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Ways to holiday Spain after Brexit 90 day rule

Posted: Sun Jun 18, 2023 6:24pm
27 replies1590 views9 members subscribed
Christine1406

Posts: 50

7 helpful points

Location: La Zenia

Joined: 14 Jul 2021

Hi 

Husband and I retiring this year. Our plan to spend winters in our Spanish property which we have owned for twenty three years have been scuttled due to Brexit and the ninety day rule. How has everyone managed and worked their way around this. My husband is applying for an Irish passport ( his mother was Irish ) I could apply but have not lived in Ireland so don’t think I would qualify.
Grateful for other peoples ideas or experiences on the subject 


Christine 

Fretterz83

Posted: Sun Jun 18, 2023 7:18pm

Fretterz83

Helpful member

Posts: 149

108 helpful points

Location: Torrevieja

Joined: 24 Jul 2018

Posted: Sun Jun 18, 2023 7:18pm

I know a few people that have never lived in Ireland and still acquired an Irish passport due to parents and grandparents being Irish. Good luck with it.

This probably wouldnt be of any good to you, but we now 'work' in the UK and fly to our place in Torrevieja every month to 'live'. We spend 10 days a month in Spain and never had any problems. 

We've done the odd 2 weeks also.  So we kind of live half and half. I'm self employed painter and Decorator so it's easy for me to plan my work around it, and the flight options for us are pretty good having 2 airports within 30 minutes of us and 2 airports within  45 mins of our house in Spain we tend to find cheap flights.

I wish you all the best working something out, still waiting to see all these Brexit Benefits 😀 

Whelts

Posted: Sun Jun 18, 2023 7:40pm

Posts: 23

15 helpful points

Location: Cabo Roig

Joined: 2 Apr 2023

Posted: Sun Jun 18, 2023 7:40pm

Wait for the Irish passport and as a spouse you should be OK. Irish passports come through relatively quickly.

Strangely, the rule of 90 days came into effect in April of 2013, and it replaced the previous definitions of a “short-stay” of three months within a six-month period in the Schengen zone i.e. nothing to do with Brexit.

What is new, is that the Spanish now check it, I think they're upset we left. 

Lefty

Posted: Sun Jun 18, 2023 8:17pm

Lefty

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Posts: 176

137 helpful points

Location: Benidorm

Joined: 11 May 2022

Posted: Sun Jun 18, 2023 8:17pm

Whelts wrote on Sun Jun 18, 2023 7:40pm:

Wait for the Irish passport and as a spouse you should be OK. Irish passports come through relatively quickly.

Strangely, the rule of 90 days came into effect in April of 2013, and it replaced the previous definitions of a “short-stay” of three months within a six-month period in the Schengen zone i.e. nothing to do with Brexit....

...

What is new, is that the Spanish now check it, I think they're upset we left. 

Quick … my wife’s Irish passport has taken 6 months already, we are close now though, they  have asked for further proof and documents 3 times now.

There is lots of conflicting information about the Irish passport been a golden ticket but from what I have found an Irish passport held by a partner is no use to a U.K. passport holder as they would still have to abide by the 90/180 rule unless you are applying for residency as you can then apply for a visa on the back of a partners irish passport and don’t have to meet the financial criteria a U.K. passport holder would have to meet.

Christine1406

Posted: Sun Jun 18, 2023 8:31pm

Christine1406

Original Poster

Posts: 50

7 helpful points

Location: La Zenia

Joined: 14 Jul 2021

Posted: Sun Jun 18, 2023 8:31pm

Lefty wrote on Sun Jun 18, 2023 8:17pm:

Quick … my wife’s Irish passport has taken 6 months already, we are close now though, they  have asked for further proof and documents 3 times now.

There is lots of conflicting information about the Irish passport been a golden ticket but from what I have found an Irish passport held by a partner is no use to a U.K. passport holder as they would still have to abide by the 90/180 rule unless you are applying for residency as you can then appl...

...y for a visa on the back of a partners irish passport and don’t have to meet the financial criteria a U.K. passport holder would have to meet.

Many thanks for your input. Yes agree not a quick fix and definitely not a  quick

process . My husband sent off for his Irish passport in January sending everything they asked for and they have asked for further proof ect three times. 

