Does non-EU citizen staying in France with EU citizen partner need a visa?

I am British and my wife is an EU citizen (she is German). I went to the prefecture to ask for a residency card so we can stay in France for six months but they said I should have applied for a visa in the UK. What are the rules?

This may be a case of the official being unfamiliar with the rules, as the usual EU and French rule is that spouses of EU citizens can stay with them in France for long-stays (more than three months) without needing a visa.

Confusingly, however, if you input the intention to have a long-stay as a British spouse of an EU citizen into the ‘visa wizard’ tool, it suggests that you should obtain a visa. We have pointed out this anomaly.

This is, however, contrary to normal EU rules with regard to non-EU citizens who move to an EU country with their EU spouse (or come to join them).

A Briton accompanying an EU citizen spouse for a long stay in an EU country falls under EU free movement directive rules and is not affected by the general rules applying to other Britons entering the Schengen area, which restrict them to 90 days in any 180-day period unless they apply for a visa so as to stay longer.

We asked the Interior Ministry about the situation of a non-EU citizen wishing to stay in France for longer than three months along with their EU citizen spouse, but without the couple intending to stay permanently. We asked if a temporary long-stay visa could be appropriate.

A spokesman said: “A UK citizen accompanying or joining in France an EU citizen is not required to possess a temporary long-stay visa. Such a visa would only be required if the Briton wanted to come for a period of less than or equal to one year without accompanying or joining their EU citizen spouse. In that case they would come under ordinary immigration law.”

He said the person should apply in the first three months to their French prefecture for a residency card if they plan to stay in France for longer than three months.

This applies whether or not the couple are moving to France on a permanent basis or just plan an extended temporary stay, the ministry told The Connexion.

We note that in any case, under residency rights rules, any stay of more than three months is a ‘long stay’, whether or not the person also ends up making France their main ‘home’ and becoming domiciled for purposes such as tax and social security.

The request for a card should be made to the prefecture or sous-préfecture for the place where the couple are living. The method of requesting it, eg. whether by post or in person, can vary depending on local rules (check the prefecture’s website).

If you left before it was delivered, then a récépissé receipt of having applied would be evidence of having carried out the formality.

The card you require is the carte de séjour membre de la famille d’un citoyen de l’Union /EEE/Suisse. See chapter 7.

Documents required include your passport, proof of address in France, three passport photos, your marriage certificate and, if your spouse supports you financially, documents to show this.

Your EU spouse also has to provide evidence of the legality of their stay beyond three months, which includes showing health cover (eg. Ghic/Ehic) and their financial means to cover costs of the stay.

The residency card will be issued with a validity date corresponding to the length of the planned stay.

Note that where a Briton married to a French person wants to come to France, the process is different. A visa is required in this case – this is issued free of charge.