Hello,

I am a US Citizen and a UK Resident with an Article 10 EU Family Member Card and Settled Status.

I am confused to whether the days I spent in the EU in late 2020 count towards the total number of 90 days in a 180 day period in the Schengen Zone, as Non-EU Family Members of EU citizens have right to free movement. I understand my Article 10 EU family member residence card from the UK is no longer valid from 2021 due to Brexit.

I visited Switzerland with my EU partner (Irish) in November 2020 for 10 days. I travelled to Switzerland again in January 2021 and have been there consecutively for 50 days.

Are the days I was in Switzerland in November (travelling with Article 10 card) counted towards the maximum 90 days allowed in the Schengen Zone, or in Switzerland?

From what I understand, because I held an Article 10 EU Family Member residence card from the UK in 2020, I was able to travel throughout the EEA with my EU partner without time restrictions due to freedom of movement. In this way, I would assume that the time I spent travelling in Switzerland and other Schengen countries in late 2020 will not effect the 90 days I wish to stay in Schengen Zone/ Switzerland in 2021. Am I understanding this correctly?

Thanks in advance!

Welcome to the Forum.

I have no idea but since you posted this the other day and there aren't any responses, have a bump.

Yes, they count.

Tom

There is no difference between Schengen and Switzerland since Switzerland is part of the Schengen agreement; the 90 days limit applies to all countries in Schengen.

My guess is you are correct that the time spent in 2020 won't be counted.

If you had freedom of movement due to living in an EU country up until the end of 2020, then those days won’t count. Anything that’s changed due to Brexit starts from 2021.

Thank you for your responses!!!

Switzerland is part of the Schengen but not part of the EEA, that is why I am confused about my rights to stay in Switzerland in 2020 under the Article 10 EU family member card.

For example, for Third Country nationals, who would typically need a visa to enter Schengen, the Article 10 card would override this and they would be able to travel to Schengen visa-free as EU family members. However, from what I understand, Swiss rules state they would still need a visa even with Article 10 card.

As I'm from the US, I don't need a visa to enter Schengen but I'm still concerned that in general Switzerland does not acknowledge Article 10 EU family member rights to free movement.

I would like it to be the case that time spent in Switzerland in 2020 with Article 10 card won't count towards the 90/180 days in 2021, but wanting doesn't always make it so!

what are you doing in Switzerland?

Switzerland operates on the EU freedom of movement rules. If you have/had FoM in the EU, then it includes Switzerland.