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Warning over fines for people who overstay 90-day limit in France

British second-home owners and visitors to France are being warned not to overstay their 90-day limit, as border guards begin checking passports and issuing fines.

Warning over fines for people who overstay 90-day limit in France
Since Brexit, Brits are subject to the 90-day rule. Photo: Sam van der Wal/AFP

Since the end of the Brexit transition period, Brits who don’t have either a residency card or a visa face limits on their stays in France.

But while the 90-day rule was widely known in advance – and has always been in place for other non-EU nationals like Americans and Canadians – it was not clear how strictly it would be policed.

Now British visitors have reported being stopped and fined at the border upon exit if the entry stamp in their passport is more than 90 days old.

The Local has previously reported on the case of Kerry, who was fined after her passport was incorrectly stamped as a non-resident.

But several other Brits have reported being fined after visits to France that lasted more than 90 days, in one case for an overstay of just two days. Fines can also be accompanied with a stamp in your passport marking you as an over-stayer, which can make future travel complicated. 

Brits who live in France can prove their residency status by showing their carte de séjour, in which case the 90-day rule does not apply.

However those who are not resident and are merely visiting – either on holiday or to stay in second homes – have only two options; either stay less than 90 days or get a visa.

90 days

The 90-day rule is broken down in more detail HERE, but in essence it gives visitors from certain non-EU countries access to short visits without the need to get a visa.

The allowance is 90 days in every 180 – so in total over the course of a year you can be in France for 180 days, but these cannot be taken together. This is a problem for second home owners who like to spend the summer in France and the winter in the UK, or vice versa.

The other important thing to note is that the limit is for the entire EU and Schengen area, so trips to all EU or Schengen countries, not just France, count towards the 90-day limit.

To help you work out your allowance, you can find the Schengen calculator here.

Visa

Those who want to spend more than 90 days at a time will need to get a visa.

You can find a fuller explanation of the French visa system HERE.

Different types of visa exist, but the most common for second-home owners who do not intend to work in France is the visitor visa.

Crucially, visas must be applied for in your home country so that can enter France showing both the passport and visa, so that the 90-day ‘clock’ does not begin ticking.

Member comments

  1. It’s one thing informing the public but someone needs to urgently inform those working at the border when to stamp the passport and when not to. I mean, how difficult can that be ?

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EU

How would a ‘youth mobility scheme’ between the UK and EU really work?

The EU and the UK could enter into a 'youth mobility' scheme allowing young people to move countries to work, study and live. Here's what we know about the proposal.

How would a 'youth mobility scheme' between the UK and EU really work?

Across the 27 countries of the EU, people of all ages can move countries to work, study, spend a long visit or chase the possibility of love – and all this is possible thanks to EU freedom of movement.

That freedom no longer extends to the UK. As a result of Brexit, a UK national who wants to move to an EU country, or an EU citizen who wants to move to the UK, will need a visa in order to do so.

However, a new ‘mobility scheme’ could re-create some elements of freedom of movement, if the EU and UK can come to an agreement.

The European Commission on Thursday announced proposals for a ‘youth mobility scheme’.

Who would benefit?

First things first, it’s only for the youngsters, older people will have to continue with the time-consuming and often expensive process of getting a visa for study, work or visiting.

The Commission’s proposal is for a scheme that covers people aged 18 to 30. 

Their reasoning is: “The withdrawal of the UK from the EU has resulted in decreased mobility between the EU and the UK. This situation has particularly affected the opportunities for young people to experience life on the other side of the Channel and to benefit from youth, cultural, educational, research and training exchanges.

“The proposal seeks to address in an innovative way the main barriers to mobility for young people experienced today and create a right for young people to travel from the EU to the UK and vice-versa more easily and for a longer period of time.”

How would it work?

We’re still at an early stage, but the proposal is to allow extended stays – for young people to be able to spend up to four years in the EU or UK – under a special type of visa or residency permit. It does not, therefore, replicate the paperwork-free travel of the pre-Brexit era.

The Commission states that travel should not be ‘purpose bound’ to allow young people to undertake a variety of activities while they are abroad.

Under the visa system, people must travel to a country for a specific purpose which has been arranged before they leave – ie in order to study they need a student visa which requires proof of enrolment on a course, or if they intend to work they need a working visa which often requires sponsorship from an employer.

The proposal would allow young people to spend their time in a variety of ways – perhaps some time working, a period of study and then some time travelling or just relaxing.

It would also not be subject to national or Bloc-wide quotas.

It seems that some kind of visa or residency permit would still be required – but it would be issued for up to four years and could be used for a variety of activities.

Fees for this should not be “excessive” – and the UK’s health surcharge would not apply to people travelling under this scheme.

Are there conditions?

Other than the age qualification, the proposal is that young people would have to meet other criteria, including having comprehensive health insurance, plus financial criteria to ensure that they will be able to support themselves while abroad.

The visa/residency permit could be rejected on the ground of threats to public policy, public security or public health.

Will this happen soon?

Slow down – what’s happened today is that the European Commission has made a recommendation to open negotiations.

This now needs to be discussed in the Council of Europe.

If the Council agrees then, and only then, will the EU open negotiations with the UK on the subject. The scheme could then only become a reality if the EU and UK come to an agreement on the terms of the scheme, and then refine the fine details.

Basically we’re talking years if it happens at all, and there’s plenty of steps along the way that could derail the whole process.

Don’t start packing just yet.

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