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General Discussion / Re: 180 days in Spain
« Last post by paulaf on December 09, 2022 »Many thanks nophead. Sometimes I wonder if we're overthinking it?
We found an EU document that was guidance for Shengen border control and printed off the relevant section in Spanish and highlighted it.
2.1.2. In the case of third-country nationals who are family members of EU, EEA and CH
citizens, they have the right of residence in a Member State for a period of up to
three months if they are in possession of a valid passport and are accompanying or
joining the EU, EEA or CH citizen, without any limitation to 90 days in a 180-day
period.
To be noted that, third-country nationals who are family members of EU, EEA and
CH citizens are entitled to accompany or join the EU, EEA or CH citizen for
consecutive periods of up to three months per Schengen States without any
conditions or formalities (except the need to have a visa for third-country nationals
from a country subject to a visa requirement).
When the family member travels on his/her own, the normal regime concerning the
length of the short stay will (re)start to apply, as the conditions for benefiting from
the facilitations concerning the free movement of the EU, EEA and CH citizens and
their families are not met anymore.
The previous stays performed in the area without internal border controls
accompanying or joining the EU, EEA or CH citizen should not be taken into
account for the sake of the calculation of the compliance with the 90/180-day rule
which is applicable to the short stay only.