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AndersG

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Regretfully, I'm not sure that the laws in any EU state respect the idea of 'commonlaw' partner, do they? Certainly not in the context of FoM anyway AFAIA. It's either married/civil partnered (but perhaps that's what's intended above) or nothing. Length of relationship and/or living arrangements count for nothing legally.
I would not be to surprised if common law partner would be enough to get freedom of movements. I vaguely recall they used the word partner when I was reading up on the legislation.
 

syvictoria

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I would not be to surprised if common law partner would be enough to get freedom of movements. I vaguely recall they used the word partner when I was reading up on the legislation.

I don't believe so, as you are expected to show proof by way of a marriage or civil partnership certificate AFAIA.
 

Fr J Hackett

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It could be a simple data base search Vic

UK passports that's all that it would need then they refine it by last entry and departure.
 

sailaboutvic

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It could be a simple data base search Vic

UK passports that's all that it would need then they refine it by last entry and departure.
That's possible, it's also possible I get knock down to morrow,
but if I'm going to worry about what might happen the last place I want to be is on a boat crossing seas as anything can and do happen.

Really guys is that how people carry on, no wonder there big money in therapy if people worry about what might happen .
I have bigger problem to worry about ,
 

Mistroma

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I remember a report covering issues with EU citizens and non-EU family members entering or staying in Schengen areas. There was specific mention of the need to prove a partnership and mention of the need for recent documentation. One requirement was that a marriage certificate had to be less than 6 months old.

I thought that might just be due to one awkward official. However, I have been told that my wife will need to produce a marriage certificate issued within 6 months of her interview date in Greece. The certificate must be translated into Greek by a lawyer or similar authorised party.

UPDATE:
I found the PDF and it actually says 3 months in some cases. I don't think it was a real rule, just something that officials often required.

In order to recognise a non-EU marriage certificate, the immigration authorities or consulates often require that, besides being apostilled and officially translated, the certificate must be:
  1. Registered in the country of the EU citizens’ nationality; and/or
  2. Recent, not > 3 months old.
 

syvictoria

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I remember a report covering issues with EU citizens and non-EU family members entering or staying in Schengen areas. There was specific mention of the need to prove a partnership and mention of the need for recent documentation. One requirement was that a marriage certificate had to be less than 6 months old.

I thought that might just be due to one awkward official. However, I have been told that my wife will need to produce a marriage certificate issued within 6 months of her interview date in Greece. The certificate must be translated into Greek by a lawyer or similar authorised party.

UPDATE:
I found the PDF and it actually says 3 months in some cases. I don't think it was a real rule, just something that officials often required.

In order to recognise a non-EU marriage certificate, the immigration authorities or consulates often require that, besides being apostilled and officially translated, the certificate must be:
  1. Registered in the country of the EU citizens’ nationality; and/or
  2. Recent, not > 3 months old.

I'm not sure what the PDF you mention relates to, but I'm not aware of any time restrictions for documented proof of marriage/civil partnerships for the purpose of FoM/travelling with an EU spouse/partner. This is a right of all EU citizens and is not time limited.
 

Sailfree

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I remember a report covering issues with EU citizens and non-EU family members entering or staying in Schengen areas. There was specific mention of the need to prove a partnership and mention of the need for recent documentation. One requirement was that a marriage certificate had to be less than 6 months old.

I thought that might just be due to one awkward official. However, I have been told that my wife will need to produce a marriage certificate issued within 6 months of her interview date in Greece. The certificate must be translated into Greek by a lawyer or similar authorised party.

UPDATE:
I found the PDF and it actually says 3 months in some cases. I don't think it was a real rule, just something that officials often required.

In order to recognise a non-EU marriage certificate, the immigration authorities or consulates often require that, besides being apostilled and officially translated, the certificate must be:
  1. Registered in the country of the EU citizens’ nationality; and/or
  2. Recent, not > 3 months old.

