Irish passport - Page 3

I am UK born, but I approached the TD from where my family was from and the TD did assist and am now in touch with Irish ministries that may sort it, you can choose any TD you like. 

Thank you for this thread, it is very interesting.  I was born in Northern Ireland and lived there for 21 years before moving to England.  I now live and have residencia in Spain with my English husband.   We really are not sure what we can or can't do with my Irish passport (which I obtained before we left the UK).  I also have a UK passport.

It's a minefield!!  I shall watch with interest and any advise for my situation would be greatly welcomed.

If you are resident in Spain with Dual nationality, you have the best of all worlds where this is concerned.

If enough people in the situation where one partner married or not write to TD's in Ireland then live will become easy not a minefield as you put it.

The  Dáil Éireann only has 160 members, for 39 constituencies, so it would not take long before each had it in their case load.

Compare these numbers to the number of people (1000's) it affects with Irish citizenship many who got their Irish Passport to have freedom of movement.

My advice to all is write to you TD, if you live outside the ROI, then just pick a TD at random, saying her rights are being infringed and asking what the Irish government are going to do about it.

This is the reply I got from grow your Europe 

The question is how does one obtains the family member card ?? 

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 getting in touch with Your Europe Advice. 

You have a follow up query relating to your and your wife's entitlements to live/travel to/in France, under EU law. Your follow up query is about the way in which you may be allowed to be admitted into France. Specifically, whether you have a right for your passport NOT to be stamped when entering France, as the family member of an EU citizen. 

You are a UK citizen, and your wife is a dual Irish/UK citizen. For the purposes of this query, we have previously confirmed that your wife is able and entitled to rely on her Irish nationality to invoke EU law in her and your favour when travelling to other member states of the EU. 

You arrived in France on September 2 and presented both passports (UK passport for you, Irish passport for your wife). 

The French border officer was about to Stamp your UK passport, but you requested her to stop on the grounds that that you are the family member of an EU citizen and travelling with your wife and thus, that you should be treated as an EU citizen and your passport should not be stamped. The officer was not particularly helpful but did call her senior officer. 

You reiterated your objections, to which the French officer responded by insisting that your passport must be stamped, further explaining that you were not subject to the maximum 90 day in a 180 day period rule under Schengen law (Regulation 399/2016). 

You are concerned by the fact that if your passport is stamped on arrival (and again on departure), that you will have no evidence to avoid a charge of exceeding the 90/180 day rule which is applicable to third country citizens when travelling on their own. 

Contrary to your understanding concerning the 90 days maximum stay in a 180 day period, we must confirm that neither you or your wife are subject to the 90 day maximum stay in the Schengen territory in a rolling 180 day period, on the grounds that you are married to an Irish citizen, thus vested with rights of free movement under Directive 2004-38. 

This was also confirmed correctly by the French border official. 

Concerning the stamping of your passport. 

The matter is governed under article 11 Regulation 399/2016. 

Where you hold a Residence permit issued under Directive 2004/38, your passport is not to be stamped (article 11 paragraph 2 Regulation 399/2016). Thus, should you apply and obtain a residence permit either in France or in Spain, as previously advised by our Service, you would have grounds to request not for your UK passport to be stamped. 

Given that you do not appear to hold a residence card issued under the above cited Directive, your passport must be stamped up by Immigration Officers, upon entering and exiting the EU. 

However, the fact that your passport is stamped does not preclude you from being able to invoke your rights under EU law in order to establish that you are not subject to the maximum 90 day limit in a 180 day period for the whole of the Schengen territory. 

You must be in a position to prove your claim by reference to the following evidence: 

Your wife's Irish passport, 
Your marriage certificate, (note that France or Spain may require the marriage certificate to be legalized and translated by an official translator, unless the marriage certificate can be issued in accordance with the requirements under Regulation 1191-2016). 
Your UK passport, 
Proof that you are travelling together to France (travel bookings). The latter refers not only to the actual travel in question but also to all travels in the Schengen territory for the previous 180 days. You must be able to establish that you have travelled in the company of your wife, as the family member of an EU citizen, when travelling in the Schengen territory in the previous 6 months. 

Also note that all the above is without prejudice to the limitations or restrictions laid down under national law, concerning the COVID measures. 

For advice in Spain: 

https://www.abogacia.es/conocenos/consejo-general/colegios-y-consejos/ 

For more information about the current restrictions in Spain, you are referred to the following website: 
http://www.exteriores.gob.es/Consulados/LONDRES/es/COVID19-UK/Paginas/Requisitos-de-entrada-en-Espa%C3%B1a.aspx 


Best regards, 

Your Europe - Advice 

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

Your original enquiry was:
Good evening I wonder if you can assist me with providing some information and guidance.
I am a U.K. citizen married to an Irish citizen we both reside in the U.K. 
We arrived in France on September 2 and presented both passports.
The French border officer was about to Stamp my UK passport, I asked her to stop and pointed out that as I was travelling with my wife I should be treated as an EU citizen and my passport should not be stamped and As such I should not be subject to the 90 in 180 day ruling .
The officer was not particularly helpful but did call her senior officer.
I again explained I was exercising my treaty rights and showed her a copy of the EU directive (2 004/38/EC)
But she was insistent and even said if I didn’t want my passport stamped I could go back to the U.K. !
she further stated that my passport would be stamped but As I was travelling with my wife it did not count towards the 90 day ruling
But if my wife left France before me the 90 day clock would start 
As I had no option I had to agree to this and my passport was stamped,
She also said I needed a family member of an EU citizen card issued by the Irish authorities.

I wonder if you could clarify the situation for me was she correct ?) and also explain if I have any course of redress to rectify the situation from happening the next time I enter the EU if she was indeed wrong 

Thank you 
Alan McDonald 


Sent from my iPhone 

Yours sincerely, 

Your Europe Advice