Brexit - 90 day rule for UK citizens in the EU

[Hollybutnoivy]

Does anyone know how this will work? I'm resident in the EU but afaik the 90 day rule still applies - or is this different within Schengen because I can't see how it can be applied? Living relatively close to several borders mean we often pop over* to another country- I don't have an EU passport though.

*not at the moment obviously!

i understood it s 90 consecutive days from entry?

But how do they check that? I'm in Italy. We drive over the border and there are no checks?

I presume you hope you don't get caught. Or you might have to re apply for formal residency depending on what the rules are locally My SIL is also resident in an EU country- with her husband, my brother who like me retains EU citizen via our parent. I'm actually not sure how she will manage it.

i would guess that UK citizens will now get a stamp in their passport on entry?

Sorry perhaps I wasn't clear. I am legally resident where I am (Italy) and a British citizen. That's not a problem. What I don't understand is apparently that doesn't means I have FOM outside of Italy BUT when we go over the borders closest to us (apart from Switzerland) there are no checks so no stamping of passports. I don't know how I can prove I haven't overstayed (or even if I have to). Googling hasn't helped so far.

oohhh sorry. I see. This would be the same for my DH if we ever moved back to my EU country.

I have not looked into FOM for legal residents yet - interested in hearing the answer though.

When you go to the UK from Italy you will only be able to spend 90 days there consecutively.

It's nothing to do with you being resident in Italy.
If you're old enough to remember pre-FOM you would get a stamp in your ppt on entry into other countries within Europe. That probably won't happen now in the digital age, your entry details will probably be logged.

@Thesilentstars That's not true for British citizens.

So, you mean, if you pop to Austria how do you prove it's just for a weekend? Surely proof of address in Italy and the volume of luggage in your car, should you be stopped?

@Thesilentstars Re: your second post. There are no border controls and nobody to stamp passports between Italy and France, Italy and Croatia etc

As I understand it, It's 90 days within the whole Schengen area, not within a EU country, so there's no need for anybody to "log" each internal border crossing, made, for example for tourism purposes.

.."You can stay 90 days in any 180-day period within the Schengen area.
When applying this rule, the following aspects should be taken into account:
The date of entry is considered as the first day of stay in the Schengen territory;..
The date of exit is considered as the last day of stay in the Schengen territory; "

eeas.europa.eu/sites/eeas/files/visa_waiver_faqs_en.pdf• The date of exit is considered as the last day of stay in the Schengen territory;

@honeysucklejasmine But they won't know if that weekend in Austria is within my 90 day limit or not though. Or hopefully nobody will care!

I understand what you're saying OP. How do you actually legally start the clock on your 90 day Schengen stay outwith if you're driving? There are no borders.
I suspect in practice you carry on as normal. If you are ever stopped there's no way to prove how long you've been outwith Italy and your residency card should keep anyone happy.
Agree its nonsense re time limits back in UK if you've got a UK passport.

@notimagain I already live in the schengen area though.

notimagain what the OP is asking though is how do you start the clock on a Schengen stay if you're a resident of one Schengen country already and are driving to another one? They are no borders.

I suspect in practice you carry on as normal.
I hope so!

But surely if you live in the S area already, you have a right to LIVE there are what visiting Brits are allowed to do is irrelevant?

This seems SO obvious I must be missing the point entirely. In which case I'm confused.

It's a non-problem for you. If you are already resident in Italy, you can stay anyway. You just need to register as an Italian resident...

www.gov.uk/guidance/living-in-italy

[quote Hollybutnoivy]@Thesilentstars Re: your second post. There are no border controls and nobody to stamp passports between Italy and France, Italy and Croatia etc[/quote]
I know. I've lived in Italy for the past 28 years.

Driving over borders you'll probably still be OK as you ever were. When I lived in Spain back in the 80s we used to get the train over to Portugal, and when I lived in Brussels we'd pop to Paris. All pre- FOM.

Sorry about my confusion earlier re BCs returning to the UK. There is of course talk of non-dom BCs in the EU subsequently having limits placed on their stay as there always have been.

I'm biting the bullet and finally getting my Italian c/ship this year to not have to think about it.

Ah ..apologies, I was being dull this morning, I see what you're all driving at now...

I've never had passport etc checked when I've crossed my nearest internal EU border by land (or the one time I did it by air for that matter).

Yes I should think proof of residency in Italy will make all questions go away. It's awful how you've been thrown in to uncertainty by this. Dsis is also resident in an EU country - they've got a meeting with somebody or other next week to make sure their paperwork is all sorted. Her DP works for a company with many non national employees so they are used to assisting with various visas etc.

@Hollybutnoivy

Sorry perhaps I wasn't clear. I am legally resident where I am (Italy) and a British citizen. That's not a problem. What I don't understand is apparently that doesn't means I have FOM outside of Italy BUT when we go over the borders closest to us (apart from Switzerland) there are no checks so no stamping of passports. I don't know how I can prove I haven't overstayed (or even if I have to). Googling hasn't helped so far.

If you are legally resident then you are a member of EU and these rules don’t apply. You have an EU passport. Anyone travelling from UK to any EU country will now have their passport stamped

You have residency in Italy that's all you need.

Just bring official proof of residency with you.

But surely if you live in the S area already, you have a right to LIVE there are what visiting Brits are allowed to do is irrelevant

No. I have a right to live in Italy not to travel throughout the Schengen area unfortunately.

It's a non-problem for you. If you are already resident in Italy, you can stay anyway.
I'm talking about travelling outside of Italy.

I'm biting the bullet and finally getting my Italian c/ship this year to not have to think about it.
Good luck. It takes years and years. Still waiting here...!

Thanks everyone.