Staying more than 90 days

Dear all,

I couldn't find any information on this forum and all answer I got from different entities (embassies etc) are not fully clear, that's why I hope some of you have an answer.

I am an italian citizen living in Ireland married with a non EU wife who holds the IRP Stamp 4EU FAM and we are planning to go to Italy for personal reason for the next 4 months and keep working remotely, both of us, from there.

We stayed already more than 3 months in Italy during summer and we didn't have any issues at the border controls/immigration on the way back to Ireland.

According to the Directive, my wife, as long as she is with me, she has all my rights of freedom of movements but nobody confirms that she can stay more than 90 days.

Did anyone experienced this situation? Are we going to have arguments this time at the border if they will see that she overstay during summer?

Many thanks for your help!

Hello

If you are staying more than 90 days, that can be an issue for her at one point. Sometimes border officers don't care but sometimes you may run on someone how takes the passport and starts looking for stamps and counting days.

The painful thing here is that you are Italian going to Italy. So you won't be seen as an EEA citizen. Otherwise, it would have been possible to apply for you and her under EEA rules but just showing you have enough money to be self sufficient during your stay.

Is she a visa national? What's her citizenship?

Zerubbabel wrote: ↑

Mon Nov 23, 2020 9:46 am

Hello

If you are staying more than 90 days, that can be an issue for her at one point. Sometimes border officers don't care but sometimes you may run on someone how takes the passport and starts looking for stamps and counting days.

The painful thing here is that you are Italian going to Italy. So you won't be seen as an EEA citizen. Otherwise, it would have been possible to apply for you and her under EEA rules but just showing you have enough money to be self sufficient during your stay.

Is she a visa national? What's her citizenship?

Wouldn't OP be able to apply under Surinder Singh in Italy? They are exercising treaty rights in Ireland, or am I misunderstanding something?

I don't know how strict Italian domestic rules are, but an Italian spouse visa is always an option.