thing I would suggest (won't help you this time) and not sure if Americans get the same deal(I'm Canadian). I applied for Italian citizenship though marriage. My DW has dual citizenship. It took a while(2+ years) and is much quicker to get if you are in Italy, but you are opening many doors for you and your children by having dual citizenship with the Schengen Zone.

 

[Euroland]

One thing I would suggest (won't help you this time) and not sure if Americans get the same deal(I'm Canadian). I applied for Italian citizenship though marriage. My DW has dual citizenship. It took a while(2+ years) and is much quicker to get if you are in Italy, but you are opening many doors for you and your children by having dual citizenship with the Schengen Zone.

It is. 10 years later and l am finally getting around to it. It sounds like a PITA because l need police clearance from many states which require fingerprints but it looks like l may be able to have them done here and sent to the states. I don't want to travel just for that. You're right, it would definitely make things easier.