Rules for the family of EU Citizens

Does EES or Etias apply to non-EU nationals who are family members of EU nationals?

Family members (spouse, Pacs or civil partner, children under 21 or who are dependents, dependent parents or grandparents) of an EU citizen (living out of the EU) who is exercising their EU free movement rights to visit France or another EU country are registered in EES but fall under specific rules.

Note that if the non-EU national lives in the EU with a valid long-stay visa or residency card they are not concerned.

 They are registered in EES as a ‘family member’ and are not subject to an automatic 90/180 days calculator. The system does not flag up if they stay in an EU country, or wider Schengen area, with their EU family member beyond 90 days, but they should apply for a residency permit if staying for more than three months in one country. 

Data on their entries and exits will only be stored for a year but as with other users, their basic database entry will remain in the system until three years after their last exit. 

This rule does not apply to non-EU family members of French people, who are registered in the system in the same way as other visitors unless they have a long-stay visa (this is because a French person in France is not ‘exercising EU free movement’). 

With regard to Etias, EU family members are subject to ‘family member’ rules exempting them from the fee. Their application will also not be checked against screening rules on illegal immigration. 

This does not apply to family members visiting French people in France, who are treated like ordinary visitors.