SanNico

The stamps are largely irrelevant nowadays. Each country has their own database which is shared with other countries, certainly within the EU. When you enter they scan your passport, see you are not a resident and stamp your passport, when you leave they scan the passport, see you are a tourist, search for the entry stamp to put the exit stamp next to it. When residents leave Spain, they scan the passport, ask for their residency documents and wave them through and vice versa. Yes, you are supposed to present them at the same time but I have forgotten to do it before and they simply asked me for my card.

For sure there are many stories of people having their passports stamped inappropriately because the border official hasn't looked properly, hence it's best to hand over both documents at the same time.

For anyone having difficulty figuring out their dates, they would be very rare. There can't be that many people close to their 90 day limit without having first worked it out for themselves. Even if they can't remember they would have flight confirmations on email, airline accounts and phone apps.

Fred James

I was pointed to this site, which suggests that it is possible to travel with an EU spouse and that the 90/180 day rule will not apply.

https://www.citizensadvice.org.es/sc...f-eu-citizens/

agree_to_disagree

I wonder how that works if you are a dual passport holder.

Are they linked in the computer system?

For example you enter the UK on your British passport and use your EU passport when you enter Spain.

Could that lead to problems?

I imagine when they scan your passport at the airport it showns all your toing and froing in and out of the country.

All the immigration guys would see is one direction of travel, on a given passport.

Lou71

Not according to this. I received this reply from the EU:

********

"Thank you for contacting the Europe Direct Contact Centre.Under EU rules, you have the right to travel together with your core family members (non-EU spouse, children, dependent parents or dependent grandparents) to an EU country other than the one you are a national of. If you have moved to another EU country, they can also join you there. These rules also apply to your non-EU registered partner if the country they are travelling to considers registered partnerships as equivalent to marriage.

Your non-EU family members must carry a valid passport at all times. When entering Schengen your registered partner's passport will be stamped and they may travel within Schengen with you without needing another stamp within Schengen.

Read more about your non-EU family members' residence rights if they move with you to another EU country.

United Kingdom citizens do not need a visa to travel within the EU for up to 90 days out of 180 and should not be required to prove residence. While you are traveling together and have a document to prove your legal partnership then the 90 days rule does not apply. For documents accepted as proof of residence please contact the national authorities / embassy of the member state.
We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions."

​​​​​​********

Most EU states recognise civil partnerships, it's only a few in Eastern European who do not.

It clearly states that non EU partners are exempt from the 90/180 day travel rule and obviously they are exempt from the dreaded third country residency process.

EU nationals have special rights and privileges. It's cold out there as a third country national.

Stingychips

There are so many obvious flaws. What happens if you fly into Spain and drive into France. No customs checks .

Stingychips

so you could declare that you are in relationship with a European national and then that entitles you to pretty much stay in the schengen visa free ?. It’s becoming comical all this.

agree_to_disagree

I guess when you come into the Spain the clock will start ticking when you entre the country. However, if there is no exit date on record as to when you left Spain, I guess you could be challenged when you try to re-entre Spain or leave Spain via passport control as to what exactly your movements were. You might be required to provide evidence of this, flight tickets, bank account purchases, email confirmations of booking or reservation. We can all do this from our phone now in seconds so no excuse to provide this on the spot, if challenged. However, I think this is all very unlikely... Not heard of it happening! However, the inescapable fact remains that for Brits who overstay their welcome, they become 'illegals' and there are penalties for this. A Brexit reality!

christmasoompa

It does say that you need to be travelling together and 'have a document to prove your legal partnership', so I don't think just declaring a relationship would work somehow……...

Lou71

No, you have got to prove they are your partner (not just any old relationship) if you do not have a formal civil partnership. The term used by the EU is durable partnership. This would mean providing proof like joint bank statements, house deeds etc. at borders and at the town hall if applying for residency.

Personally, I don't find Brexit comical, I think it's a disaster.

agree_to_disagree

Unmitigated disaster!!!

Moses2013

Why comical? It's on the EU website and all clear: https://europa.eu/youreurope/citizen...s/index_en.htm
https://europa.eu/youreurope/citizen...s/index_en.htm

Otherwise that would be fraud and doesn't entitle you to anything.

bobd22

Is that a flaw? It's time in the Shengen zone not in a specific country. I would imagine? Any Shengen zone border with a non Shengen or non EU country will have border checks?

Red Eric

Do you really mean customs checks? Or do you mean border checks on people?

No there are no customs controls. We're in a customs union, so customs checks occur at the external borders only, not at the borders between the participating member states. Free movement of goods.

No, there are no border checks on people within the Schengen Area. You are checked when you enter the Schengen Area and if not resident, your passport is stamped. You can then move freely about within the entire area, not just the state you entered through. Free movement of people. When you leave the Schengen Area, your passport will be checked again, whichever state you leave from. If you have spent more than your permitted 90 days in 180, a sanction will be applied.

One big external border with multiple points at which your entries and exits are monitored - you can't legitimately get in or out of the area without passing through passport control, whatever your mode of travel. Where's the flaw in that?

SanNico

I was trying to do a multi quote but it's beyond my techncial ability.

For the dual passport holders you're supposed to use the same for entry and exit but nothing is stopping you playing a pointless game. It's an academic point though as if you had an EU passport you would be an EU citizen and not be subjected to the penalties of Brexit. If you had 2 non EU passports then you would still have the rule applied, regardless of which you presented upon arrival.

As for flying to Spain and driving to France without a check, that's because the rule applies to the Schengen zone, not 90 days per country within it.

I don't know why people keep looking for more workarounds. There are 2 workarounds. Become a resident or get an EU passport.

agree_to_disagree

Using a UK and Schengen zone passports is simply a practical point. You avoid the queues and delays. Is there a law that probhibits doing this?