Are French residency card holders affected by 90/180 day rule when travelling inside EU?

Reader Question: Are French residency card holders limited by the 90/180 days rule if we want to travel within the EU? We have a five-year Brexit card but want to spend a few months in Portugal with friends. 

The 90-180 day rule applies to tourists who benefit from visa-free access to the EU’s Schengen Area, including Britons, Americans, Canadians, Australians, and several others.

It states they can visit the bloc for a maximum of 90 days in a rolling 180-day period. 

The rule also applies to people who must get a short-stay visa to enter the EU (citizens of Morocco, China, India etc), as these are limited to a maximum of three months.

As a French resident (owner of a valid residency card to live in France) you are not subject to exactly same rules. 

However, this does not provide you with the ability to spend an unlimited amount of time outside of France. 

90/180 days rule generally still applies 

Foreign nationals with a long-stay visa for France or another EU country essentially have a short-stay Schengen visa with regard to the rest of the Schengen area, meaning they are subject to the 90/180 days rule with regard to time spent outside France.

As there are not usually passport controls within the area, you might ‘get away’ with staying longer than this in Portugal.

More generally, going to another EU country for more than three months raises an assumption of having moved there and begun a ‘long-stay’ for residency purposes.

Even EU citizens may (depending on each country’s exact rules) be required to register the move with that country’s authorities, the EU states, and in some cases should report their presence before this. 

Holders of a 10-year carte de résident longue durée - UE can move from France to another EU country, provided they register with the new authorities within three months, and renew the card in that territory when it is time. 

No other card holders can use their French residency permit to establish residency in another EU country, which in theory therefore limits the amount of time they can spend in a different country.

Registering with the other country’s authorities may include proving you have sufficient health coverage or financial means.

Residency card holders should therefore err on the side of caution and respect a 90-day limit, not spending more than this in a Schengen area country they do not have a residency permit for. 

While it is generally harder for authorities to prove you have spent this much time in a country, it is possible. 

An increasing number of countries within the EU are also carrying out border checks at land, sea, and air crossings with other member states, including France and Germany. 

While valid travellers simply need to show their EU residency card (or passport) to be let through, it is in theory possible border officers could question you about spending an extended amount of time outside of a country they do not have a residency card for. 

Be careful over residency rights

The 90/180 days limit means that in theory you can split your time over several European countries, if you have the financial means.

However, unlike citizens, residency card holders cannot spend too much time outside of France or they lose their residency rights. 

Note also that for some residency cards (including the five-year Brexit ‘Withdrawal Agreement’ card and certain student visas), spending more than six consecutive months outside of France is generally not allowed unless there are exceptional reasons. 

Authorities might not renew a residency card if you spend too much time outside of the country. 

For longer cards, including ‘permanent stay’ 10-year Brexit cards, and EU long-term residency cards, this is longer.

Read more: How long can someone remain outside of France before residency permit is invalid?

Finally, spending too much time outside of France may affect your ‘main residence’ for tax purposes.