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Schengen rule with wife who has UK passport

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Drewsie
Newly Registered
Posts: 6
Joined: Sun Jan 14, 2024 10:45 pm
United Kingdom

Schengen rule with wife who has UK passport

Post by Drewsie » Thu Feb 08, 2024 7:53 pm

I have an Irish passport my wife has a UK passport.
I have property in Fuerteventura & want to stay for up to 90 days there.
The EU rules say my wife has the right to travel with me & the days in any Schengen do not count towards her Schengen account for the 90/180 days.

I understand I will not get my Irish passport stamped on entry/leaving but my wife will.

I understand that in November when the new ETIAS system should come into force that both our passports will use the Gates. So there will be a flag on my wife's passport which hopefully will show she is travelling with an European citizen.

However in March when we travel to our house in Fuerteventura how does the EU know my wife is travelling with me? As the Gates in Fuerteventura are not being used by border control.

Do I have to keep both of our boarding cards until November? Or is there an electronic tracking of our travels when we travel to a Schengen country at the moment?

Angel99
Member of Standing
Posts: 495
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: Schengen rule with wife who has UK passport

Post by Angel99 » Fri Feb 09, 2024 8:07 am

Drewsie wrote:
Thu Feb 08, 2024 7:53 pm
I have an Irish passport my wife has a UK passport.
I have property in Fuerteventura & want to stay for up to 90 days there.
The EU rules say my wife has the right to travel with me & the days in any Schengen do not count towards her Schengen account for the 90/180 days.

I understand I will not get my Irish passport stamped on entry/leaving but my wife will.

I understand that in November when the new ETIAS system should come into force that both our passports will use the Gates. So there will be a flag on my wife's passport which hopefully will show she is travelling with an European citizen.

However in March when we travel to our house in Fuerteventura how does the EU know my wife is travelling with me? As the Gates in Fuerteventura are not being used by border control.

Do I have to keep both of our boarding cards until November? Or is there an electronic tracking of our travels when we travel to a Schengen country at the moment?
Hi,

There are sometimes border guards/police at Fuerteventura with no entry on the E-gates.

Since your spouse has visa waiver, her departure will be on visa waiver but on arrival if she meets border guards, she can enter as EU family member and given a stamp.

If she enters with no checks, so far as she is with you and you have your marriage certificate, her status also changes to EU family member.

Incase you meet border guards or passport control when leaving, show them your marriage certificate and The Citizens' Rights Directive 2004/38/EC print out.

The 90/180 limit doesn't apply irrespective of how she entered the entry even if illegal.

Hope this helps.

lolo2
Diamond Member
Posts: 1013
Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: Schengen rule with wife who has UK passport

Post by lolo2 » Fri Feb 09, 2024 7:01 pm

Drewsie wrote:
Thu Feb 08, 2024 7:53 pm
I understand that in November when the new ETIAS system should come into force that both our passports will use the Gates.
The ETIAS travel authorisation will come into force in mid-2025!

Also citizens from visa-exempt countries, including the UK, entering the EU with an ETIAS will still be checked by border officers on arrival. Having an ETIAS doesn't mean that one can use the e-Gates to enter the EU!

See: EU - ETIAS

theolddog
Newly Registered
Posts: 8
Joined: Sun Nov 19, 2023 8:57 am
Mood:
Gibraltar

Re: Schengen rule with wife who has UK passport

Post by theolddog » Sat Feb 10, 2024 8:38 pm

Drewsie wrote:
Thu Feb 08, 2024 7:53 pm
I have an Irish passport my wife has a UK passport.
I have property in Fuerteventura & want to stay for up to 90 days there.
The EU rules say my wife has the right to travel with me & the days in any Schengen do not count towards her Schengen account for the 90/180 days.

I understand I will not get my Irish passport stamped on entry/leaving but my wife will.

I understand that in November when the new ETIAS system should come into force that both our passports will use the Gates. So there will be a flag on my wife's passport which hopefully will show she is travelling with an European citizen.

However in March when we travel to our house in Fuerteventura how does the EU know my wife is travelling with me? As the Gates in Fuerteventura are not being used by border control.

Do I have to keep both of our boarding cards until November? Or is there an electronic tracking of our travels when we travel to a Schengen country at the moment?
Hi drewsie

My advice will be to get your wedding certificate translated and stamped by a Spanish lawyer/notary.

Average cost €50 - €70 but well worth it

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