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Post-Brexit residency rules for mixed nationalities

Post-Brexit residency rules for mixed nationalities

Old Apr 28th 2021, 1:22 pm
  #1  
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Default Post-Brexit residency rules for mixed nationalities

Apologies for the confused headline but I'm not sure how to phrase this.
I understand the changes post-Brexit for British citizens but what's the situation if a Brit is married to an EU citizen and lives in the EU and not the UK ?
I'm a Brit, wife is Irish and we live in Ireland.
We'd like to spend 6 months of the year in Spain.
Does the fact I have a British passport mean the 90/180 rule still applies even though my wife is Irish ?
Thanks.
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Old Apr 28th 2021, 1:59 pm
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Default Re: Post-Brexit residency rules for mixed nationalities

Easier but better to get Irish passport

https://europa.eu/youreurope/citizen...y/index_en.htm


EU Information

https://europa.eu/youreurope/citizen...q/index_en.htm

I am a non-EU national married to an Irish national and living in Ireland with him. I hold an Irish residence permit. We plan to travel to France together later this year. Do I have to get a visa to enter France or can I rely on my Irish residence card?

You will need a visa to enter France. Your residence permit was issued under Irish law rather than EU law as you are married to an Irish citizen and living in Ireland, (i.e. you are not exercising EU Treaty rights). However, since you will be travelling with your husband to France, your visa should be granted quickly and free of charge.


Unofficial Information

https://www.spanishpropertyinsight.c...their-spouses/
A citizen of the UK does in principle not require a visa to travel for a short stay of no more than 90 days within any 180-day period in the Schengen area.

The fact that you reside with your Irish wife in the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if you intend to travel on your own to a Schengen Member State.

However, if your wife is travelling with you to a Schengen country, or joins you in a Schengen country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with her will not be taken into account when you travel again on your own. Please be aware, however, that in this case you might need to have documentation to show on when you were travelling with her and when you were not.

For further information, we recommend that you contact the authorities of the country you would like to travel to, more info here and here.

Last edited by Moses2013; Apr 28th 2021 at 2:01 pm.
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Old Apr 28th 2021, 2:20 pm
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Default Re: Post-Brexit residency rules for mixed nationalities

I just read this message on another forum last night.I hope I am within the rules of this forum,posting it.I thought it may be useful.
I found that Googling the ETIAS shed some interesting light also

“You are Irish so still an EU citizen. The rule in Spain has ALWAYS been that everyone needs to apply for residency if staying longer than 90 continuous days. They legal way for an EU citizens to get around this for longer stays is to leave Spain for a weekend towards the end of the 90 days and when they arrive back in Spain the clock resets back to day one. However, there is a Spanish law that says stay 183+ days in any year and regardless of your status, (ie resident or not), you are required to file a tax return and pay due tax on worldwide assets.

As the spouse of an EU citizen your husband has the same rights as you when travelling with you. The 90 day rule has not been enforced for EU citizens but the introduction of ETIAS next year has the potential for that to change.

So, in conclusion, no, you are not bound by the 90/180 day rules, you are still bound by 90 days max per stay and the 183 day tax rule.”
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Old Apr 28th 2021, 6:07 pm
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Default Re: Post-Brexit residency rules for mixed nationalities

My partner and I are in a similar situation. As of last year, I am lucky enough to have an Irish passport but my partner (we have a legal civil partnership) is a UK national.

I have written to the EU for further clarification but so far, they have informed me that if my partner is travelling with me, they are NOT restricted to the dreaded 90/180 day restrictions. I would like to know more about it ie will my partner have their passport stamped (we are resident in an EU state which would have some bearing on that) and what supporting documentation would be needed at borders etc but I am still waiting for a reply.

I will post again when I hear back from the EU.

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Old Apr 29th 2021, 1:32 pm
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Default Re: Post-Brexit residency rules for mixed nationalities

You can find all info on europa.eu.

You need to carry marriage cert as proof when crossing border with your partner.
You partner must cross border with you, i.e. if your partner exits Schengen without you, non-EU partner will be in trouble.
Point being, you both must exit at same time if that is way you entered Schengen.
About stamp, no there shouldn't be any, as its exercise of free movement, but some border guards like to stamp anyway.
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Old Apr 29th 2021, 10:31 pm
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Default Re: Post-Brexit residency rules for mixed nationalities

Article 11

Stamping of the travel documents

1. The travel documents of third-country nationals shall be systematically stamped on entry and exit. In particular an entry or exit stamp shall be affixed to:

(a)

the documents, bearing a valid visa, enabling third-country nationals to cross the border;

(b)

the documents enabling third-country nationals to whom a visa is issued at the border by a Member State to cross the border;

(c)

the documents enabling third-country nationals not subject to a visa requirement to cross the border.

2. The travel documents of nationals of third countries who are members of the family of a Union citizen to whom Directive 2004/38/EC applies, but who do not present the residence card provided for in that Directive, shall be stamped on entry and exit.

The travel documents of nationals of third countries who are members of the family of nationals of third countries enjoying the right of free movement under Union law, but who do not present the residence card provided for in Directive 2004/38/EC, shall be stamped on entry and exit.
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Old May 7th 2021, 12:40 pm
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Default Re: Post-Brexit residency rules for mixed nationalities

I have received the following reply from the EU:


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.
*******

Obviously if your non-EU partner is an EU resident they will not have their passport stamped.

Last edited by Lou71; May 7th 2021 at 12:44 pm.
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