Schengen Loophole.

[Mistroma]

Agreed but when I contacted the EU help line they said after 90 days in one country I had to present both of us for registration.
I take that to mean there is a possibility of moving out of that country for a few days, get some receipts to prove movement out of country hence no 90 day overstay then return having reset the clock complete another 89 day stay. Technically I can't see anything wrong with this and it negates the need for possible residency applications?
Problem as you say is not many people have real world experience of this, damn, some people can't even be bothered to read the full thread before jumping in late and posting incorrect info....
Looks like another email to the EU help desk...

My understanding is the same. I've never seen a reference to "in 180 days" regarding EU nationals. I've only found reference to registering after 90 days. Greece assumes a permanent move after 90 days and requires means of support, medical cover, etc.

I always suspected that it would be cheaper to leave for a day and return to reset the c!ock. However, my wife has a UK passport and so I reported my stay to the local police. My wife wouldn't get her biometric card if I did not follow that rule.

 

[Graham376]

I fail to understand why there is so much concern about a stamp in a passport, ( unless it's trying to dodge the system)
Also giving up your residence ( only you know the adv & disadv) still puts one in the position of abiding by the UK rules with reference to being absent from the UK for more than 180 days.

When a passport is stamped wrongly, it leaves the holder having to explain why they appear to have overstayed, when they exit Schengen.

As far as my residence is concerned, although our main home is UK where we pay taxes, we rarely, if ever, meet the 180 day rule. Unlikely we have ever met the Portuguese rules either as we're away sailing in Spain & Gib for some of the year. UK thinks we live there, Portugal thinks we live here. May be simpler to be here as a family member in company with EU citizen but will have to consider carefully,

 

[billskip]

have any passports ever been stamped wrongly ? I think we never know the true facts, also if passports are being stamped wrongly is it published in the media?

 

[nortada]

have any passports ever been stamped wrongly ? I think we never know the true facts, also if passports are being stamped wrongly is it published in the media?

Yes, as a Portuguese resident departing Faro with Memsaab, who requires assisted travel, our passports (with residency documents) were taken for processing.

When returned both passports had been stamped.

Pointed out we were residence and the reply was,” No problem, as we scan all passports, we have all of the information on you we need. Stamping your passports is a largely out-of-date formality that means nothing.”

Loosely translated, “Stamp or no stamp, we have you by the balls.”?

 

[nortada]

When a passport is stamped wrongly, it leaves the holder having to explain why they appear to have overstayed, when they exit Schengen.

As far as my residence is concerned, although our main home is UK where we pay taxes, we rarely, if ever, meet the 180 day rule. Unlikely we have ever met the Portuguese rules either as we're away sailing in Spain & Gib for some of the year. UK thinks we live there, Portugal thinks we live here. May be simpler to be here as a family member in company with EU citizen but will have to consider carefully,

Given our change of circumstances, we no longer require residency but rather than take positive steps to cancel our Portuguese residency, that could raise all sorts of questions from SEF, we intend to just leave sleeping dogs lie.

Still awaiting an email to invite us for an interview for our bio-metric residency permits - unlikely to respond or attend.?

 

[Graham376]

Given our change of circumstances, we no longer require residency but rather than take positive steps to cancel our Portuguese residency, that could raise all sorts of questions from SEF, we intend to just leave sleeping dogs lie.

Still awaiting an email to invite us for an interview for our bio-metric residency permits - unlikely to respond or attend.?

If you intend wintering in Ayamonte apartment, would be worth keeping up your residency as you can cross from Portugal to Spain as often as you want without any border checks, Spanish won't even know you're there.

 

[westernman]

If you intend wintering in Ayamonte apartment, would be worth keeping up your residency as you can cross from Portugal to Spain as often as you want without any border checks, Spanish won't even know you're there.

I doubt there are any border checks between Portugal and Spain. There certainly aren't any between France and Spain.

 

[billskip]

Yes, as a Portuguese resident departing Faro with Memsaab, who requires assisted travel, our passports (with residency documents) were taken for processing.

When returned both passports had been stamped.

Pointed out we were residence and the reply was,” No problem, as we scan all passports, we have all of the information on you we need. Stamping your passports is a largely out-of-date formality that means nothing.”

Loosely translated, “Stamp or no stamp, we have you by the balls.”?

Your loosely translated is yours, mine is stamp or no stamp it's easy sorted.
Also being stamped out, how is that a problem?

 

[nortada]

Your loosely translated is yours, mine is stamp or no stamp it's easy sorted.
Also being stamped out, how is that a problem?

I was responding to your question (#123), have any passport been stamped wrongly.

Not too sure about your comment - Your loosely translated is yours etc. and never suggested there was any problem

ps Our present circumstances mean that long stays out of the UK are a thing of the past.

 

[billskip]

Deleteted

 

[nortada]

If you intend wintering in Ayamonte apartment, would be worth keeping up your residency as you can cross from Portugal to Spain as often as you want without any border checks, Spanish won't even know you're there.

Whilst we will visit Ayamonte, we will spend most of the time in Portugal. The total stay is unlikely to exceed 90 days in 180.