Dont worry - I needed a small mortgage against a UK property. Wife still was paid in her professional maiden name and held bank account in that name. Declared her income but they wanted marriage cert as bank A/C in her maiden name. We were married in 2004. Married Cert not acceptable as no documents over 12 months old were acceptable in the mortgage application!! Just a load of box tickers reviewing docs. At that time I owned 3 UK properties and 1 Portuguese properties outright plus the yacht so I obviously had not been stupid with my hard earned money but silly me fancy not getting a new marriage certificate each year so that none are older than 12 months!!
 

Graham376

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I'm not sure what the PDF you mention relates to, but I'm not aware of any time restrictions for documented proof of marriage/civil partnerships for the purpose of FoM/travelling with an EU spouse/partner. This is a right of all EU citizens and is not time limited.

In general, if you need to provide proof of anything by document in Portugal, the document must be <6 months old. Remember when I took out permanent residence years ago, I had to obtain a new copy of my birth certificate. Not unusual for UK documents to have to be legalised as well.
 

Mistroma

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I'm not sure what the PDF you mention relates to, but I'm not aware of any time restrictions for documented proof of marriage/civil partnerships for the purpose of FoM/travelling with an EU spouse/partner. This is a right of all EU citizens and is not time limited.

Sorry I didn't have a link to hand. It was a document from 2018 or 2019 by ECAS in their Knowledge Centre on Freedom of Movement in the EU. Freedom of Movement in the EU | ECAS

I found the document.
https://ecas.org/wp-content/uploads/2019/03/ECAS-Study-on-Freedom-of-Movement-in-the-EU.pdf

The right itself is not time limited, apart from still being married (or partner) and able to supply proof. It seems that it was not unusual for officials to demand a recent document. I imagine they feel happier that I'm still married and didn't divorce. Of course the certificate doesn't prove that to be the case, it just keeps them happy.

I mentioned that I had recent personal experience in this matter. I have been told directly and in great detail that we need a recent marriage certificate translated into Greek by an officially accepted source. The certificate they translate must be no more than 6 months old. I said that I'm pretty certain it isn't a real rule but the PDF and my experience indicate that is a requirement people might need to accept. I know that I will get a lot of grief if I don't comply. The person I'm dealing with has made that abundantly clear.

I have been told that my wife has two options. One in her own right under the Brexit agreement but that might fail. The second is as the wife of an EU citizen and that is just a matter of supplying all the required documentation regarding income, health cover and proof of marriage. I will bring a recent marriage certificate to Greece as it isn't worth arguing about and risking problems.
 

westernman

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If Spain goes this way, other countries will follow.

If individual countries decide to exercise their sovereignty over this it hard to see what Brussels can do.
Immigration policy is different in different countries already anyway.

For instance, it is easy for a Brazilian to emigrate to Portugal. Very hard for him/her to emigrate to France.
It is easy for a Moroccan to emigrate to France. Very hard for him/her to emigrate to Germany.

Many other cases related to preferential treatment for former colonies etc.
 

sailaboutvic

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If Spain goes this way, other countries will follow.

If individual countries decide to exercise their sovereignty over this it hard to see what Brussels can do.
For what it's worth my option is with the combination of Covid and brexit many European countries have been hit hard as far as tourist,
be it cruisers/RV/second homes/back packers/ long term travelers and so on some thing us going to happen.
What I found 2020, 9 months in three different EU countries no one was bothered or at less no one was interested in what was in my passport.
The only countries that anything regarding any problem was Greece but that's not surprising as there so much confusing regarding anything to do with boats .
We was boarded twices once because it was early In the year and we was anchored in a remote places the other was mid-season when local Police was calling on everyone including local boat , both time no more then the usually documents asked and a look in the passport to see if it coraspond to us ,
there was no looking for any stamps
 

syvictoria

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...
What I found 2020, 9 months in three different EU countries no one was bothered or at less no one was interested in what was in my passport.
...
there was no looking for any stamps

But the transition period didn't end until 31st December 2020. Last year, the rules were different. This (first) year, especially with covid complicating matters, I would expect the rules to be relaxed slightly. Going forward, who knows? Enforcement levels might very well remain low until ETIAS is fully implemented I suspect, with just a few unlucky individuals being caught out. Whether it's worth taking the risk and purposely ignoring the rules, only the individual concerned can decide.
 

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