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EUROPEAN UNION

How many American citizens are ordered to leave European countries?

Hundreds of Americans citizens have been forced to leave EU and Schengen area countries in recent years for numerous reasons, mostly related to residency rules. Here's a look at the numbers.

How many American citizens are ordered to leave European countries?
Photo by Christian Lue on Unsplash

A small number of European countries are responsible for most orders to leave the Schengen area issued to American citizens in 2021 and 2022, figures from the EU have revealed.

In 2021, 1,690 US citizens were ordered to leave a Schengen area country.

And up until the end of September 2022, some 1,290 Americans were ordered to leave the EU and Schengen area, according to the latest available data from the EU statistical office Eurostat.

The Netherlands, Norway, Sweden, France, Germany and Belgium issued the vast majority of departure orders towards US citizens.

From the figures, which are communicated to Eurostat by national authorities, it emerges that the Netherlands alone issued 980 leave orders in 2021 and 770 in the first nine months of 2022.

Norway followed with 795 leave orders in 2021 and 105 in 2022 up to September. Then came Sweden, with 240 in 2021 and 135 in the same period of 2022. In comparison, France ordered 100 US citizens to leave in 2021 and 85 in the first nine months of 2022, and Germany 60 in 2021 and 25 in 2022.

Spain reported 10 cases in both years, Italy 5 in 2021 and 15 in 2022. For Austria, the figures were 15 in 2021 and 10 in the first nine months of 2022. Denmark issued 15 and 20 leave orders respectively, and Switzerland 40 and 20 respectively.

Netherlands vs Norway

Not all these people who received the orders, however, had to leave the country in which they were based.

The Dutch immigration agency (IND) said that an order to leave can be issued if a residence application has been “rejected” or “a previously granted residence permit has been withdrawn”.

The person has then an obligation to leave the country and all other countries of the Schengen area within a certain period (usually 4 weeks).

But it is still possible to apply and obtain a residence permit, or even to appeal a negative decision, while staying in the country, the IND said.

The discrepancy between the number of orders given and the number of people who actually then had to leave is reflected in Eurostat figures.

The data shows that the number of returns – US citizens that actually had to leave European countries – is smaller than the number of orders given: 510 in 2021 and 350 in the first nine months of 2022. For the Netherlands, the total was 80 in 2021 and 40 in 2022.

From information on actually number of people returned it emerges that Norway is the country that imposed most US citizens to leave: 635 in 2021 and 60 in the first nine months of 2022. For Sweden, the figure was 180 in 2021 and 85 in 2022 up to September.

Some 15 US citizens were returned from France both in 2021 and in the first nine months of 2022. For Germany the number was 10 and 5, for Denmark 15 and 10, for Italy and Spain zero and 10, for Switzerland zero.

Why are American citizens ordered to leave EU countries?

When it comes to the reasons why Americans are given orders to leave EU and Schengen area countries, well it’s largely for the same issues other non-EU citizens receive the same instructions. 

The Local recently published data about British citizens issued a leave order from Sweden post-Brexit. A spokesperson of the Swedish Migration Agency said these were due to “incomplete [residency] applications, late applications, applications where the applicant did not fulfil the requirement for residence status,” as well as “reasons unknown”.

The website of the French Ministry of Interior specifies that an order to leave can be issued, for instance, if a person has entered France or the Schengen area irregularly and does not have a residence permit, if they have stayed beyond the visa expiry or for more than 90 days in 180, if they have an expired residence permit, or this has been refused or withdrawn, or if they have worked without a work permit.

However, there are several cases in which a person cannot be forced to leave France. These include, among others, being a minor (unless parents are also subject to such a measure), having lived in France for more than 10 years, excluding periods as students, having habitually resided in France since a child, have been – and still be – married to a French citizen for at least 3 years.

An order to leave is not an expulsion, which occurs only when, in addition to be illegally present in the country, the person also represents “a serious threat to public order,” the French Ministry of Interior says. In this case, the expulsion usually leads to a ban from the country.

This article was written in collaboration with the Europe Street news site.

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AMERICANS IN FRANCE

Americans in France: The new ‘values’ contract and acing the French driver’s test

From a new requirement to 'respect the values of the republic' to opening joint bank accounts and surviving the long, expensive process of getting a French driver's licence, here's our latest newsletter for Americans who either live in France, visit frequently or plan to move here some day.

Americans in France: The new 'values' contract and acing the French driver's test

Welcome to The Local’s “Americans in France” monthly newsletter for members, featuring all the news and practical information you need as an American resident, visitor or second-home owner in France. You can sign up to receive it directly to your inbox before we publish it online via the link below. 

Dear Americans in France,

Last week, the French government published a decree bringing into effect the new requirement to sign a ‘contract respecting the values of the republic’ when applying for a French residency card.

This additional document will be a requirement for most Americans looking to make France their home long-term. In truth, signing the contract is a relatively small and quick administrative requirement that will be done when making an application for either a new residency card or to renew one. We’ve put together a guide on how to do so. 

Nevertheless, you are agreeing to a set of values that France deems important – here’s what you are signing up for.

Bureaucratic challenges are something that Americans in France have to get used to when living here. One consistently tricky area is opening a bank account. Unfortunately, Americans looking to open joint bank accounts with their French spouses or partners can also run into issues, thanks to FATCA reporting requirements.

You should be aware that there are two types of joint accounts in France with very different rules. The main difference is related to whether or not account-holders need permission from others to spend or receive money, and whether the account will be frozen by the bank following the death of one of the account holders.

In each edition of this newsletter, I like to take a moment to respond to specific questions from readers. As always, we have our ongoing ‘Americans in France’ survey open. You can let us know if there are any topics you would like to see covered, and you can also give helpful tips (the ones you wish you had known beforehand) for other Americans looking to move to France.

One of our readers, Steph Dixon in Paris, asked us how to get a French drivers licence affordably: “For those living in Paris, can one take the drivers test outside Paris to have less crowds, for example?”

The answer is yes, you can take your test in a different département. As the process is notoriously long, expensive, and painful, we’ve put together some tips to get a French driver’s licence as painlessly as possible.

Another reader who has been in France for over 20 years, but wished to remain anonymous on the survey offered some helpful advice: “Don’t be loud, remember to say bonjour, and do not shy away from asking for help! We’ve all been there.”

They also added: “Maybe this is too obvious, but if you want to live and work here, and don’t have EU nationality or a talent passport, it will be difficult to get a CDI [a long-term work contract]. I have spoken to a surprising number of Americans who don’t realise they have no automatic right to work here.”

This is an important point. Finding work in France as a foreigner can be difficult, especially if you do not have a strong grasp on the French language or the equivalent French credentials. 

Before you start looking for apartments or sending out applications, you will want to be realistic about your options for moving in the first place – in particular with regards to visas and work permits.

And finally, you might have heard rumours about an old but never-repealed treaty between France and the USA that allows Americans an extra three-month stay in France without requiring a visa.

It sounds almost too good to be true, but the agreement does exist. It goes back to 1949, and it is a bilateral travel agreement between France and the US. The only trouble is that it is not exactly valid anymore.

Of course feel free to get in touch or leave a comment. You can reach me at [email protected]

** Conspicuously, I’ve left out updates on the Paris 2024 Olympic Games, but we have lots of coverage on this – click HERE for the latest.

The American expat pressure group SEAT (Stop Extraterritorial American Taxation) is conducting a new survey on the impact of US taxation and banking policies on expats and is looking for Americans living in France to take part. You can read more about the survey here.

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