EES rules in France: How are spouses of EU citizens affected?

Reader Question: How are partners of EU citizens affected by the new EES? Do rules change based on if we live in France or the UK? 

The Connexion has been asked several questions about how the incoming Entry/Exit System (EES) will affect family members of EU citizens, including spouses/partners of non-French EU citizens (such as Irish and German citizens)

The system will open progressively at French border points from October 12 partly with the aim of better keeping track of the entries and exits of non-EU visitors to the Schengen area, and their respect of the EU’s 90/180 days visiting rule.

Below, we look at how EES will affect these spouses regarding travel to France.

It is important to clarify there are two scenarios that should be mentioned. 

If you are a non-EU citizen who lives permanently in France with an EU spouse (or civil partner/PACS), then you should already have a long-stay visa or residency card to reside in France.

In this case, spouses of EU citizens are not impacted by EES and should show their visa or residency card at the border. 

 In addition, you will still be able to use the EU passport lane if travelling with your EU-citizen spouse or if travelling to join them (if you can prove the latter). 

Note that while full-time non-EU citizen residents in France are not subject to the 90/180 days rule, they must still adhere to other rules. 

This includes not spending more than three continuous months in another EU country without applying for a residency permit there. 

Visitors not subject to 90-day calendar

A second scenario is the case of the spouse of an EU citizen – or other family member such as a child under 21, dependent parent or grandparent – who is merely visiting France. 

This, for example, is the case for someone who lives in the UK with an Irish partner but is visiting a second home in France with them.

In this case, you will still need to go through the EES process, including having a facial image and fingerprint scan taken.

However, you will be registered in the database as a ‘family member’ of an EU citizen and the automatic 90/180 day calendar applied to other visitors will not be used for you. 

Your personal data will be kept in the EES for up to three years after your last exit from the area, however the system will only retain information on your entry and exit for one year after you leave the area. 

Again however, remember that you should not spend more than three months in the same EU country without applying for a residency permit. 

When the Etias visa-waiver system comes into force, such family members will be exempt from fees other travellers.

Close family of French nationals

Note that close family members of French nationals are not seen as ‘family of EU citizens’ for purposes of travel into and out of France, as a French person visiting or living in France does not have to make use of EU free movement to do so.

The main difference in this case is that a family member who is visiting France in this case is treated in the same way as other non-EU nationals for purposes of the EES.