Travelling with wife on Irish passport - Brexit and the EU: living, holidaying and moving to Villamartin - Villamartin forum - Costa Blanca forum in the Alicante province of Spain
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Travelling with wife on Irish passport - Page 2

Peter02

Posted: Wed Mar 29, 2023 3:51pm

Posts: 67

26 helpful points

Joined: 22 Oct 2019

Posted: Wed Mar 29, 2023 3:51pm

We are in the same situation in l have an Irish passport and my wife UK. When we arrived at Alicante last June there was a Police officer at the passport control directing passengers. I showed my Irish passport and her UK passport and she accompanied me through the EU channel. Yes they stamped her passport both in and out but we were not separated 

salfordite

Posted: Wed Mar 29, 2023 4:35pm

salfordite

Original Poster

Posts: 42

17 helpful points

Location: Villamartin

Joined: 1 Aug 2020

Posted: Wed Mar 29, 2023 4:35pm

Peter02 wrote on Wed Mar 29, 2023 3:51pm:

We are in the same situation in l have an Irish passport and my wife UK. When we arrived at Alicante last June there was a Police officer at the passport control directing passengers. I showed my Irish passport and her UK passport and she accompanied me through the EU channel. Yes they stamped he...

...r passport both in and out but we were not separated 

Thanks for your reply 👍 and is your wife ok to go to spain everytime you go by that I mean if you go for 6 weeks go home then go back again for 6 weeks your wife isn't governed by the 90/180 day rule 

harvest

Posted: Wed Mar 29, 2023 4:41pm

harvest

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Posted: Wed Mar 29, 2023 4:41pm

salfordite wrote on Wed Mar 29, 2023 4:35pm:

Thanks for your reply 👍 and is your wife ok to go to spain everytime you go by that I mean if you go for 6 weeks go home then go back again for 6 weeks your wife isn't governed by the 90/180 day rule 

Not quite following you, 6 weeks in and 6 weeks out of Spain is within the 90 day rule whether the rules apply to you or not, you can stay for up to 90 days if the rules apply . As your spouse holds an Irish passport both of you can come and go freely as the 90/180 day rule does not apply.

salfordite

Posted: Wed Mar 29, 2023 5:39pm

salfordite

Original Poster

Posts: 42

17 helpful points

Location: Villamartin

Joined: 1 Aug 2020

Posted: Wed Mar 29, 2023 5:39pm

harvest wrote on Wed Mar 29, 2023 4:41pm:

Not quite following you, 6 weeks in and 6 weeks out of Spain is within the 90 day rule whether the rules apply to you or not, you can stay for up to 90 days if the rules apply . As your spouse holds an Irish passport both of you can come and go freely as the 90/180 day rule does not apply.

Hi that's what I was getting at I know even with your Irish passport you can't stay longer than 90 days (without applying for residencia etc) but you can leave for a day or 2 then go back for another 90 days and your wife is still OK to go with you 😊 that was the point I was trying to get across 😊 I hope I'm right in that way of thinking 🤔 and thanks again for your reply 

Lefty

Posted: Wed Mar 29, 2023 5:46pm

Lefty

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Location: Benidorm

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Posted: Wed Mar 29, 2023 5:46pm

salfordite wrote on Wed Mar 29, 2023 5:39pm:

Hi that's what I was getting at I know even with your Irish passport you can't stay longer than 90 days (without applying for residencia etc) but you can leave for a day or 2 then go back for another 90 days and your wife is still OK to go with you 😊 that was the point I was trying to get acro...

...ss 😊 I hope I'm right in that way of thinking 🤔 and thanks again for your reply 

I understand exactly what you are asking, I have searched for a definitive answer many times as we are currently waiting for my wife’s Irish passport to be approved but never found out for sure 🤔

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salfordite

Posted: Wed Mar 29, 2023 9:16pm

salfordite

Original Poster

Posts: 42

17 helpful points

Location: Villamartin

Joined: 1 Aug 2020

Posted: Wed Mar 29, 2023 9:16pm

Lefty wrote on Wed Mar 29, 2023 5:46pm:

I understand exactly what you are asking, I have searched for a definitive answer many times as we are currently waiting for my wife’s Irish passport to be approved but never found out for sure 🤔

I'm sure it will become clear for us all one day 😊

SeanDouglas

Posted: Wed Mar 29, 2023 11:31pm

Posts: 20

9 helpful points

Location: Benidoleig

Joined: 21 Mar 2021

Posted: Wed Mar 29, 2023 11:31pm

As someone else had advised, under EU rules, you can move to both live & work in Spain with your wife as she is an Irish citizen & has an Irish/EU passport. As her non-EU spouses, you have the same rights as your EU spouse/common law. You just have to apply for the same EU card (in all EU states) within 3 months of arriving: https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm

salfordite

Posted: Thu Mar 30, 2023 10:21am

salfordite

Original Poster

Posts: 42

17 helpful points

Location: Villamartin

Joined: 1 Aug 2020

Posted: Thu Mar 30, 2023 10:21am

SeanDouglas wrote on Wed Mar 29, 2023 11:31pm:

As someone else had advised, under EU rules, you can move to both live & work in Spain with your wife as she is an Irish citizen & has an Irish/EU passport. As her non-EU spouses, you have the same rights as your EU spouse/common law. You just have to apply for the same EU card (in all EU...

Hi thanks for your reply but we do not intend to live in spain we have a holiday home there that we would like to visit more  often ! It's just understanding the 90/180 day rule travelling with a spouse who is a eu member with a non eu member as there are lots of conflicting answers on other sites 

Lefty

Posted: Thu Mar 30, 2023 10:42am

Lefty

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Posts: 176

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Joined: 11 May 2022

Posted: Thu Mar 30, 2023 10:42am

salfordite wrote on Thu Mar 30, 2023 10:21am:

Hi thanks for your reply but we do not intend to live in spain we have a holiday home there that we would like to visit more  often ! It's just understanding the 90/180 day rule travelling with a spouse who is a eu member with a non eu member as there are lots of conflicting answers on other...

... sites 

My understanding is an eu passport or the spouse of an eu passport holder is an advantage if you want to gain residency as you do not have to meet the financial requirements of a non eu passport holder and I think you are also able to work, I know exactly what you are asking but I am pretty sure you are still bound by the 90/180 rule, if a eu passport holder did stay for I think 182 days they become tax residents and the non eu passport holder would need to gain a visa to stay, sign on to the foreigners register etc.

You maybe thinking of the much mentioned stay for 90 days go to Gibraltar or the U.K. for a couple of days then the clock resets back to zero so you can start again from day 1, I think you can do it on an eu passport but not UK, i have searched for the information but there is nothing in black and white that I have found.

Peter02

Posted: Thu Mar 30, 2023 11:26am

Posts: 67

26 helpful points

Joined: 22 Oct 2019

Posted: Thu Mar 30, 2023 11:26am

salfordite wrote on Wed Mar 29, 2023 4:35pm:

Thanks for your reply 👍 and is your wife ok to go to spain everytime you go by that I mean if you go for 6 weeks go home then go back again for 6 weeks your wife isn't governed by the 90/180 day rule 

I believe that Ireland is not in Schengen area and as such the 90 day rule applies but if as EU citizen you can register for extension and my wife then qualifies under a spouse visa. I have not applied myself as I still work in UK so hopefully there are others on this forum who are better knowledgeable then myself.  

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