Hope for Britons visiting France as MPs call for more flexibility on 90/180 days rule

There are hopes of more flexible rules for Britons visiting France after several UK MPs said the issue should be raised in UK-EU talks before the next annual summit in May.

Under long-standing Schengen rules all ‘third country’ nationals (non-EU/non-EEA/non-Swiss), can visit for up to 90 days in any rolling 180-day period if they come from visa-waiver countries, such as the UK, US, Australia and Canada. 

For stays of more than three months, EU countries - including France - issue long-stay visas or residency cards. 

Older pre-Schengen bilateral conventions on short stays still exist, including one that theoretically allows Americans to stay in France for up to 90 days regardless of time spent elsewhere in Schengen. 

However, legal experts typically warn these may cause confusion at the border and advise travellers to stick to the 90/180 days rule.

Campaign

Many readers report difficulties caused by the 90/180 days limit, particularly where commitments span borders (see below). The issue is also the focus of the France Visa Free Facebook campaign.

Its founder Steven Jolly said the group has moved away from focusing on second-home owners, as the “90/180 days problem” affects more people. 

Britons are now often unable to divide the year between the UK and France without complex and costly applications for a temporary long-stay visa allowing stays of up to six months.

Mr Jolly said they also now highlight the rule as a “trade barrier”, which the UK government has said it wants to reduce. “The EU itself has also indicated that the 90/180 has drawbacks – this recognition is significant,” he said.

In a recent communication to the European Parliament and Council, the commission said professionals relying on mobility across EU states – including touring artists, athletes, cross-border project experts, workers supporting EU industries and services, and truck drivers – “may require access to different member states for more than 90 days within 180 days, without needing long stay [visas] or residence in the EU”.

It described the current system as “complex” and said it will “work closely with member states to identify pragmatic solutions to accommodate extended short stays for selected categories of third-country nationals”, including exploring new “extended short stay rules at EU level” and examining how to “phase out” old bilateral deals.

View from UK

Among UK parties, the Lib Dems have been the most vocal supporters of more flexibility. Helen Morgan (North Shropshire) recently stated that she “shares concerns about the problems caused by our post-Brexit arrangements for people who wish to travel, work or enjoy their family life in the EU”.

In an email to a France Visa Free member she added: “In parliament, Sir Ed Davey and the Liberal Democrat team are stepping up the pressure on the government to be more pro-active, starting with a new bespoke customs union but also tackling the other problems left by Boris Johnson, including the 90-in-180 day rule and the multiple difficulties faced by some many export businesses.”

Support has also come from some Labour MPs. Mary Foy (Durham) referred in an email to 90/180 as “one of the many damaging consequences of the Conservative government’s Brexit deal and the failure to properly protect the interests of UK citizens who live and work across borders”.

She added: “I understand why this issue is so important to you and how disruptive it has been for people who have long-established lives that span both the UK and the EU. This is clearly not simply about tourism but family life, work and maintaining long-standing personal ties.”

She is seeking information on what steps the government is taking to assess the rule’s impact, whether improved reciprocal arrangements are being explored and whether the issue will be raised ahead of this year’s summit.

UK government sources say post-Brexit agreements mean short-term visa-free travel is governed by domestic policy: the UK allows visits of up to six months, while the EU applies the 90/180 rule. While the government will continue to listen to concerns, any changes ultimately depend on the European Commission and EU member states, officials say.