Can I continue stay in Greece longer than the Schengen 90 days in 180?

Hello
I have an enquiry as to my rights to remain in Greece.

I'm currently in Greece with my defacto partner of 7 years (who has dual Greek & UK citizenship) and with our 3yo son. We came here pre the covid-19 lockdown to be close to her mother who has bad health.

I'm concerned despite information supplied by Greek authorities that I may breach my entitlements which will have implications later on when travelling in and out of Greece.

I'm a NZ national with a 2.5 year UK settlement Visa/residence permit (partnership based, leave to enter and work permitted for the United Kingdom).

We attempted to extend my schengen entry visa but were informed by the Greek Athens Passport Police and the Patras Alien Police that I'm not bound to any time limitations by which I can depart/enter the Schengen area and can travel freely between Greece and the United Kingdom.

Basically they wouldn't give me a schengen Visa extension (as allowed for during the pandemic) because it was unnecessary due to my UK long term visa.

Their interpretation is that I'm here not on a schengen visa at all, but here with the same rights of a UK citizen because I have long term stay Visa for the UK (until Brexit transition is concluded).

However, if they are incorrect then I will breach schengen allowances in two weeks. But I can't get them to give me anything in writing to confirm their version of my rights.

Can anyone please clarify if they are correct or am I putting myself at risk for the future?

Many thanks in advance.

BenNZ wrote: ↑

Mon May 25, 2020 1:42 pm

Basically they wouldn't give me a schengen Visa extension (as allowed for during the pandemic) because it was unnecessary due to my UK long term visa.

Their interpretation is that I'm here not on a schengen visa at all, but here with the same rights of a UK citizen because I have long term stay Visa for the UK (until Brexit transition is concluded).

However, if they are incorrect then I will breach schengen allowances in two weeks. But I can't get them to give me anything in writing to confirm their version of my rights.

Hi,

I am 'almost' sure that the Police are not right in this instance. It is not unheard of for Police (in Schengen Area) and sometimes border officers to mix up Schengen visa policy guidelines. Your stay in Greece is purely on Schengen visa free policy (90 days) bestowed upon citizens of New Zealand. You UK residence visa/status has no basis unless you have residence under the Article 10 of Directive 2004/38/EC (basically saying that you are the 'Family Member of EU/EEA citizen').

There is a work around for those that couldn't head out of the Schengen Area during the pandemic and possibly overstay their 90 day limit. The summary of the guideline [check on visa applications and overstay section] stipulates that "Member States should issue a long-stay visa or a temporary residence permit to short-stay visa holders and those travelling visa-free who are compelled to stay beyond 90 days in any 180 days." You would probably be better off if they give you a long-stay visa. In addition, boarder officers would definitely give you an 'exception' when heading out - therefore no penalties.
In Greece, you will need to go to the Aliens’ Bureau located Athens, Thessaloniki, Patra, Rhodes and Iraklion. If they keep saying the same (UK long term visa), I will suggest that you ask them to put it in writing with stamps to avoid issues later.
You can also print the whole guideline and show them number 4.

Hopeful this helps.

Hi
Thanks so much for the reply and the detailed information. We continued doing research after posting the enquiry. As you stated it appears that you are correct and the as far as the Greek authorities are concerned I'm entitle to remain under the terms of Article 10 of Directive 2004/38/EC. I understand unmarried couples are attributed the same rights providing they can prove their relationship. They viewed my UK Partnership/Family settlement VIsa as sufficient evidence but also accepted my name on our son's birth certificate.
It's important to note that my partner used her Greek ID when we entered Greece - I understand that if she had used her British passport schengen rules would have applied.
Does that sound plausible to you?
Thanks again very much for your response.
Cheers
Ben

Hi,

There are almost three laws/policies that are at play with your case:
1. Schengen policies
2. EU/EEA laws
3. National laws of Greece.

Usually since Greece is also a member of Schengen area, there are some overlapping regulations. As far as I know since you have lived together with your partner (who is also Greek) in another EU country (in this case UK), they can use that basis to follow the Article 10 of Directive 2004/38/EC. It's sometimes complicated to follow through national laws within Schengen Area especially for an instance like yours and the ability (baring any further closure of borders due to Covid-19) to exit from any border in Schengen area.

Still the current situation is unusual and hence enforcing some of policies will definitely bear a greater degree of leniency. Moreover, it is better to have clear picture from the authorities though I guess you wont have any issues when leaving.

Hi again.
I really appreciate the info – I'll take the info you have given me and read it through carefully to be sure of our rights. My primary concern was for future re-enty to Greece should we violate the rules. It's certainly pretty nerve wracking in this time. The Greek authorities are helpful to a degree but tend to be unwilling to put things to paper, which always makes me nervous (it's just how things roll here) and then the UK authorities were basically non-existent over this period (When I finally tracked someone down they were nice but were unable to offer much advice).
Weirdly in our investigations we discovered that according to UK authorities I'm also eligible for a Lounes Visa which would be a big help upon return to the UK because my original 2.5 year visa originally applied for in New Zeaqland expired in March 2021, so if you have additional tips for that it would greatly be appreciated.
It's fantastic that people like yourself step up to help with advise like this.
Thanks again.
Ben

PS. This is one of the web references we found beneficial (it may help other people?).
It would be interesting to know what you think.
https://europa.eu/youreurope/citizens/t ... dex_en.htm#
The clincher seemed to be that when my partner and I entered Greece she had to do so using her Greek ID or Passport (as opposed to here British Passport), otherwise Schengen would have applied????
We found the point of law referencing the rules for EU citizen partners on many official sites but it tended to use the words "may be permitted to remain without a schengen visa" (the word "may" was worrying). But this questionaire seemed to indicate that we are OK in alignment with what Greek authorities has told us.
The end result of the form in our case seemed to be consistent with Article 10 of Directive 2004/38/EC.
We hope...