Non-EU Family Member of an EU National: How Long Can I Stay in the European Union?

Non-EU Family Member of an EU National How Long Can I Stay in the European Union
26 July 2024

Family Members of an EU national

As a family member of an EU national, the duration you can stay in the EU depends on whether you are accompanying or joining your EU family member, and the type of documentation you hold.

These 27 countries are current members of the European Union.

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

Short-Term Stay (Up to 3 Months per EU Country)

If you have the required documents, you are entitled to stay for up to three months in each EU country without any additional conditions or formalities. This rule applies as long as you are accompanying or joining your EU family member. You can combine stays in different EU countries without an overall time limit.

Example Scenario

Marco, an Italian national, lives in France. He travels for an EU-wide research project, spending three months in Austria, three months in Germany, and two months in Luxembourg. His American spouse, Susan, can join him for the entire duration of his stay in each country because her stays are not subject to an overall time limit.


Long-Term Stay (More than 3 Months)

For stays longer than three months, you may need to apply for a visa and then residence card as a family member of an EU national in the host country. This usually requires proof of your relationship (e.g., marriage or birth certificate) and proof that your family member resides in that country. The residence card allows you to stay for longer periods, typically up to five years, and can be renewed.

Permanent Residence
After legally residing in the host EU country for five continuous years, you may be eligible to apply for permanent residence.

Traveling Independently
If you travel on your own without a valid residence card or residence permit, you are subject to the standard Schengen rules, which limit your stay to 90 days within a 180-day period across the entire Schengen area.


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Author:

Giuditta Petreni

Giuditta Petreni has over 15 years of experience in Italian immigration law, supporting companies, investors, and individuals in relocating to Italy. She provides strategic and practical guidance across a wide range of immigration matters.

gp@mazzeschi.it
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