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Irish passport

Posted: Wed Jul 21, 2021 4:41pm
13 replies179 views7 members subscribed
Sootie666

Posts: 2

Location: Albir

Joined: 10 Sep 2019

I man an Irish passport holder and my wife is a. UK passport holder My understanding of the EU directive is that my wife is perceived as an Irish citizen through marriage except she isn’t and has had her passport stamped both in and out of Spain regardless of my protestations we are directed to separate booths for entry. Is there something I am missing? Maybe a visa I need to get to clarify the situation. Thank you in a

Cfell63

Posted: Thu Jul 22, 2021 7:54am

Cfell63

Helpful member

Posts: 376

269 helpful points

Location: Santa Pola

Joined: 29 Jan 2018

Posted: Thu Jul 22, 2021 7:54am

No, she has to use the appropriate gate for her UK passport & you for your euro Irish.  My husband and I have to. 

oadbyman

Posted: Thu Jul 22, 2021 9:25am

oadbyman

Helpful member

Posts: 198

139 helpful points

Joined: 14 Jun 2020

Posted: Thu Jul 22, 2021 9:25am

Hi

Same situation

I have asked the EU to explain how I get my Treaty rights for my wife, 

My request was this

How do I protect my treaty rights to travel freely, with my wife, I hold an Irish Passport, my wife a UK passport? I want to travel (tour) in Europe with my wife, over 90 day, but no more than 90 days in any country, something we have done on several times when the UK was a member of the EU. I will be entering and leaving through the Channel Tunnel, can you please advise me on any documents I need and the process at points of entry and exit. 

Your situations will be different and you should ask your question on here https://ec.europa.eu/eu-rights/enquiry-complaint-form/home?languageCode=en&origin=replied_follow_up

Please word it so that you get a reply on your situation, I know a lot of people have property and want to spend more that 90 days in 180, as I understand Spain require you to register your presence after 90 days in Spain but you may never spend a straight 90 days so providing you do not spend the magic 183 days you are legal.

The reply to my request was very poor in 4 sections

1/ present our reply at point of enter - (Some chance of achieving my rights)

2/ stick to 90 in 180 (Does not do the job)

3 and 4 assumed I was going to be in one country for over 90 days and register presence or apply for residency, both I would think would be illegal as on my question I am not in one country 90 days.

I have required my MP (Irish) to help and I had acknowledgement and now awaiting a reply.

If you are in the situation can you please sent the emails and pursue the matter, it is our rights, there most be 1000's of people in this situation, only by getting all Irish MP's and MEP's involved will we get our rights, This also apples to any other nationality not I think the Irish are most effected.

Please pm me with any information you have or get, I will post of here updates

Sootie666

Posted: Thu Jul 22, 2021 11:37am

Sootie666

Original Poster

Posts: 2

Location: Albir

Joined: 10 Sep 2019

Posted: Thu Jul 22, 2021 11:37am

oadbyman wrote on Thu Jul 22, 2021 9:25am:

Hi

Same situation

I have asked the EU to explain how I get my Treaty rights for my wife, 

My request was this

How do I protect my treaty rights to travel freely, with my wife, I hold an Irish Passport, my wife a UK passport? I want to travel (tour) in Europe with my wife, over 90 day, but no more than 90 days in any country, something we have done on several times when the UK was a member of the EU. I will be entering and leaving through the Channel Tunnel, can you please advise me on any documents I need and the process at points of entry and exit. 

Your situations will be different and you should ask your question on here https://ec.europa.eu/eu-rights/enquiry-complaint-form/home?languageCode=en&origin=replied_follow_up

Please word it so that you get a reply on your situation, I know a lot of people have property and want to spend more that 90 days in 180, as I understand Spain require you to register your presence after 90 days in Spain but you may never spend a straight 90 days so providing you do not spend the magic 183 days you are legal.

The reply to my request was very poor in 4 sections

1/ present our reply at point of enter - (Some chance of achieving my rights)

2/ stick to 90 in 180 (Does not do the job)

3 and 4 assumed I was going to be in one country for over 90 days and register presence or apply for residency, both I would think would be illegal as on my question I am not in one country 90 days.

I have required my MP (Irish) to help and I had acknowledgement and now awaiting a reply.

If you are in the situation can you please sent the emails and pursue the matter, it is our rights, there most be 1000's of people in this situation, only by getting all Irish MP's and MEP's involved will we get our rights, This also apples to any other nationality not I think the Irish are most effected.

