Does travelling with an EU/Swiss spouse affect the Schengen 90/180-day rule for British citizens?

Reader question: I am a British citizen and my wife is Swiss and we have a holiday home in France. My understanding is that, as long as I travel with my wife, I may be treated as a family member of an EU citizen for immigration purposes. I also understand that while I can stay up to 90 days in any 180-day period in the Schengen Area, I may be able to structure my visits as two separate stays (for example, 8 weeks in May/June and 8 weeks in September/October), provided the rules are applied as I understand them.

I have two questions: When I leave France at the end of October, what will happen if the system determines that I have exceeded my permitted stay under the 90/180-day rule?  

When entering and exiting France with my wife, am I allowed to use the EU/EEA/Swiss passport lanes alongside her, or must I use the non-EU channel as a British citizen, even when travelling together?

If your partner is a Swiss or EU/EFTA citizen with free movement rights, and you are travelling with them or joining them in an EU country other than their country of nationality, you may be treated as a family member under EU free movement rules.

Different rules, however, apply to people from countries where a visa is normally required to enter the EU. For example, a Russian, Indian or Chinese citizen may still need a visa even when travelling with their EU/Swiss spouse, although they may qualify for a simpler visa process as a family member.

Where this applies, you are registered in the Entry/Exit System (EES) as a family member rather than as a standard short-stay visitor, and the automated 90/180-day calculator does not operate in the usual way. Reduced retention rules also apply to your data in the system.

However, this does not amount to a general exemption from the 90/180-day rule, and it does not in itself guarantee extended or unrestricted stays. If you remain in a single Member State for more than three months, you must normally register your residence and formalise your right to stay under the applicable EU free movement rules. 

This can include applying for a residence card and providing proof of your family relationship and your EU/Swiss spouse’s residence rights.

When leaving France or the Schengen area, the system may therefore not process your travel in the same way as it does for standard short-stay visitors, but compliance with EU free movement rules and national residence requirements still applies.

Regarding your second question: when travelling with your Swiss spouse, you are generally allowed to use the EU/EEA/Swiss passport lanes.

It is advisable though to carry proof of your relationship, such as a marriage certificate, in case it’s requested at border control.