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UK and EU spouse travelling rules

Posted: Tue Feb 16, 2021 7:08am
2 replies204 views6 members subscribed
gilly

Posts: 3

1 helpful points

Location: Ondara

Joined: 27 Jan 2017

Hi everyone, Great website for help and information. I have been browsing the website for a number of years but this is my first posting.

Not sure if you can help on this one!

I am British and married to an EU citizen and we both are pensioners residing in the UK. We usually spend time in our apartment in Denia in the spring and autumn months. We are very aware of not over staying the amount days to avoid our tax status.

That said. My husband says as a spouse of a EU citizen I have the right to travel (with him) specifically within the Schengen Area without the third country citizen rule.

So my question is, when we eventually are allowed to travel. Arrive at Valencia airport passport control, How will they know I am travelling with my EU husband so that I am not caught up in the 90 day in 180 days rule? Do I tell them my husband is an EU citizen, show my marriage certificate?

Thanks,

Sandy

Kimmy11

Posted: Wed Feb 17, 2021 12:25am

Kimmy11

Legendary helpful member

Posts: 6870

12563 helpful points

Joined: 8 Aug 2017

Posted: Wed Feb 17, 2021 12:25am

Hi gilly,

This would certainly be the case if you were to become resident in the EU.  Even as non-residents, Schengen rules stipulate that you have the right to travel together (EU citizen and non-EU spouse) to an EU country other than the one of which the EU citizen is a national.  It also states that if an EU citizen has moved to another EU country, a non-EU spouse (and core family, i.e. children and grandparents) can also join them.  However, you are both resident in the UK, which became a Third Country on 1 January 2021, so as you're not currently resident in an EU country, I don't believe this is applicable.

I'd be happy to be corrected, but I think you may need an immigration specialist to advise.

Kind regards,

Kim

gilly

Posted: Wed Feb 17, 2021 10:28am

gilly

Original Poster

Posts: 3

1 helpful points

Location: Ondara

Joined: 27 Jan 2017

Posted: Wed Feb 17, 2021 10:28am

Kimmy11 wrote on Wed Feb 17, 2021 12:25am:

Hi gilly,

This would certainly be the case if you were to become resident in the EU.  Even as non-residents, Schengen rules stipulate that you have the right to travel together (EU citizen and non-EU spouse) to an EU country other than the one of which the EU citizen is a national. ...

...; It also states that if an EU citizen has moved to another EU country, a non-EU spouse (and core family, i.e. children and grandparents) can also join them.  However, you are both resident in the UK, which became a Third Country on 1 January 2021, so as you're not currently resident in an EU country, I don't believe this is applicable.

I'd be happy to be corrected, but I think you may need an immigration specialist to advise.

Kind regards,

Kim

Hi Kim,

Thanks for getting back to me. I was not quite sure what my rights were as a non-EU spouse. Read as much as I could online and EU rights of free movement. There must be many UK citizens married to EU nationals living in the UK who are in the same position.

We have family in different parts of France and in Spain which I will not be able to accompany my husband to visit them if we keep spending our usual 90 day period in Spring and again in Autumn because of the Schengen rule. Before anyone gets on the bandwagon, I am not blaming the EU or UK.

I’ll stay optimistic and hope that we can sort something out so we can enjoy our retirement and continue seeing family and friends in Europe.

Kind regards,

Gilly


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