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VISAS

Reader question: Can French carte de séjour holders spend more than 90 days in another Schengen country?

The EU's '90 day rule' governs how long non-European citizens can spend in the bloc without needing a visa - but does it still apply if you live in an EU country with a residency permit?

Published: 21 January 2021 13:10 CET
Updated: 18 July 2023 10:44 CEST
Reader question: Can French carte de séjour holders spend more than 90 days in another Schengen country?
Photo: AFP

The short answer to this question is that it’s a bit of a grey area.

Here’s the long version . .

90-day rule

You can read full details of how the 90-day rule works HERE but broadly, people covered by it can spend 90-days out of every 180 in an EU or Schengen zone country other than their own without the need for a visa.

It applies to non-EU citizens living in the EU as well, but if you have a long-stay visa or a carte de séjour residency card then your days in France are not counted towards your 90-day total. However as soon as you leave France for another EU or Schegen zone country, the clock begins to tick.

The 90-day total applies to the whole EU/Schengen zone, so if you live in France you cannot spend 85 days in Germany and then go straight to Italy to sample the pasta for a fortnight, as that would exceed your 90-day limit. 

The 90-day limit is also intended for visits only, so if you intend to do paid work while in an EU country other than the one you live in, then you may need a visa.

Enforcement

But as people who travel regularly within the Schengen zone will know, passports are not routinely checked at the border – so is this rule really enforced?

For example, how could French authorities really enforce the 90-day rule on someone who has crossed over from Italy for a lengthy visit?

While it seems unlikely that people would be caught they should be aware that while residents of EU countries won’t be subject to the same passport checks and stamping as people entering the Bloc, that doesn’t mean there are no passport checks.

Controls can still be carried out at Schengen borders if, for example, there is a security alert or border restrictions are tightened due to the pandemic.

You could also be asked to produce your passport while visiting an EU country at a police or security check.

One thing to consider is that if you are found to have spent too long in a country where you do not have residency status or a visa you can face some severe penalties.

You may be fined in the country where you are found to have breached the 90-day rule and even deported. Your passport could also be flagged as an over-stayer which can cause problems for future travel or residency/visa applications.

In a worst case scenario non-EU nationals who stay longer than 90-days without a residence permit or visa could end up with a re-entry ban to the Schengen area.

Member comments

  1. There are no borders so if you are driving within EU countries and are staying with friends or family how would the authorities know.

  2. If you were driving from France to Italy for example, with French plates, who is going to know if you are British. If you have a French ID card, you could show that if asked.

  3. Note that there are some work arounds for the 90/180 rule, at least for Australians and New Zealanders. In both these cases, there are bilateral agreements on visa waivers predating Schengen. For example, an Australian can spend 90 days in Germany (only Germany), then travel to a non Schengen country for a single day, then return to Germany for a new 90 day period (https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662). This is entirely separate to the 90/180 requirement. I remember reading that a Kiwi managed to use these bilateral agreements to stay in Schengen countries for well over three years. However, seek confirmation from the relevant embassies before using these agreements- not unusual for the border officials to not have a clue

  4. I am a dual passport holder, US/British, and also have permanent residency in the Netherlands (with the ID) where I have lived for years. I like to spend chunks of time in Spain, and am very curious how things are going to work, if there will be any change in passport control within the Schengen Zone and how they would monitor the 90 day rule when passports are not checked. For example, since I am already living with Schengen, my passports will never be stamped on arrival in the Netherlands, and I assume when I land in Spain from another Schengen country there is no change? I am aware they may randomly check, especially for British passport holders, but could I not switch off sometime with my US passport or simply show my residency card from the Netherlands if asked? A bit confused how things are going to work in practice, if anyone knows if there are any changed to passport control within Schengen, that would be helpful to know.

  5. I got into a bit of trouble leaving Spain, a while back, as I was travelling on a NZ passport, but there had been no one to stamp it when I entered the EU (in France). It’ll be interesting to see how that plays out.

  6. Your passport could also be flagged as an over-stayer which can cause problems for future travel or residency/visa applications…BUT the Spanish passport authorities at Malaga Airport refuse to give an exit stamp if you are heading for another EU country …. Are you certain, absolutely certain your interpretation of the rule is correct and is it true that the new electronic system does NOT count days?

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For members

LIVING IN FRANCE

Reader question: Will I need to do a French ‘integration’ class to renew my carte de séjour?

France's new immigration law contains extra provisions for 'integration' - including promising to adhere to French values and attending classes on French history and culture. Here's what they mean for foreigners in France.

