Length of stay coming from NI - Page 3

The problem is people think if you have both passports, you can have the best of both worlds. Eire is not in the Schengan area and nor were the Uk before Brexit. Now the Uk is a third country and Eire is still not in the Schegan area. Freedom of movement between Eire and Spain France, Italy etc is not the same as between Countries which are the Schengan area, which is different.

With an Eire passport I would think if you travel from Dublin you'll be okay, but if you are travelling from Belfast to Spain on an Eire passport, I think you could run into difficulties at some point. I know if you have been born on the Isle of Ireland you can apply for and Eire passport regardless of where you live but I think in the future that certain loop holes will be closed. Or it could be you may have to choose which passport is used for travel.

Personally good luck to anyone who has both passports, it will make life easier for a while. Other Uk passport holders won't like the 90 in 180 day restrictions particularly if you have a home in Spain, as I do. I had planned to spend longer in Spain as retirement beckons, spending more of my money in Spain, now that is out of the question, as the times I like to visit will clash within those periods.

I think EU countries could have been more accomodating to Uk nationals or any other national for that matter with second homes after all we have inversted heavily in Spain and France in particular. I actually think some will see how things go but if things get more expensive like banking charges and possible extra taxes on holiday homes etc , they will eventually sell up if that is possible. That will be a loss to those countries. People don't like being discriminated or punshished for things they never voted for. I hope for some flexibility on the 90 in 180 days. The Uk after all is allowing 182 days in 365 for EU citizens. Lets hope sense will prevail but I'm not getting ahead of myself.

Courtesy of Wikipedia 

European Union[edit]

Main article: Four Freedoms (European Union)

European Union Freedom-of-Movement Area

Within the European Union, residents are guaranteed the right to freely move within the EU's internal borders by the Treaty on the Functioning of the European Union and the European Parliament and Council Directive 2004/38/EC of 29 April 2004.[17] Union residents are given the right to enter any member state for up to three months with a valid passport or national identity card. If the citizen does not have a travel document, the member state must afford them every facility in obtaining the documents. Under no circumstances can an entry or exit visa be required. There are some security limitations[18] and public policy restrictions on extended stays by EU residents. For instance, a member state may require that persons register their presence in the country "within a reasonable and non-discriminatory period of time". In general, however, the burden of notification and justification lies with the state. EU citizens also earn a right to permanent residence in member states they have maintained an uninterrupted five-year period of legal residence. This residency cannot be subject to any conditions, and is lost only by two successive years absence from the host nation. Family members of EU residents, in general, also acquire the same freedom of travel rights as the resident they accompany, though they may be subject to a short-stay visa requirement.[17] Furthermore, no EU citizen may be declared permanently persona non grata within the European Union, or permanently excluded from entry by any member state.

It seems, therefore, that a. Irish passport holder may still move freely around the EU.

I just reiterate, that for ease it makes sense to use the passport of the UK when entering or leaving the UK and the Irish passport when entering or leaving the EU.

I do, however, wonder if it would be sensible to wrap the other passport, with its chip, in aluminium foil when it is not actively being used, in case it can transmit its whereabouts to the State...

Just one small point when your EHIC health card expires you will need to apply for the UK Global card via the NHS regardless of whether you have a British or Irish passport as it goes by where you get your regular health care and if resiin NI that’s the UK. The UK card ‘should’ give you the same cover as the EHIC card in Spain.

Purple gran

If you have an Irish passport nothing stop you entering the UK, the Common travel area rules come into play, my UK passport ran out date wise May 2021.  In order to get freedom of movement I obtained my Irish passport, I have not given up my UK citizenship, but I do not need 2 passports, if required I have my birth certificate to prove my UK citizenship.

I think if you choose and swap between two should you have 2 you will find the travel records will mean at some time you will be questioned.

I did notice that when I recently applied for a savings account, they asked Citizenship and if you have more than one, just another hurdle to cross should it be required, caused by Brexit.

Stuart257

Your EHIC comes from your residency in UK, at lease in my case. 

Alfapash

You state 

"Freedom of movement between Eire and Spain France, Italy etc is not the same as between Countries which are the Schengan area, which is different."

FOM is FOM for all EU citizens,  within the Schengen Area you do not have border checks, you do between countries that are not in the area, as was the case when the UK was in the EU, so FOM is the same but operated differently where border checks take place.

Yes you have to be careful when you have two passports. I know someone from NI who was travelling to Sri Lanka on an Irish passport - during the flight she had to fill out a declaration form and without thinking put her Nationality as British and then on arrival  had to spend a couple of hours trying to explain the situation  to the Authorities in Sri Lanka .

It is different..... Eire is not in the Schengen area there are also several other countries although member states that are not in the Schegen area. Romania, Bulgaria and many others.

This is the difference.

What's the difference between the EU and the Schengen Area? In short, they are too different entities although many countries are included in both. The EU is a political and economic union, whereas the Schengen Area allows for the free movement of people between the participating countries.

Which EU countries are not in Schengen? The UK and Republic of Ireland have opted out. The UK wants to maintain its own borders, and Dublin prefers to preserve its free movement arrangement with the UK - called the Common Travel Area - rather than join Schengen.

Now the Uk has left the EU the Uk is a third country to the EU like the USA, Canada, Japan etc.

There you have it.

There seems to be a loophole in the legislation.    If you travel to southern Ireland and get a boat to Portugal then you can enter without customs formality (EU to EU) and enter Spain ditto.   I do not know the cost ramifications but it solves your problem....

You can travel to any country in the Schengen area if you have an Eire passport and move about between countries but in the stricktest of terms only for 90 in 180days.

That has always been the case, it's just that Spain, France and others countries never enforced it at the borders for Eire or Uk nationals when the Uk was a member state. I can remember arriving at Alicante on flights from Luton and there were no border control officers to check for years. I just walked through.

Now it is different, it could be flights from Dublin will still have no border control in Spain although it should under EU rules.

They will be checking every UK passport holder for certain and woh betide anyone who stays to long, fines will be winging their way. No E gates for us. Maybe something can be arranged in the future, especially if it starts to have a detrimental effect on the Spanish economy. Uk Spanish holiday home owners can only hope.

The rule of born on island of  Ireland has been extended. If a parent or grandparent was born on on the island then citizenship can be conferred to the siblings regardless of place of birth. If the grandchildren then go on to have their own children not in Ireland but hold citizenship at the time of the birth then as I  have been told those great grandchildren will be granted citizenship via the Foreign birth registration system. 

This may or may not be correct Peter, but it doesn't change the status of current holders of an Irish passport. 

Irish passport holders were always subject to a limit of 90 days before an application for Residencia was required but as with British passport holders it was never policed/enforced.

It's likely that it will continue to be not enforced by Spanish immigration but it doesn't change the rule that a stay over 90 days was and still is against immigration law.

Steve