Schengen ETIAS travel authorization

[Graham376]

Understand all that but the excerpt from DG JUST you posted implies something different

A bit ambiguous at first glance but says - a right of residence going beyond these days in the Member State which issued the residence permit. Not the right of residence everywhere. Here's some more info -

Thank you for contacting the Europe Direct Contact Centre.

As your spouse is a Portuguese citizen, he/she will continue to benefit from the rights set out in the Free Movement Directive when travelling, after the end of the transition period, to EU Member States other than that of which he/she is a national.

The Free Movement Directive applies not only to EU citizens who move to or reside in a host Member State but also to their family members as defined in point 2 of Article 2 who accompany or join them.

You will thus derive a right of entry and residence from your spouse when accompanying or joining him/her in the territories of EU Member States of which he/she is not a national.

However, as mentioned above, Member States may, where the EU citizen exercises the right to move and reside freely in its territory, require the family member who is a non-EU national to have an entry visa (Article 5(2)).

Regulation (EU) 2018/1806 listing the countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement determines which non-EU nationals need a visa when travelling to EU Member States, except for Ireland. Annex I to the Regulation lists those non-EU nationals who are required to be in possession of a visa when crossing the external border of the Member States. Annex II to the Regulation lists those non-EU nationals who are exempt from the requirement to be in possession of a visa when crossing the external borders of the Member States for stays of no more than 90 days in any 180-day period.

The text of the Regulation and its Annexes is available at the following website: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571825109562 HYPERLINK "EUR-Lex - 32018R1806 - EN - EUR-Lex"& HYPERLINK "EUR-Lex - 32018R1806 - EN - EUR-Lex"uri=CELEX:32018R1806

Regulation (EU) 2018/1806 has been amended to exempt UK nationals intending to visit the EU from the visa requirement for stays of no more than 90 days in any 180-day period.

The above means that you will be able to travel visa free in your own right for a maximum of 90 days in any 180-day period in the EU (except for Portugal where your stay is not limited since you hold residence there).

It also means that you will be exempted from the entry visa requirement when accompanying or joining your spouse to visit the EU, without any limitation to 90 days in a 180-day period (Article 6(2) of the Free Movement Directive).

When you are travelling alone to other EU countries with the purpose to join your spouse , you would derive your right to entry from your spouse, as non-EU national spouse of an EU mobile citizen. You will not have to wait 90 days after already having spent there 90 days.

In order to verify whether you have a derived right of entry and residence, the host Member State may only require you to present a valid passport, a proof of family ties with your spouse (i.e. your marriage certificate) and proof that you, as the non-EU national spouse of a mobile EU citizen, are (or will be) joining your EU citizen spouse who is exercising free movement rights in a host Member State.

Please note that, regarding periods of residence that exceed three months in any host Member State, your spouse will need to have sufficient resources for you and himself/herself not to become a burden on the social assistance system of the host Member State during the period of your residence and have comprehensive sickness insurance cover in the host Member State (Article 7(1) Free Movement Directive), unless he/she works or is self-employed in the host Member State.

 

[Birdseye]

Fortunately for some, UK citizens who have official residence in the EU don't require ETIAS authorisation.

But preumably the 300m of foreigners who live in the EU do need the authorisation or something similar to visit the UK.

The EU looks more and more like a laager every day. Making it difficult for their citizens to buy any foreign goods, making it difficult for visitors to go to the EU.

 

[Graham376]

But preumably the 300m of foreigners who live in the EU do need the authorisation or something similar to visit the UK.

The EU looks more and more like a laager every day. Making it difficult for their citizens to buy any foreign goods, making it difficult for visitors to go to the EU.

I don't think EU citizens need authorisation to visit the UK for holidays, just for longer visits. Restrictions across the world are making easy travel a thing of the past.

 

[syvictoria]

Residents passports should not be stamped when in transit to/from their country of residence -

Thank you for contacting the Europe Direct Contact Centre and apologies for the late reply.

We have consulted the Directorate-General for Justice and Consumers (DG JUST). They can inform you that when transiting via another country than the Member State of residence, passports should not be stamped on entry/exit. Residence permit holders are not limited to the maximum period of stay of 90/180 days within the Schengen area as they have a right of residence going beyond these days in the Member State which issued the residence permit.

Does the onus fall on an individual border person to decide whether you're transiting or taking an entirely unrelated jolly elsewhere though? I can see that a through ticket, change of public transport/plane, etc. can easily be used to demonstrate that you're transiting, but turning up at Dover in a private car doesn't really say anything about your intentions. I imagine that there will continue to be a lot of additional stamps in passports, and the need to get un-stamped in your country of residency will often be necessary if you want to stop the clock ticking and avoid future issues, delays and debates with border staff!

 

[westernman]

Does the onus fall on an individual border person to decide whether you're transiting or taking an entirely unrelated jolly elsewhere though? I can see that a through ticket, change of public transport/plane, etc. can easily be used to demonstrate that you're transiting, but turning up at Dover in a private car doesn't really say anything about your intentions. I imagine that there will continue to be a lot of additional stamps in passports, and the need to get un-stamped in your country of residency will often be necessary if you want to stop the clock ticking and avoid future issues, delays and debates with border staff!

I don't think the stamps are going to matter in the slightest.
Just show your residence card.

In any case, all the information they need to know (and a lot more) is recorded in the computer they look you up on.

I have got no stamps in my passport since Brexit. Despite flying to/from countries not in the Schengen area.

 

[billskip]

I have found my mother in laws Irish berth certificate so my wife’s Irish roots are all coming back to her she says. Just need to find a slot for her to part with uk passport as I think you have to send off to get a green passport .

My ex wife is Irish, she is the mother of my son who was born in England, he holds an English (Uk) passport.
He applied for an Irish passport and now has both UK and Irish passports, no problems just filled forms, paid fee and waited.

 

[Glisferox]

My ex wife is Irish, she is the mother of my son who was born in England, he holds an English (Uk) passport.
He applied for an Irish passport and now has both UK and Irish passports, no problems just filled forms, paid fee and waited.

Also, if you take your forms and British passport to the Irish Passport and Visa Office, behind Gloucester Rd tube station, they will check your form and passport there and then. You then don't need to send your British passport off. It's worth it for peace of mind.