90-180 day rule

As long as you can prove you travelled with her or met her in Spain then you can visit as long as she can. It just affects your ability to travel alone to anywhere in the Schengen area. Keep copies of your boarding passes.

This has been discussed here many times with links to the EU guidance and Spanish authorities guidance. 

Thanks marcliff

That’s what I thought just cannot get any confirmation from Spanish authorities? But should be ok👍

My wife just worries when we get split up at Alicante airport when we arrive?

Cheers Steve

Try the Citizens Advice

This is there take on Border Controls https://www.citizensadvice.org.es/border-control-for-eu-nationals-non-eu-and-family-members-and-residents-and-others/#:~:text=To%20be%20noted%20that%2C%20third,for%20third%2Dcountry%20nationals%20from

This is the EU one

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

And this is the Spanish Foreign Office one 

https://www.exteriores.gob.es/Consulados/Manchester/en/ServiciosConsulares/Paginas/Consular/Visados-para-familiares-de-ciudadanos-de-la-Union.aspx

In the simplest of terms you must pass through the immigration lane relevant to the passport you hold, e.g. in your case non EU.

Being married to an EU citizen does not entitle you to pass through the EU passport lane as she does.

If you want to avoid separation then I imagine she would probably be allowed through the non EU lane with you.

Thanks for this info it has been very helpful👍

I read the CAB advice as aligning with the detail provided on the EU page(s).

FAQs|Travel documents for non-EU family members - Your Europe (europa.eu)

The penultimate question on that page is potentially of relevance and I think you could substitute France for Spain for all intents and purposes:

• I am a non-EU national married to an Irish national and living in Ireland with him. I hold an Irish residence permit. We plan to travel to France together later this year. Can I rely on my Irish residence card?

  NO - You will need a visa to enter France. Your residence permit was issued under Irish law rather than EU law as you are married to an Irish citizen and living in Ireland, (i.e. you are not exercising EU Treaty rights). However, since you will be travelling with your husband to France, your visa should be granted quickly and free of charge.

Hi George

That’s another curved ball but my wife has an Irish passport which may be a different situation to a residence card. I have a UK passport . The Irish passport clearly states that my wife is an EU citizen . It’s all so confusing 😠

Why is that a curve ball? If she has an EU passport then she is classed as a citizen of an EU country, just like Brits were when we were in the EU. Not the same as residency, though. Still only allowed 90 days in one visit and you can accompany her without the 180 days nausea.

Also means she, or you, would still be taxed at 24% on rental income with no claims for expenses as she is not resident in Ireland. But, on the plus side, she can register her stay in another EU country to allow her to stay up to 6 months and you can piggy back as the spouse of an EU citizen. 

Slightly confusing. Does it say what nationality she is? They are saying she needs a visa whereas anyone from UK (and many other countries) don't need a visa and can travel visa free for up to 90 days.