Grandad's Parents Names

Voyager2002

Spaceace said:

DullGreyGuy said:

Spaceace said:

If you are the holder of an EU passport your wife is allowed to join you in the EU passport line even though she does not hold an EU passport.  In addition, any days she spends with you in Europe do not count towards the 90 days in 180 limit for stays.

Do you have a link to a formal site for this? Looking at Europa.eu its not particularly clearly written on a number of levels but non of it talks about the stay being outside the normal 90 day limit. 

The regulation is EU 2016/399
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399

Article 2.5(a) defines the status of (third-country national) family members of EU Citizens as 'persons enjoying the right of free movement under Union law'

Article 2.6 defines a 'third-country national' as a non Union citizen who does not fall under Article 2.5 (above) i.e. not a family member of an EU citizen.

Article 6 sets out the 90 days in 180 provisions relating to third-country nationals but, by virtue of Article 2.6 (above) these do not apply to the family members of an EU citizen exercising their right of free movement.

Article 10.2 sets out the right to use EU channels at borders by persons enjoying the right of free movement (see Article 2.5(a) above).

Naturally, all these rights are only applicable where the third-country national family member accompanies the EU citizen and not when they travel into, or stay independently, in the EU.

To put all this into everyday language...

The EU law on freedom of movement means that anyone who is a citizen of an EU country has the right to live and work in any other EU country, together with members of their immediate family. So with your Irish passport you can turn up at the airport in Spain, Germany... enter the country by right, go into town and register as a resident at the local town hall and get a job in a bar or any other job that is offered to you. Your spouse and children have the same rights, whether they are travelling with you or coming out later to join you there. 

This is not just a question of joining a different and faster-moving queue at the airport: it means that the rules about booking accommodation and carrying sufficient money would not apply to you, nor would you be required to obtain (and pay for) electronic travel authorisation once that comes into force.

And maybe one day you might want to retire to Spain: much easier with an EU passport.

All in all, well worth a little trouble now.

DullGreyGuy

Spaceace said:

DullGreyGuy said:

Spaceace said:

If you are the holder of an EU passport your wife is allowed to join you in the EU passport line even though she does not hold an EU passport.  In addition, any days she spends with you in Europe do not count towards the 90 days in 180 limit for stays.

Do you have a link to a formal site for this? Looking at Europa.eu its not particularly clearly written on a number of levels but non of it talks about the stay being outside the normal 90 day limit. 

The regulation is EU 2016/399
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399

Article 2.5(a) defines the status of (third-country national) family members of EU Citizens as 'persons enjoying the right of free movement under Union law'

Article 2.6 defines a 'third-country national' as a non Union citizen who does not fall under Article 2.5 (above) i.e. not a family member of an EU citizen.

Article 6 sets out the 90 days in 180 provisions relating to third-country nationals but, by virtue of Article 2.6 (above) these do not apply to the family members of an EU citizen exercising their right of free movement.

Article 10.2 sets out the right to use EU channels at borders by persons enjoying the right of free movement (see Article 2.5(a) above).

Naturally, all these rights are only applicable where the third-country national family member accompanies the EU citizen and not when they travel into, or stay independently, in the EU.

So in practical terms... 

I'm EU living in UK, wife is UK living in UK. We go together for 90 days to Portugal. We come back together and a week later she returns to Portugal for a week. Her passport will have an entry/exit stamp showing 90 days in the country within the last 180 days how is it evidenced that those 90 days dont count?


Think ahead... when their ESTA equivalent comes in, do we know if non-EU nationals exercising their rights as a family member will need one? I'm guessing they do or a host of paperwork to prove their rights of movement

Spaceace

So in practical terms... 

I'm EU living in UK, wife is UK living in UK. We go together for 90 days to Portugal. We come back together and a week later she returns to Portugal for a week. Her passport will have an entry/exit stamp showing 90 days in the country within the last 180 days how is it evidenced that those 90 days dont count?


Think ahead... when their ESTA equivalent comes in, do we know if non-EU nationals exercising their rights as a family member will need one? I'm guessing they do or a host of paperwork to prove their rights of movement

I'm not aware of the precise evidence that would be required, probably evidence of joint travel during the period for which exemption is being claimed.  If it's a real scenario for you then further research and enquiry will be necessary.  The point is that EU law provides the exemption from the 90 days in 180 for non-EU nationals travelling with their EU citizen partners.

In respect of the ETIAS issue.  The non-EU national partner will require an ETIAS but they will not be required to pay the €7 fee.  For reference see the FAQs on Europa (https://travel-europe.europa.eu/etias/faqs-etias_en).  In particular the question: "I read that different rules apply to nationals of visa-exempt countries who are family members of EU nationals or of nationals of Iceland, Liechtenstein, Norway, or Switzerland – who counts as a family member?