Another 90 (ish) day question.

[Orion]

In a recent thread along those lines (now locked for some reason) it was posted “As an Irish passport holder, using that passport in accompaniment with you, she, (and you) may stay for 180 days.”

Is this correct? I am aware that certain EU countries may require some form of registration if staying for more than 90 days - easily circumvented by popping over an internal border and retaining something like a petrol receipt as proof - but is there a 180 day limit for EU state citizens (and accompanying spouses) travelling around the EU as a whole?

 

[Billylou]

I did post this on the thread you mentioned. I suggest you have a read as some opinions could be a little misleading.

I’ve posted this a few times, it might be useful. It’s a response to a similar question you’ve asked.

European Union gateway​

Home page europa.eu
europa.eu

This is the reply I received:

Thank you for contacting the Europe Direct Contact Centre.

A citizen of the UK does not, in principle, require a visa to travel for a short stay of no more than 90 days within any 180-day period in the Schengen area.

The fact that you reside with your Irish wife the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if you intend to travel on your own to a Schengen Member State.

However, if you are travelling with your wife to a Schengen country, or joining her in a Schengen country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with her will not be taken into account when you travel again on your own. Please be aware, however, that in this case you might need to have documentation to show when you were travelling with her and when you were not.

For further information, we recommend that you contact the authorities of the country you would like to travel to: https://europa.eu/youreurope/citizens/embassies/index_en.htm

You can also find additional information here: https://europa.eu/youreurope/citizens/travel/brexit-travel-documents/index_en.htm

If you wish to remain in a given country for more than 3 months, both you and your wife may need to register your residence: https://europa.eu/youreurope/citizens/residence/index_en.htm

Please note that as Ireland is not part of the Schengen area and because your wife is an Irish citizen, this may not apply if you wish to travel together to Ireland.

For information on the Common Travel Area between Ireland and the UK, please see: https://www.citizensinformation.ie/...n_travel_area_between_ireland_and_the_uk.html

We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions.

 

[jumartoo]

Yes, Spanish regs require someone to register if they intend to stay more than 90 days in Spain. It's been the case for many years and applies to everyone, not just third countries. Not a lot of people know it, and even less adhere to it.

But, it can be checked for anyone needing to cross a manned border!

 

[Orion]

I did post this on the thread you mentioned. I suggest you have a read as some opinions could be a little misleading.

I’ve posted this a few times, it might be useful. It’s a response to a similar question you’ve asked.

European Union gateway​

Home page europa.eu
europa.eu

This is the reply I received:

Thank you for contacting the Europe Direct Contact Centre.

A citizen of the UK does not, in principle, require a visa to travel for a short stay of no more than 90 days within any 180-day period in the Schengen area.

The fact that you reside with your Irish wife the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if you intend to travel on your own to a Schengen Member State.

However, if you are travelling with your wife to a Schengen country, or joining her in a Schengen country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with her will not be taken into account when you travel again on your own. Please be aware, however, that in this case you might need to have documentation to show when you were travelling with her and when you were not.

For further information, we recommend that you contact the authorities of the country you would like to travel to: https://europa.eu/youreurope/citizens/embassies/index_en.htm

You can also find additional information here: https://europa.eu/youreurope/citizens/travel/brexit-travel-documents/index_en.htm

If you wish to remain in a given country for more than 3 months, both you and your wife may need to register your residence: https://europa.eu/youreurope/citizens/residence/index_en.htm

Please note that as Ireland is not part of the Schengen area and because your wife is an Irish citizen, this may not apply if you wish to travel together to Ireland.

For information on the Common Travel Area between Ireland and the UK, please see: https://www.citizensinformation.ie/...n_travel_area_between_ireland_and_the_uk.html

We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions.

Yes, thanks for that and I’ve previously read that response and the various links from it. My query is more that the quote in my OP appears to imply that there is an upper 180 day limitation even when accompanying an EU family member - or perhaps I’m reading something into it that isn’t there?

 

[Billylou]

Yes, thanks for that and I’ve previously read that response and the various links from it. My query is more that the quote in my OP appears to imply that there is an upper 180 day limitation even when accompanying an EU family member - or perhaps I’m reading something into it that isn’t there?

I did see that mentioned and to be honest I don’t believe it’s accurate although I’m happy to be proved wrong.

As stated in my earlier post.

If you wish to remain in a given country for more than 3 months, both you and your wife may need to register your residence: https://europa.eu/youreurope/citizens/residence/index_en.htm

The above is nothing new and is applicable to anyone visiting and staying in the same Schengen country for greater than 90 days.

Edit. There are lot of opinions about this on the forum and not all of them are based on the facts. My advice is to read anything related to Schengen for accurate answers.

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[gus-lopez]

My query is more that the quote in my OP appears to imply that there is an upper 180 day limitation even when accompanying an EU family member - or perhaps I’m reading something into it that isn’t there?

Yes there is . An eu citizen is allowed 90 consecutive days in a country but can leave after 89 for 24 hours then return which resets the clock. This can be done ad infinitum BUT the problem is after 183 cumulative days in any one year you automatically become tax resident. This obviously does not apply if yo leave & move on to another eu state keeping in mind the need to keep under 183 days.
Most people do not realise that you can be a resident without being tax resident & tax resident without being a resident, becuse residency is based on consecutive days ,which reset when you leave for a day , & tax residency which is based on cumulative days.

So yes 180 days is the limit in ONE eu state but you can travel forever keeping below 180 in any one state & using the pop out to reset clock after 89.