Schengen

[robertj]

Just a question about Schengen.
If you’re wife an eu (Irish) citizen and you have Uk passport can’t you go for longer than 90days.
If so do you need to book in and out or just wait to present your passport when boarded?

 

[Kelpie]

We spent about eighteen months cruising Schengen continuously. One Irish and two British passports. Nobody ever batted an eyelid.

 

[ithet]

My understanding is that when travelling WITH an EU partner the non-EU passport holder is NOT subject to 90/180 rules. This only applies for the period while they are together, if travelling separately the non-EU holder rules applies (i.e. for UK holder would be 90/180). This is from the EU advice to border guards.

A "normal" entrance through passport control would allow the passports to be presented along with documentary evidence (i.e. marriage certificate). I like the OP would also be interested to hear what would be the expected procedure (if any) when entering Schengen via own yacht. I expect it is as Kelpie says, just do as you are legally allowed, but make sure the evidence is available.



(edited)
https://home-affairs.ec.europa.eu/system/files/2022-11/Practical handbook for border guards_en.pdf

See P20.

 

[goeasy123]

We have been sailing in the EU since March 2019 as an UK/EU couple. This is our experience.

The law relates to the EU citizen who has the right to have their family member travel to, from and with them. In this case Schengen 90/180 days rules do not apply to the non-EU family member. The 90 days residency limit and 180 day national tax limits may apply to both. You should understand the law relating to these cases as the authorites often confuse these with Schengen rules. You need to know the law as you may be asked to defend the position by border authorities who do not know it. ... to the extent sometimes that you have to convince them Ireland is in the EU. Do not ask any authority what your rights are. That will get you into a hole.

Carry the relevent printed out extracts from the DIRECTIVE 2004/38/EC and the Border Guard practical guide. Carry your marriage certificate and historic proof of travelling togther. Airline boarding passes are good. Crew lists are also good as they are a legal document even though you generate tem yourself. Have a spreadsheet outlining when you travelled together. If the non-EU spouse is travelling to or from the EU through an external border they should carry a letter from the EU spouse stating so and take the shortest route possible without delay. This is only really necessary if the non-EU passport stamps in the non-EU spouses suggests they are over the 90 days.

Non EU-spouse should always get their passport stamped in and out through external borders. If you ever have a problem the EU citizen should contact SOLVIT stating they are Irish and therefore EU citizens, Sometimes they get it wrong. If so the next port of call is the Irish Embassy in the offending country.

But to be honest noone G's A F.

 

[robertj]

We have been sailing in the EU since March 2019 as an UK/EU couple. This is our experience.

The law relates to the EU citizen who has the right to have their family member travel to, from and with them. In this case Schengen 90/180 days rules do not apply to the non-EU family member. The 90 days residency limit and 180 day national tax limits may apply to both. You should understand the law relating to these cases as the authorites often confuse these with Schengen rules. You need to know the law as you may be asked to defend the position by border authorities who do not know it. ... to the extent sometimes that you have to convince them Ireland is in the EU. Do not ask any authority what your rights are. That will get you into a hole.

Carry the relevent printed out extracts from the DIRECTIVE 2004/38/EC and the Border Guard practical guide. Carry your marriage certificate and historic proof of travelling togther. Airline boarding passes are good. Crew lists are also good as they are a legal document even though you generate tem yourself. Have a spreadsheet outlining when you travelled together. If the non-EU spouse is travelling to or from the EU through an external border they should carry a letter from the EU spouse stating so and take the shortest route possible without delay. This is only really necessary if the non-EU passport stamps in the non-EU spouses suggests they are over the 90 days.

Non EU-spouse should always get their passport stamped in and out through external borders. If you ever have a problem the EU citizen should contact SOLVIT stating they are Irish and therefore EU citizens, Sometimes they get it wrong. If so the next port of call is the Irish Embassy in the offending country.

But to be honest noone G's A F.

Thanks

I’ve since found birder advice about this.