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Travel within the EU for British EU residents restricted

Last activity 29 December 2020 by AlexFromBelgium

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PaulCoxall

As a British Citizen living in Belgium my freedom of movement has been severely restricted. On the plus side, I can visit my daughter who lives over the border in The Netherlands, and on the down side, I can’t return to The Netherlands for a period of 180 days after my visit.

Now, I can only visit my daughter twice a year!

Living in Liege I used to enjoy visiting the market in Maastricht Friday mornings, now I may only visit twice a year.

If I drive my car from Belgium to Italy on vacation via Germany and Austria, I can stay in Italy on my holiday for up to 90 days. But, I can’t drive back through Austria and Germany for 180 days!   

This is the consequence of the (marvellous) Withdrawal Agreement containing all my citizens rights! In truth, I have become practically landlocked. Of course I could head off over the Dutch Belgium border and it’s unlikely that I would be stopped, but I am supposed to ‘self police’.  I would be breaking the law if I did visit holland twice within 180 days.

Cynic

Have you considered applying for Belgian nationality?

PaulCoxall

Sorry to say, I have not lived in Belgium for the required 5 years needed to apply. I have lived in Belgium for three and a half years to date.

Cynic

Shame.  Our daughter lives in Almelo, but as a dual national she doesn't have a problem travelling to and from.  I'll suffer the same issue as you (we moved to the UK), but twice a year suits us.

AlexFromBelgium

Keep in mind that you must apply a new ID card from the 1st January until the 31 December to retain your right as beneficiaries of the Withdrawal Agreement! Even if your current ID card is still valid.

But normally you should be contacted sooner or later by the immigration/your commune.

At some point, and in your case, as long as you've a resident permit in EU, no one will care about you visiting your family in other EU states...

Desm0nd0

Are you sure about those rules?
I had understood (see below) that you can visit multiple times in one year, but may not exceed 90 days in any 180 day period.  This rule seems to be designed to avoid officially living in 1 country for tax purposes, but in reality spending most time in a different (higher tax) country.

==================================================================
https://www.gov.uk/visit-europe-1-january-2021
If you’re a tourist, you will not need a visa for short trips to most EU countries, Iceland, Liechtenstein, Norway and Switzerland. You’ll be able to stay for up to 90 days in any 180-day period.

Different rules will apply to Bulgaria, Croatia, Cyprus and Romania. If you visit these countries, visits to other EU countries will not count towards the 90-day total.
==================================================================

PaulCoxall

Thanks for your comment. The information available is not very clear however, as far as I can make out, the 90 day period does not include any multiple entry rights; Once you have visited a EU country as a UK Citizen, whether resident in Schengen or not, you can't return for 180 days. That is my interpretation of the regulations.

AlexFromBelgium

You can spend maximum 90 days in a row to any Schengen States for a period of 180d.

Immigration will stamp your passport and you'll be considered as a third-country (meaning they'll calculate how many days left you still have).
https://ec.europa.eu/home-affairs/conte … culator_en


Example: you spend 30 days from the 1st January 2021 in XXX, you come back in England, then you still have 60 days left that you can use before the 1st July.

But in your case, as you've a resident card you don't care, no stamp in your passport and no one will bother you.
Except if you're really staying 1 year or even more in another schengen state than your current resident country and you do not start the administration process to move your current residency.

Desm0nd0

Logically and practically, once a person is inside Schengen, they can move freely.
It is clear that UK nationals no longer have automatic right of residence and of work, but as there are no border controls within the Schengen zone you can visit anywhere without restriction.
I'm expecting to travel like this anyway.  To/from the UK is another matter however!

PaulCoxall

Thanks for your comment, and I agree, nobody is likely to bother you/me moving arpund within Schengen. However, I am supposed to 'self police' and I don't like the idea that I would be breakin g the law simply by passing the Dutch/Belgian border more than twice a year.