 

[Ningaloo]

From the FB discussion, the 10k rule comes from handling visiting ships crew so they are not excluded from working on board within Schengen

As long as everyone on board is crew, could be workable

How etias will handle it is anyone's guess

It is supposed to apply to professional seamen with appropriate employment documents, not "tourist" boat crew.

 

[syvictoria]

I did ask the EU. I told them I'm a EU citizen. My wife only a British citizen and we are both resident in England. There answer was that she did not have to abide by the 90/180 as long as she travelled with me or to me.

We are in the same position and I was told the same.

Agreed but when I contacted the EU help line they said after 90 days in one country I had to present both of us for registration.

This has always been the case, but it's a rule that's regularly been ignored by EU citizens due to a seeming lack of consequences. If one of you is not an EU citizen, I (personally) would follow the letter of the law and both either present yourselves after 90 days, or leave and re-enter. Fortunately this clock resets much like a boat's VAT TA one. It's all about the continuous length of the current stay and nothing beforehand matters (at least up to 183+ days in a year when tax and residence implications may kick in depending upon the EU state in question).

 

[Travelling Westerly]

This has always been the case, but it's a rule that's regularly been ignored by EU citizens due to a seeming lack of consequences. If one of you is not an EU citizen, I (personally) would follow the letter of the law and both either present yourselves after 90 days, or leave and re-enter. Fortunately this clock resets much like a boat's VAT TA one. It's all about the continuous length of the current stay and nothing beforehand matters (at least up to 183+ days in a year when tax and residence implications may kick in depending upon the EU state in question).

That's great news and logically it makes sense. Is this what you do? If so where do you go to reset the clock and how's best to prove it?
I was thinking of popping into say Spain for a week from France but as another poster said I won't be getting a stamp in the passport to prove it so I thought maybe keep hold of receipts to prove the move?

 

[syvictoria]

That's great news and logically it makes sense. Is this what you do? If so where do you go to reset the clock and how's best to prove it?
I was thinking of popping into say Spain for a week from France but as another poster said I won't be getting a stamp in the passport to prove it so I thought maybe keep hold of receipts to prove the move?

Reporting presence for short stays (<3 months) - Your Europe

The above link may be helpful, and registering your presence doesn't appear to be onerous.

We have previously (pre-B) taken a trip back to the UK for a fortnight (Christmas, so it was a convenient/necessary trip) to break a longer stay in Italy. Some proof of travel would, I assume, perhaps be helpful to demonstrate that you've visited another EU state, but I'm not sure what would officially be demanded (if anything).

 

[BoatBouy]

Travelling with a non resident spouse of an EU citizen you are entitled to travel, without registering residence, for periods of less than three months per country without regards to the 90/180 rule while travelling with the EU spouse.

From the Practical Handbook for Borderguards:

https://ec.europa.eu/home-affairs/s...-and-visas/schengen/docs/c2019-7131-annex.pdf

 

[goeasy123]

It is supposed to apply to professional seamen with appropriate employment documents, not "tourist" boat crew.

You should read the source documents. There are two and they are either/or. One refers to employed persons the other simply refers to seafarers. It mandates the content of a document in detail. The detail is exactly matched by a passport. A seafarer is anyone that travels by boat or ship. In this document there is no implication that the seafarer should be in paid employment on a vessel.

 

[goeasy123]

That's great news and logically it makes sense. Is this what you do? If so where do you go to reset the clock and how's best to prove it?
I was thinking of popping into say Spain for a week from France but as another poster said I won't be getting a stamp in the passport to prove it so I thought maybe keep hold of receipts to prove the move?

We got a ruling from Your Europe. It says there is no limit on the time to turn round. You can take a rail trip across a border and back with the ticket purchase as proof. But no one is going to ask you 'cause there is no procedure that would cause an immigration authority to ask.

The way the law is written implies you reset the clock by passing through another EU state. It says '....
for consecutive periods of up to three months per Schengen States... etc'. However leaving and entering the same state seens to be OK. So if you fly home to the UK and back that's OK. Also, if you sail into international waters and back, that's OK.

Ref: https://home-affairs.ec.europa.eu/system/files/2019-10/c2019-7131-annex.pdf See section 2.1.2

 

[Star-Lord]

That's interesting.
I had to get my Irish passport renewed during lockdown and it took 8 months.
My wife is eligible to apply for one (Irish born grandparent), but would first have to apply for a Foreign Births Registration, as she has not previously held an Irish passport. She was told that the office handling that was closed and to ask again in 18 months time. So we were looking at a two year wait potentially for the whole process.

Have you now passed the FBR part of the process? How long do you think it will be in total from singing, to receiving the passport?

FBR done. very straight forward and quick once you have the required paper. Took me ages to sort out all the certificates (birth, marriage and death). From start to finish if you have all the paperwork and you fill in the forms correctly I reckon 6 months - 9 months.

 

[sailaboutvic]

God all this stuff you guys know ,
must take up heck amount of time Google in , taking to custom officers, asking people in airport lounges there view.
Do anyone actually go sailing ?