Possible Length of Stay in Switzerland, Non-Eu Family Member, 90/180 days

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 I understand my Article 10 EU family member residence card is no longer valid from 2021 due to Brexit.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!

Hello

Your understanding sounds right to me.

Did they stamp your passport at all?

I have never seen a Schengen country bothering a US citizen about the 90 days. When they do it, it's for visa nationals where they can sometimes go through the passport, page by page, and check stamps to see how long they stayed in total.

Also, if you travel with your EU sponsor, there is no time limit (if your sponsor is EU citizen)

Hi,

Thanks for the reply!

Yes, my passport was stamped in Switzerland when I traveled from the UK and then I was given an exit stamp in Amsterdam when I flew back to UK in 2020. Likewise, my passport was stamped in Switzerland when I flew there earlier this year.

I was surprised my passport was stamped leaving Amsterdam, but I assumed it was because I was leaving the Schengen Zone, although in previous trips throughout Schengen in 2020 I did not get stamped when entering or exiting while travelling with Article 10 card.

Perhaps what I'm most confused about is whether Non-EU Family Members have the right to travel over 90 days throughout the EEA area with their EU family members... If so, then the time spent travelling in Schengen in 2020 should not be calculated in the 90 days timeframe incurred in 2021 (without article 10 card).