Irish Passport 90/180 Days

[DerryW]

I know this subject has been done to death on the forum with differing opinions/answer's. Back In March I sent an email to Europe Direct Contact Centre. with a simple question "I hold both UK and Irish Passports, My wife only holds a UK passport, is my wife entitled to stay beyond the 90/180 limit when traveling with me" See response I received today.

Dear Mr. Wilson,

Thank you for contacting the Europe Direct Contact Centre.

From your enquiry, we can understand that you are a EU national residing in the UK with your UK wife.

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

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

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[Armytwowheels]

Thank you for posting. That is very useful information.

 

[deleted79651]

I know this subject has been done to death on the forum with differing opinions/answer's. Back In March I sent an email to Europe Direct Contact Centre. with a simple question "I hold both UK and Irish Passports, My wife only holds a UK passport, is my wife entitled to stay beyond the 90/180 limit when traveling with me" See response I received today.

Dear Mr. Wilson,

Thank you for contacting the Europe Direct Contact Centre.

From your enquiry, we can understand that you are a EU national residing in the UK with your UK wife.

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

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

​

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This has been covered in another thread. An EU passport holder can stay up to 180 days [any longer and he would be expected to register in that country for tax purposes, and a non EU passport holding spouse can stay for the same period providing that they travel together. The EU Regs provide about 4 examples where the non EU citizen travels alone and then joins up with the EU citizen, almost every combination you can think of. If you use the EU Visa Free Days Stay Calculator, ignore any periods when you have been traveling with your EU passport holding spouse or else the system will just revert to the 90 days in 180 days rule.

I think I have the EU Regs bookmarked.I'll dig round and post the Link if I can find it; it's a very useful document.

Steve

Update: Here are the Regs. The Section starts at the foot of Page 17 [Sec 2.1.2]. Travel Rules in EU if Spouse has EU Passport

 

[berni109]

"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:"

Each country has it's own residence registration period - most are 3 months.
As an EU citizen you have the right to travel freely in the zone and for your wife to accompany you.
You should not ignore the country's residence rules.
BUT as long as you both leave a country within the time limits for residence registration for at least 24hours you can return the following day for another period. Obviously keep some proof of departure and length of stay away.