PaulCoxall

Thanks for this. I still cant find any confirmation that the 90 days includes multiple entry. I believe its a once only visit up to a maximum of 90 days - then you must wait for 180 days before you return.

AlexFromBelgium

Well, let's keep it simple as it seems you're confused: nothing really change for you because you've a resident permit (Belgian E or E+ id card I believe)...


You're now exactly like my significant other (third-country) with resident permit in Belgium. You're an EU resident, no matter your nationality, so your right to freedom of movement is guaranteed by Article 21 of the Treaty on the Functioning of the EU.
(As long as you request to keep that right before the 31th December 2021 by applying to a new id card, like I said in my first message)


Which means she/you can travel like you want within EU like before, but you can't stay more than 3 months per 6 months period in another state without starting the administrative process to live there.
It was already the case before the Brexit, nothing change for you except for one thing: Before the Brexit your UK id card was enough to cross a border and to proof your identity. But now, you'll need your passport instead  + maybe the cover of your health insurance.
Same for EU people going to UK (starting from October 2021 as I can remember)

As you have a Belgian resident permit, that id card allows you to cross the "borders" and is way more "powerful" in access than your UK passport or a visa.
You can go every week-end to the Netherlands or whatever if you want and yes it's automatically multiple entries.
And no one will check that you exceed the 90d per 180d period............ like any EU resident/national.
For tourist purpose: EU national / EU resident permit > passport visa-free > visa


In case you don't have an EU resident permit, then with your visa-free UK passport, you've also automatically a multiple entry access, but then, the immigration will stamp your passport and check that you don't exceed the 90 days per 180d period.

SimCityAT

Desm0nd0 wrote:

Logically and practically, once a person is inside Schengen, they can move freely.
It is clear that UK nationals no longer have automatic right of residence and of work, but as there are no border controls within the Schengen zone you can visit anywhere without restriction.
I'm expecting to travel like this anyway.  To/from the UK is another matter however!


There are border checks on some countries in the Schengen zone.

PaulCoxall

Thanks Alex, I'm starting to feel less locked in!  Just a point to add, I have a Belgian ID Card but its not valid as a travel document - whereas a Belgian National can travel to the UK using his or her ID card I can not.  I once tried to board a ferry from Rotterdam to Harwich using my ID card - my Belgian and Dutch friends were all allowed to board the ferry using their ID cards but I was refused as my ID card did not qualify as a travel document.

SimCityAT

PaulCoxall wrote:

whereas a Belgian National can travel to the UK using his or her ID card I can not.


Not for much longer, they will not be able to travel to the UK with their ID card.

AlexFromBelgium

You're mixing things and it seems you don't understand yet how it is working~

In order to cross any border you need to:
* state your identity
* state your nationality
* add additional documents if need (visa, work permit, resident permit, passport with visa-free access, health insurance, ...).


Within EU, your UK id card or your passport will proof your identity and nationality for now.
No additional documents are required for UK to go in EU.
But soon, only your passport will be accepted as a proof of nationality & identity.


Your Belgian E/E+ card is only recognized in Belgium as an "identification" card (no one will ask you your passport in Belgium if you show that card, except commune/immigration and some other rare cases).
That card is a resident permit, meaning that you're allowed to stay in Belgium.
It is also considered as a travel document to cross any EU border and give visa-free access to some other countries (no matter the nationality), such as South Korea & else (you don't care about it with your UK passport...)

But you must also have your UK id card or passport to proof your identity & nationality, again, soon only your passport will be accepted.
I think that's the reason why you must have been denied... because you didn't show proof of your identity & nationality.


And as a UK, you should of course show your UK id card/passport to go back into your country, there's no point to show a Belgian resident permit...

SimCityAT

Alex, the UK doesn't have an ID card

AlexFromBelgium

damn I forgot.................. Thanks SimCity :P

@Paul: Bring your passport with you when you're traveling + the E/E+ card if traveling in Europe! :cheers:

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