You do get lots of conflicting advice. I have just read that if you are driving over to Spain as long as we have our marriage certificate proving we are married I can travel on my husbands Irish passport ( if it ever arrives ) still looking into it though. We are flying over next week so will look into it further. Thanks again for replying 


Christine 

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Whelts

Posted: Sun Jun 18, 2023 9:22pm

Posts: 23

15 helpful points

Location: Cabo Roig

Joined: 2 Apr 2023

Posted: Sun Jun 18, 2023 9:22pm

Lefty wrote on Sun Jun 18, 2023 8:17pm:

Quick … my wife’s Irish passport has taken 6 months already, we are close now though, they  have asked for further proof and documents 3 times now.

There is lots of conflicting information about the Irish passport been a golden ticket but from what I have found an Irish passport held by a partner is no use to a U.K. passport holder as they would still have to abide by the 90/180 rule unless you are applying for residency as you can then appl...

...y for a visa on the back of a partners irish passport and don’t have to meet the financial criteria a U.K. passport holder would have to meet.

My passport came through within the month. I would presume that now we are into the holiday season things will take longer or if incorrect documents are sent then it will cause delays. As I said, mine went straight through but then again, it was a while ago and many are now jumping on the bandwagon so there could be delays. 

Regarding spouses, they can't get an Irish passport but I do believe they would be subject to the same EU rules. 

Here's a direct quote from the Europe Direct Contact Centre to someone asking the same question:

"Thank you for contacting the Europe Direct Contact Centre.A citizen of the UK does in principle not require a visa to travel for a short stay of no more than 90 days within any 180-day period in the Schengen area.The fact that you reside with your Irish wife in the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if you intend to travel on your own to a Schengen Member State.However, if your wife is travelling with you to a Schengen country, or joins you in a Schengen country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with her will not be taken into account when you travel again on your own. Please be aware, however, that in this case you might need to have documentation to show on when you were travelling with her and when you were not.For further information, we recommend that you contact the authorities of the country you would like to travel to, more info here and here.If you wish to remain in Spain with your wife for more than 3 months, you may both need to register. You can find information on the necessary procedures here.Please note that as Ireland is not part of the Schengen area and because your wife is Irish citizen, this does not apply if you wish to travel together to Ireland. For information on the Common Travel Area between Ireland and the UK, please see here.We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions." But please note that even EU citizens who stay in Spain for more than 90 days have to register with the police here"
Hope this helps.
Lefty

Posted: Sun Jun 18, 2023 9:52pm

Lefty

Helpful member

Posts: 176

137 helpful points

Location: Benidorm

Joined: 11 May 2022

Posted: Sun Jun 18, 2023 9:52pm

Christine1406 wrote on Sun Jun 18, 2023 8:31pm:

Many thanks for your input. Yes agree not a quick fix and definitely not a  quick

process . My husband sent off for his Irish passport in January sending everything they asked for and they have asked for further proof ect three times. 

You do get lots of conflicting advice. I have just read that if you are driving over to Spain as long as we have our marriage certificate proving we are married I can travel on my husbands Irish passport ( if it ever arrives ) still looking into it though. We are flying over next week so will look into it further. Thanks again for replying 


Christine 

Christine1406, where did you see this information?

“You do get lots of conflicting advice. I have just read that if you are driving over to Spain as long as we have our marriage certificate proving we are married I can travel on my husbands Irish passport ( if it ever arrives ) still looking into it though. We are flying over next week so will look into it further”

Christine1406

Posted: Sun Jun 18, 2023 9:59pm

Christine1406

Original Poster

Posts: 50

7 helpful points

Location: La Zenia

Joined: 14 Jul 2021

Posted: Sun Jun 18, 2023 9:59pm

Lefty wrote on Sun Jun 18, 2023 9:52pm:

Christine1406, where did you see this information?

“You do get lots of conflicting advice. I have just read that if you are driving over to Spain as long as we have our marriage certificate proving we are married I can travel on my husbands Irish passport ( if it ever arrives ) still looking into it though. We are flying over next week so will ...

...look into it further”

It was actually on U tube. 

Christine1406

Posted: Sun Jun 18, 2023 10:21pm

Christine1406

Original Poster

Posts: 50

7 helpful points

Location: La Zenia

Joined: 14 Jul 2021

Posted: Sun Jun 18, 2023 10:21pm

Christine1406 wrote on Sun Jun 18, 2023 9:59pm:

It was actually on U tube. 

You too Spain ….lots of good advice from professional as well. 

Snoxell

Posted: Sun Jun 18, 2023 11:19pm

Snoxell

Helpful member

Posts: 167

86 helpful points

Location: Jalon / Xaló

Joined: 30 Apr 2019

Posted: Sun Jun 18, 2023 11:19pm

I believe you will still be governed by the 90 day rule unless you become a resident 

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