Published: 19 April 2024 17:23 CEST
Reader question: Will I need to do a French 'integration' class to renew my carte de séjour?

Question: I read that France will now be requiring foreigners to sign a contract promising to respect French values, and to take civics classes – does that mean I will have to do that when I next renew my carte de séjour?

The short answer to this is – maybe, it depends on the type of card you have and what change you’re hoping to make.

Here’s the longer answer;

France’s new immigration law, passed back in January, brought in three main changes for foreigners in France – language tests, a contract promising to ‘respect the values of the French republic’ and expanded classes in civics (French culture, history and values).

Language tests

Undoubtedly the biggest change for most people is the language tests – we have covered this topic extensively HERE.

Contracts 

Then there is the Contrat d’engagement au respect des principes de la République française – which is a promise to respect the ‘values of the French republic’ such as personal freedom, freedom of expression and equality between men and women.

In practical terms, this is just a form that you will need to sign as part of the application process for a visa or residency card – you can find full details on exactly what you’re agreeing to respect HERE.

This applies to all types of visa and residency card, including renewals. It is not yet in force, but is expected to come into effect later this year.

Classes

Then there are is the contrat d’intégration républicaine (CIR), which has a confusingly similar name. This involves extra courses in civics and language that certain groups can be required to attend.

The CIR is a lot more than just signing a form, you also agree to take several hours of classes – but the key thing is that many groups are exempt from this requirement.

The immigration law doesn’t actually change who is required to sign the CIR and do the classes, it just expands the scope of the classes themselves and adds a test at the end.

These don’t apply to people applying for visa, it’s only when you get your residency permit – carte de séjour/titre de séjour – that you may be required to meet with OFII (the French office of immigration and integration) and take the classes.

Exemptions – Let’s start with exemptions – if you are applying for or renewing any of the following carte de séjour types you do not need to do the classes; 

  • Visitors (carte de séjour temporaire “visiteur”)
  • Students (carte de séjour temporaire portant la mention “étudiant”)
  • Trainees/interns (carte de séjour temporaire portant la mention “stagiaire”)
  • Temporary workers (carte de séjour temporaire portant la mention “travailleur temporaire”)
  • People who were born in France and have resided here for at least eight years (you fall under the jeune étranger né en France status of the carte de séjour temporaire portant la mention “vie privée et familiale”)
  • People with serious illness (you fall under the ‘étranger malade‘ category of the carte de séjour temporaire portant la mention “vie privée et familiale”)
  • Seconded employees and their families (carte de séjour pluriannuelle portant la mention “salarié détaché”)
  • Seasonal workers (carte de séjour pluriannuelle portant la mention “travailleur saisonnier”)
  • Talent passport holders and their families (carte de séjour pluriannuelle portant la mention “passeport talent”)
  • People who completed at least three years of French secondary school or one year of higher education in France
    EU/EEA/ Swiss nationals
  • Holders of the post-Brexit Article 50 TUE carte de séjour
  • People who qualify for the carte de résident due to service in the French foreign legion or military

So who does have to do the classes? – The new law does not change who has to sign the CIR (and by extension, agree to take the classes), certain groups have always been required to do this, including;

  • Workers on a salarié carte de séjour
  • Self-employed people on a entrepreneur/profession libérale status
  • Certain groups on the ‘vie privée et familiale‘ statuses, including parents of French minors and foreign spouses and partners (PACs) of French nationals.
  • Applicants for the carte de résident de longue durée-UE card, which is given to people after five years of residency in France
  • Refugees

You only have to sign the CIR and take the assigned courses once, and the certificate then applies to all future card applications and renewals. 

How to access the classes

In most cases, people do the classes shortly after arriving in France when they request their first carte de séjour (usually after three months of residence, although it can be longer for different card types).

It is part of the general summons by the OFII which can also include language classes and a medical test.

OFII: Your questions answered on France’s immigration office

However if you are swapping from a card type that is exempt onto a card type that is not exempt you may also have to do them – for example if you apply for the carte de résident de longue durée-UE after five years of residence and were previously on a ‘visiteur’ card.

In this case you won’t receive a summons from OFII, you will need to contact them and request the relevant form. You will be called to an interview and from this interview they will decide whether you need to do the classes or not – it depends on your level of French and whether you can demonstrate that you are integrated into French society and understand French values.

In the case of the carte de résident de longue durée-UE, the opinion of your local mayor or commune can be taken into account – so if you know your mayor you could ask them to write an attestation stating that you are well integrated into local life, which may help.

So that’s the long answer – we did warn you. 

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