EU Residency Rules for Short Stays
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Schengen Area changes were initiated in 2019 but implemented only post Brexit.
Multiple changes are having a wide ranging impact in Cyprus and across the EU. These changes would have been introduced with or without Brexit.
Cyprus has applied to join the Schengen Area and in July 2023 completed 5 of 6 steps to entry meaning by the end of 2023 Cyprus could be joining Romania and Bulgaria into the Schengen Area.
While the Schengen Area Short Stay rules have a direct impact on travel they are also driven by other considerations for the EU, customs, border security, and police cooperation against crime.
The Schengen Area is all about protecting the integrity of the EU from criminal activity including illegal stays. This is enforced using police cooperation, information exchanges and using the short stay rules when expats are crossing a border into the EU.
This involves using technology for exchange of information between Schengen Area countries, not just financial, but also identity, border crossings and criminal records.
As your big brother would say while watching you on his TV, âtax and residency are crimes that treat all people the sameâ and can be tracked using technology.
INTERNATIONAL SHORT STAY RESIDENCY RULES
Under international law generally 90 day short trips are allowed for business, holiday or family visits.
Each country can then make its own rules and apply them in the way they choose as a sovereign country. Two countries can agree to visa free travel across borders.
Currently any individual only needs a passport for visa free travel to cross a border into the EU.
After a short stay up to 90 days, a traveller in Florida could complete a 90 day stay there, travel 50 miles to the east to the Bahamas for a weekend and return back to the USA up to another 90 days.
If a visa is required then usually this has to be obtained before you enter any country around the world.
Different visa applications are required depending upon the purpose and period of stay .
Generally if more than 90 days travel is required, with one or multiple trips then the visa could cover the period of the visit, or a fixed term period of say 6 months or a year.
Beyond a year a longer term resident permit or visa is required, usually requiring a capital investment in business, property or a contract for a period of work, or study.
SCHENGEN AREA - ICING ON TOP
The EU is not a sovereign country and does not directly control a member states visa, residency and tax rules. However EU membership means countries need to agree and follow EU membership rules and requirements.
EU freedoms are a key principle allowing movement of capital, trade, services and people. This in turn creates EU centric issues that need to be addressed.
The Schengen Area was introduced in 1985 separately from the European Communities (EC), the predecessor of the EU, after consensus between the EC member states could not be reached on the abolition of border controls and is designed to âprotectâ freedom of movement within the EC.
The Schengen Agreement introduced the constraint that you could only spend 90 days in the Schengen Area during a 6 month period.
This is different to the international short stay rule and the cause of complications.
Within the Schengen Area the principle is that 90 days are the maximum amount of days you can spend in a country in any 6 month period.
Any non EU traveller into Cyprus or other EU Country could travel into the EU for a short stay of 90 days then leave.
Without a Schengen Visa or Resident Permit, that non EU Traveller will not be allowed to travel back into that EU country until after 180 days.
CLOSING THE DOOR ELECTRONICALLY
Generally EU travellers can move freely throughout the EU - always having their registered Identity card available for inspection.
In Britain there remains no requirement for an ID card to be held by citizens.
Internationally people can travel across borders using passports.
The Schengen Area and UK are separately both introducing Electronic Travel Authorities for international short stay travel known as ETIAS & ETA respectively. This exists for other countries such as the USA (ESTA) & Australia already & provides a cohesive online technology solution for the EU to control their external EU border and internal State Borders.
An electronic travel authority is obtained online and needed before checking into flights. Airlines won't let you board without a valid electronic travel authority, customs and border controls will block your journey.
If youâre leaving Cyprus and over extending a stay, you could be subject to a fine by the border police, and could lead to black marks against future travel into Cyprus.
SCHENGEN AREA
The Schengen area includes most EU countries, but not all.
The Schengen area also includes non EU countries as well such as Switzerland , Liechtenstein, Iceland and Norway.
European city states like the Vatican, Monaco are not in the EU but have open Schengen borders.
Gibraltar, a British Territory, is in the Schengen area but not in the EU by special treaty.
Remoter Islands are with European sovereign connections like Canary Islands, Madeira are in the Schengen area.
Greenland, a âdistrictâ of Denmark with its local government and MPs, is not included in the Schengen zone - Greenland left the EU in 1985 as Schengen was being created.
Greexit was 30 years before Brexit.
CHANGES REQUIRED
The EU Short Stay Rule 90 in 180 days restricts the rights of expats Living and Working Abroad to stay in their Schengen area property for family or business reasons without longer term stay visas or residency rights
From 2024 the European Travel Information & Authorisation System (ETIAS) will be required travel into the Schengen area for visitors who are from visa-free countries such as the UK, USA & Australia. Expats or travellers with long term residency permits, permanent residency, EU citizenship or Schengen visas wonât need ETIAS.
The enforcement of short stay rules wonât be pretty from 2024 with the UK also introducing their own version for visitors to the UK.
EU citizens and resident permit holders will not need an electronic travel authority, they should not be subject to short stay rules.
Those with an Schengen visa wonât need the electronic travel authority but are subject to short stay rules in other countries than their primary country of stay.
Visa free travellers to the EU will need the ETIAS and it will enforce short stay rules.
Breaking EU short stay rules could mean being refused boarding or border crossing or fined for an overstay on the way out - with future entry being refused as a sanction available through electronic means.
Expats with pre-Brexit stays in Cyprus, owners of local property in Cyprus, or job seekers in Cyprus can apply for a Resident Permit and in time Citizenship to avoid Short Stay restrictions. Family can be added, but action is required.
Shorter term visas can be obtained to allow extended stays in a year without owning property or working in Cyprus, including working abroad.
Consider if you want the freedom for longer stays for residence, second home, family, property or business.
ProACT Partnership offer a free review to consider if you need a residency permit or visa to continue to enjoy Living and Working Abroad
â> Read more about residency rules in the EU and Schengen Area
