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I am a UK citizen married to a Dane. We've been married for 37 years and have lived in the UK since we married. Previously my Danish wife lived in Denmark. She is a Danish citizen. I have looked on Danish government web sites to see if I can stay with my wife in our summerhouse in Denmark for more than 90 days and less than 180 days in the same year but we do not fit any of their categories. We are both retired. I have read on this site, a question a few years ago, that article 2 of the Schengen agreement allows the husband of his EU citizen wife to accompany her by right. Is this correct and where can I find the evidence post Brexit?

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  • Have you looked at gov.uk/transition – Traveller May 6 at 18:57
  • Traveller i can’t find any info there. – gnasher729 May 8 at 12:55
  • Traveller, that site is all from the point of view of the uk government. As far as the uk government is concerned, he can go anywhere in the world. – gnasher729 May 9 at 13:29
  • @gnasher No, it is intended to help UK citizens figure out what has changed since Brexit relative to their personal circumstances. Granted it’s not a complete ‘checker’ of every aspect of the changes. – Traveller May 9 at 15:50
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As far as the UK is concerned, you (UK citizen) can go anywhere in the world and return to the uk, Covid rules excluded. If your Danish wife has settled status, she can leave less than five years and return. If sh has pre-settled status, she loses that if she leaves for two years, and she won’t be able to convert it to settled status if she leaves for more than six months. That’s the uk side.

For the Danish side, your wife is free to travel to Denmark or to any other EU country. You don’t have the right anymore to enter as an EU citizen, but possibly as a husband under “free movement” rules. I don’t know details, so you’d best check with the Danish embassy. “Free movement” is intended for people working outside their own country, so being retired might be a problem. And some countries, like Germany, don’t apply “free movement” rules to their own citizens; the uk didn’t either. That might or might not be a problem with Denmark.

Finally, you might be able to get just a visa for Denmark if you apply. That would be decided by politics. And embassy employees might be more helpful if one of their own citizens calls in their own language.

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  • '"Free movement" is intended for people working outside their own country": that's incorrect. Free movement grew out of free movement of workers, but it is now much broader and is available to retirees. The problem here is that free movement doesn't apply in general to family of a country's own citizens, and it's not clear how the exception for those returning to their country from another EU country applies in light of Brexit. – phoog May 10 at 6:04
  • There's still the possibility of the Surinder Singh precedent in other countries, e.g. it does apply if you've been out of your country already – SztupY Jun 8 at 16:10

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