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rule schengen passport

Schengen passport rule
#1
I have now got an Irish passport. My wife has a UK passport.

Coming for the first time in March on my Irish passport with my wife on her UK passport.

I have checked with the EU that my wife, as long as she is travelling with me any days do not count regarding the 90/180 day rule.

When we normally arrive on Fuerteventura on our UK passports, we get stamped in & stamped out. I assume that when that happened the computer system clocked the days & added them to our Schengen allowance.

Was wondering if anyone has travelled with an EU passport & a spouse or family member & experienced what the protocol is when entering & leaving.

Do we both inform the border guard on entry, that one of us is an EU citizen & the other isn`t?
Does the non-EU passport still get stamped?
Do I just hand over both passports & the border guard works it out themselves?
When we depart, can we both use the EU electronic gates (if they are working) or both go through the gate with a border guard for non-EU citizens?
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#2
Whoever told you that your wife would not be subject to the 90/180 day rule is wrong. As she holds a U.K. passport and does not have Spanish residency she will definitely be subject to the 90 day rule. Sorry to disappoint.
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#3
You say that you checked with the EU. Can you be more specific in the source please? Was it in writing, or verbal?

I know a couple who are opposite to you, she is on an Irish passport, he on a UK passport (application for Irish nationality in progress). They travel through the " British" channel, ie gates 1 to 4 leading to Passport Control. His passport stamped everytime and once the Irish passport stamped (don't think the Police officer realised it wasn't a UK passport). They were told he was subject to the 90/180 day rule, but she isn't.

Tom.
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#4
Page 20 of the Practical Handbook for Border Guards is useful (search on ec.europa.eu) and if you need further reassurance, email the EU Contact Centre (european-union.europa.eu/contact-eu); you should get a response confirming the rules within three working days.



Article 2
Definitions
For the purposes of this Regulation the following definitions apply:
1.
‘internal borders’ means:
(a)
the common land borders, including river and lake borders, of the Member States;
(b)
the airports of the Member States for internal flights;
©
sea, river and lake ports of the Member States for regular internal ferry connections;

2.
‘external borders’ means the Member States’ land borders, including river and lake borders, sea borders and their airports, river ports, sea ports and lake ports, provided that they are not internal borders;
3.
‘internal flight’ means any flight exclusively to or from the territories of the Member States and not landing in the territory of a third country;
4.
‘regular internal ferry connection’ means any ferry connection between the same two or more ports situated on the territory of the Member States, not calling at any ports situated outside the territory of the Member States, and consisting of the transport of passengers and vehicles according to a published timetable;
5.
‘persons enjoying the right of free movement under Union law’ means:
(a)
Union citizens within the meaning of Article 20(1) TFEU, and third-country nationals who are members of the family of a Union citizen exercising his or her right to free movement to whom Directive 2004/38/EC of the European Parliament and of the Council (21) applies;
([b]b)
third-country nationals and their family members, whatever their nationality, who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens;
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#5
Sorry, but you are both wrong.

It's true that you can go through the EU channel with your wife and that her travel with you doesn't count towards her "90 in 180 days" limit for stays in Schengen countries in Europe. I've found it possible to get granular details on this from an official EU source on page 20 of the Practical Handbook for Border Guards (search on ec.europa.eu) and if you need further reassurance, email the EU Contact Centre (european-union.europa.eu/contact-eu); you should get a response confirming the rules within three working days.
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#6
(29-01-2024, 08:20 AM)Alberto Wrote: Whoever told you that your wife would not be subject to the 90/180 day rule is wrong. As she holds a U.K. passport and does not have Spanish residency she will definitely be subject to the 90 day rule. Sorry to disappoint.

Who told you that this was possible?

Go to the EU (details below your post) I suspect that whoever your source is they have not done their research.

Even the border guards don`t know the rules. Which is why I have clarified with the EU directly. I have also got printouts from the EU to use at the border gate & a contact number if I am at the border to ring the EU to teach the border guards the rules. 0080067891011 (EU Direct).
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#7
Seems that the Fuerteventura border guards may not know the rules about family members travelling with an EU passport holder.

Let me clarify for others.

As long as you are a spouse or family member (child) & you enter a Schengen country with any person who is an EU passport holder, you can do so without it adding to the 90/180 days you are allocated. If you are staying for longer than 180 days you must apply for the necessary paperwork.

Please note that non-EU passport holders when entering a Schengen country without an EU partner will have any days in a Schengen country counted towards their 90 days.

Still hoping that someone has passed through the border by air on Fuerteventura with an EU passport & non-EU passport family member & not had difficulties. I am still confused about how the EU computer system identifies that the non-EU family member doesn`t get any days added to their 90/180 days when travelling. I am in contact still with the EU regarding this issue. It may be that the new computer system, they have been trying to install throughout Schengen was supposed to deal with this. However, the rules are written in EU law which is why I have everything in paperwork.
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#8
I was very interested in reading this post as I have a UK passport that soon has to be renewed.

I can qualify for an Irish passport as my father was born in Ireland but have been told that Ireland is not part of the Schengen area.

We own a property in FV but have no intention of applying for residency, but find the present 90/180 rule restrictive.

After reading the above posts I am more confused than ever!
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#9
(29-01-2024, 10:53 AM)Nemo4 Wrote: I was very interested in reading this post as I have a UK passport that soon has to be renewed.

I can qualify for an Irish passport as my father was born in Ireland but have been told that Ireland is not part of the Schengen area.  

We own a property in FV but have no intention of applying for residency, but find the present 90/180 rule restrictive.

After reading the above posts I am more confused than ever!

You have an automatic right to an Irish Passport as you can get one using your father. I had to go through my grandparents. Took me 15 months as had to use the Foreign birth register which certified me as a citizen (got a nice Citizen certificate) then applied for a passport.

As I explained in another post you have the right to enter any Schengen country with your wife even with Ireland not being in Schengen (when/if you get an Irish passport). With an Irish passport you are an EU citizen so have the same rights as any other EU citizen.

Like you, I have a property. If you decide to sell you will pay 24% capital gains if you are a UK citizen but 19.5% if you are an EU citizen. So another benefit. My title deeds are in my wifes' name as well as mine so I need to see a Spanish solicitor to see if it is worthwhile making me the sole name on the deeds (but in no rush to that).

You say you are confused. Don`t listen to people who have not gone to the source. Use the links I have posted & go to the EU & ask the questions you need to ask.
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#10
(29-01-2024, 10:53 AM)Nemo4 Wrote: I was very interested in reading this post as I have a UK passport that soon has to be renewed.

I can qualify for an Irish passport as my father was born in Ireland but have been told that Ireland is not part of the Schengen area.  

We own a property in FV but have no intention of applying for residency, but find the present 90/180 rule restrictive.

After reading the above posts I am more confused than ever!

Just to add you mentioned your UK passport is due for renewal. I have dual nationality as I decided to keep my UK passport. We travel all over the world & if in an emergency we need to be repatriated, having an EU passport & a UK passport would allow us to use whichever passport to get us out of the emergency.

However, remember if you get in a plane & get hijacked the first people they shoot are the Americans & Brits, just wave the Irish passport everyone loves the Irish!
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