EU passport holder with British Passport

That's correct. His passport will be stamped but this will be of no consequence while he is travelling with you. Problems may arise when he wants/needs to travel on his own.

This may help...https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

Hmmm.

In the link given if your husband has to answer 'No' to the question "Do you have a residence document from another EU country" then it says he will need a visa.

I'm not so sure that he can go through the EU passport control either, try it and let us know. 

BTW even EU passport holders are supposed to register in Spain after 90 days although nobody does and generally nobody seems to care but exceeding that with a UK passport holding husband could conceivably give rise to awkward questions.

I have been stopped and refused entry, with the explanation that my husband is not my visa. 

My husband and I have been separated at passport control (Alicante)  on the last few occasions . He has the Irish passport & I have the British one.  

Even as an EU passport holder and want to stay longer than 90 days you are required to sign on the foreigners register within the first 90 days.

I think your husband will still be subject to the 90/180 rules.

If you want to live in Spain permanently you can sign on the foreigners register as wanting to be a legal resident and your husband could join you as the spouse of an EU resident. 

https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/residencia/obtencion-residencia/inscribirte-residente.html

Steve 

Tebo  is correct.  A European passport does not give you the right to live in Spain without registering  yourself as resident after 90 days .  The only way around that , which is a bit of a loophole, is to leave Spain for , I believe, 1 day.  So, even carrying that EU passport comes with requirements should you wish to come for periods in excess of 90 days 

You may find the contents of the following links helpful:

https://www.dfa.ie/irish-embassy/spain/our-services/new-to-spain/residency-and-entry-requirements/

https://housinganywhere.com/Spain/moving-to-spain-from-ireland-spanish-residency-for-irish-citizens#:~:text=Nearly%2015%2C000%20Irish%20citizens%20live,English%20speaking%20group%20in%20Spain.

https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm#in-another-EU-country-1

It will depend if your husband has residency in Spain with a TIE card either as relative of an EU citizen or in his own residency under the withdrawal agreement. I contacted the EU to ask for clarification regarding very issue about which passport queue to join and here is their reply:.

Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Dear Sir,

Thank you for your enquiry.

You indicate that you are a UK citizen and wonder about your entitlement to travel back to Spain and to use the lanes reserved for EU citizens.

You reside in Spain where you have residence as the holder of a residence permit issued under the Withdrawal Agreement. You wonder whether you may be treated as any UK citizen travelling to Spain or whether you may be entitled to use the special lanes marked for EU or EEA citizens, on the grounds that you are a beneficiary of the Withdrawal Agreement.

As a resident in Spain and a beneficiary of the Withdrawal Agreement, you are able to establish this fact with the production of your Spanish residence permit. Furthermore, as a beneficiary of the Withdrawal Agreement, you are not subject to the entry requirements laid down under article 6 Regulation 2016/399.

This provision (Article 6 of Regulation 2016/399 (Schengen Border Code) on the rules governing the movement of persons across borders (Schengen Borders Code - https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32016R0399)) governs the admission of persons across the external borders of the Schengen territory.

Specifically with respect to third country citizens, it lays down conditions with respect to the format of the passport, and substantive conditions relating to the purposes of the travel and the conditions under which the proposed trip is to take place.

However, given that you are not subject to this provision, you are correct in assuming that the conditions relating to queuing at the port of entry as far as you are concerned are akin to those benefiting EU citizens. In respect of this point, you are able to invoke article 3 of the Schengen Border Code (Regulation 2016/399) which lays down that the Regulation is without prejudice to the rights of persons enjoying the right of free movement under Union law;

Given that you have the right of admission into Spain enshrined under EU law by virtue of the Withdrawal Agreement under article 14, you cannot be made subject to the conditions for entry under the Schengen border Code.

Accordingly, with a valid UK passport and your Spanish residence permit, you are able to invoke your right to use the lane marked for EU and EEA citizens under article 10 of the Schengen Border Code (Regulation 2016/399).

Having said the above, also note that the EU Border Code does allow for a certain margin of appreciation on the part of the authorities of the Member State. There is therefore a certain measure of discretion on the part of the autorities of the EU member state in question.

You are urged to print this consultation to show to the relevant authority when landing in Spain.

In any case, note that the COVID-19 pandemic may add requirements which you are advised to check at the time of travel.

We hope this answers your question. If you have a new inquiry, additional questions relating to this case or if you want to provide us with additional information, please feel free to contact us again. Please use the YEA web form (http://ec.europa.eu/eu-rights/enquiry-complaint-form/home?languageCode=en ) in order to do so.

In case of a follow up to a previous inquiry, please provide us with the original case s reference number.

Kind Regards,
Your Europe Advice Team.

To help us improve our services, we would invite you to complete this short online survey.

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.

Your original enquiry was:
I am a UK national (with a UK passport) who retired to Spain in 2018 and I am a resident in Spain with a TIE card (Tarjeta de Identidad de Extranjero) and have noticed that UK nationals have to queue at airports to have their passports checked and stamped, however there is a separate que for EU citizens. As my residency is covered by the withdrawal agreement which ensures I am to be afforded the the same rights as other EU citizens can I use the EU queue at airports?

Yours sincerely,

Your Europe Advice

Out of curiosity how many people on this forum voted for Brexit and, of those, how many would do so again? Maybe I should pose this question separately on the General Forum?