SandyP
Active member
Just a thought
Rules only ever apply when you get caught
Rules only ever apply when you get caught
Schengen Loophole.
- Thread starter goeasy123
- Start date
dunedin
Well-known member
But also....... "if you can't do the time, don't do the crime"
Might not be time in jail, but may be banned from returning, plus hefty fines, if apply evasion rather than avoidance route
st599
Well-known member
They can also deport you, which doesn't normally involve them letting you sail off promising to leave.
nortada
Well-known member
Schengen is about people, not about boats.
It is you, not your boat that has broken the rules so your boat could be removed from the EU by another shipper.
Travelling Westerly
Active member
How's all this going to work for a UK citizen travelling with an EU national (married)?
Everytime you move to another Schengen country every 90 days it will look like the UK national has overstayed their 90 days....
Everytime you move to another Schengen country every 90 days it will look like the UK national has overstayed their 90 days....
greeny
Well-known member
Just as an aside while we're talking about spouses and their passports.
My brother just drove down to Portugal crossing the channel through the tunnel. When they came through French passport control they did not stamp his wife's passport which was S Irish. When he asked them not to stamp his British passport because he was travelling with his wife who was Irish on her Irish passport. The officer asked him where he lived and he said UK England. The officer stamped the passport and said that he could only claim the exemption if he actually lived in S Ireland. Utter bollocks as he and I understand it.
So now he has to cut short his planned extended holiday because he will be over 90 days but his wife can stay.
So is there something he could have, should have done before travelling?
My brother just drove down to Portugal crossing the channel through the tunnel. When they came through French passport control they did not stamp his wife's passport which was S Irish. When he asked them not to stamp his British passport because he was travelling with his wife who was Irish on her Irish passport. The officer asked him where he lived and he said UK England. The officer stamped the passport and said that he could only claim the exemption if he actually lived in S Ireland. Utter bollocks as he and I understand it.
So now he has to cut short his planned extended holiday because he will be over 90 days but his wife can stay.
So is there something he could have, should have done before travelling?
Travelling Westerly
Active member
Umm I'm with you in that it's wrong as I understand it too.
The EU website clearly shows the non EU spouse is allowed the same FOM as the EU national.
What will be interesting is how the system will work when presented with a Brit exercising EU FOM, ie staying in the EU longterm and moving around (with EU partner) every 90 days continually? I'm sure judging from from your border guard experience it's going to be a challenge!
billskip
Well-known member
It doesn't really matter what it looks like, the rules can be confirmed by the government so if someone decides to push the boundaries the way it will be will be decided by the government. Those that try their luck will of course claim ignorance, but it will be no excuse.
billskip
Well-known member
From what I understand anyone staying more than 90days in another country, even eu citizens, should make their presence known to the authorities, when they do this it will clear up the stamp in the passport matter.
Graham376
Well-known member
It has no effect on those of us who have residence, we're not time limited. Whether a UK citizen or an EU one, everyone has to register their presence if in a country > 90 days. As passports shouldn't be stamped when entering country of residence or when transiting via other countries, the only record of our being in Schengen is passport control when entering the first country.
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Travelling Westerly
Active member
Understood
My point/question being we won't be resident if we are moving through Schengen zones every 90 days, ie not staying beyond the 90 limit before requiring registration.
Scenario - check into France, on the 89th day we go to Spain for a few days, get a stamp in passport. Then return to France. Does this reset our 90 days and hence no need for registration /residence application?
Travelling Westerly
Active member
I agree with this. I also wonder if greenys brother issue was lost in translation in that perhaps the border guard meant you can't stay longer than 90 days no matter what/who you are, he just neglected to carry on with after 90 you will need to submit a residence application?
As you say the stamp means nothing when correctly challenged
billskip
Well-known member
Agreed, but if one travelling to Portugal via the tunnel/France how does the French immigration know you are in transit , what proof do you have?
Graham376
Well-known member
Under the married or partnership rules, we can stay indefinitely in country of residence and move freely around the rest of the EU without time limit or passport stamps when moving from one Schengen country to another. As I said above, the only restriction is that whoever you are, you have to register presence if you stay in a country where you're not resident for more than 90 days.
I don't know what happens with a UK citizen without residence travelling with EU citizen.
Travelling Westerly
Active member
Actually re reading this bit confused me. Who's pushing the boundaries and chancing their luck?
If you are an EU national and decide to travel, with your non EU spouse, around Europe visiting different Schengen countries every 90 days then where/how is that pushing boundaries? That's FOM is it not?
Maybe we have crossed lines here?
billskip
Well-known member
As said in ^post ,the French immigration doesn't know if they are being lied to.
You dont have to make resident application after 90 days, you are supposed to make your presence known to the authorities.
Graham376
Well-known member
You present your residence card along with passport and tell them you are in transit. EU rules state they should not stamp your passport but it appears some do anyway.
billskip
Well-known member
It wasn't directed at you or any specific individual, imo some will of course run the gauntlet as they have in the past.
Travelling Westerly
Active member
It's this bit that I'm unsure of as well.
I'm trying to work out the best plan for us.
We are checking into France next month with the intention of spending 6 months straight off, cruising the coast on way to Spain eventually.
Is it worth us both applying for 6 months residence (no fixed address as cruising so may be difficult) or on 89th day go somewhere else for a few days and return to possibly reset the 90 day clock and continue cruising.
billskip
Well-known member
Agreed, but the earlier post said a non resident was travelling with an Irish passport holder(spouse? ) and the non resident was stamped.
I can understand that because there is no guarantee they will transit. If at a later time they continue legally, then I dont see a problem.