Please pm me with any information you have or get, I will post of here updates

Hi thank you for your reply as you didn’t really get a response from your first enquiry I think that route would not achieve anything but I would be very interested in knowing what your Irish mp has to say on the subject, we like yourselves only wish to go for less than 90 days in 180 . In January there was an article on this subject on the Costa Blanca forum indicating the need to get a visa for eu family members but unfortunately I deleted it by mistake and now can’t find it anywhere and being technophobic haven’t got a scooby how to find it again. It should be so simple but clearly is

John123456

Posted: Thu Jul 22, 2021 9:58pm

Posts: 23

14 helpful points

Location: Benidorm

Joined: 27 Feb 2021

Posted: Thu Jul 22, 2021 9:58pm

You might find this link to information held CAB Spain useful

oadbyman

Posted: Thu Jul 22, 2021 11:45pm

oadbyman

Helpful member

Posts: 198

139 helpful points

Joined: 14 Jun 2020

Posted: Thu Jul 22, 2021 11:45pm

Sootie666 wrote on Thu Jul 22, 2021 11:37am:

Hi thank you for your reply as you didn’t really get a response from your first enquiry I think that route would not achieve anything but I would be very interested in knowing what your Irish mp has to say on the subject, we like yourselves only wish to go for less than 90 days in 180 . In Janu...

...ary there was an article on this subject on the Costa Blanca forum indicating the need to get a visa for eu family members but unfortunately I deleted it by mistake and now can’t find it anywhere and being technophobic haven’t got a scooby how to find it again. It should be so simple but clearly is

Well I have a response and would request others to find an representative from the country of there citizenship to send a mail

(Similar to the above) asking how to do it, protect your rights in Ireland there are only 39 constituencies, so it will not take many emails to get this moving forward as their must be 1000's maybe over 250000 people affected.

I have had it confirmed that we have the rights to FOM, we can travel freely in the EU, you should come through the border together and your passport should not be stamped.

I am not happy with the replies as they say yes to the rights but do not explain how to use them, as no set paperwork seems to exist, so on the advice I have been given I am taking it further (Watch this space).

oadbyman

Posted: Thu Jul 22, 2021 11:49pm

oadbyman

Helpful member

Posts: 198

139 helpful points

Joined: 14 Jun 2020

Posted: Thu Jul 22, 2021 11:49pm

John123456 wrote on Thu Jul 22, 2021 9:58pm:

You might find this link to information held CAB Spain useful

link missing

I have been to CAB and cannot see anything appropriate.

WE are taking about EU treaty Rights for partners of EU citizens

oadbyman

Posted: Thu Jul 22, 2021 11:54pm

oadbyman

Helpful member

Posts: 198

139 helpful points

Joined: 14 Jun 2020

Posted: Thu Jul 22, 2021 11:54pm

Cfell63 wrote on Thu Jul 22, 2021 7:54am:

No, she has to use the appropriate gate for her UK passport & you for your euro Irish.  My husband and I have to. 

The advise I have is

both go through the All Passports gate

Your wife's passport should not be stamped

You cannot spend more than 90 day in Spain without registering, but a break starts the 90 days again, but stay under the 183 or you become tax resident

I will post more as I get the situation clarified, an email as out lined to any TD and or MEP would help on email will not get the treaty rights but more will help it has to start somewhere

James1212

Posted: Fri Jul 23, 2021 12:43am

James1212

Helpful member

Posts: 158

188 helpful points

Location: La Zenia

Joined: 27 Apr 2018

Posted: Fri Jul 23, 2021 12:43am

oadbyman wrote on Thu Jul 22, 2021 11:54pm:

The advise I have is

both go through the All Passports gate

Your wife's passport should not be stamped

You cannot spend more than 90 day in Spain without registering, but a break starts the 90 days again, but stay under the 183 or you become tax resident

I will post more as I get the situation clarified, an email as out lined to any TD and or MEP would help on email will not get the treaty rights but more will help it has to start somewhere

Just on a point of information - the Republic of Ireland has TDs, not MPs. 

RayBenidorm

Posted: Fri Jul 23, 2021 10:02am

RayBenidorm

Helpful member

Posts: 195

83 helpful points

Location: Benidorm

Joined: 8 Aug 2017

Posted: Fri Jul 23, 2021 10:02am

I have heard if you carry a marriage certificate, and both names match that as what is printed on the passport then that is enough for your freedom of movement rights.

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