Travelling in Schengen with a partner with an EU passport

[syvictoria]

Travel documents for non-EU family members

It's a right vested in the eu citizen rather than the 3rd country national. It applies to the EU countries other than the one the EU citizen's home country.

Just to be pedantic... My understanding is that the EU citizen's residency (home) is irrelevant, and additionally I don't believe that their country of citizenship is excluded as you seem to imply? (wrong!)

 

[pandos]

Just to be pedantic... My understanding is that the EU citizen's residency (home) is irrelevant, and additionally I don't believe that their country of citizenship is excluded as you seem to imply?

I don't think I made any reference to the EU citizen's country being relevant, (obviously other than the fact that to be a EU citizen one must be a citizen of a member country ) the types of proof of relationships required are for the particular country where one is travelling.

Perhaps it might help you to read the EU document I linked to.

 

[webcraft]

We are intending to enter into a civil partnership. I find it hard to believe marriage would be recognised but a civil partnership would not.

My question is, has anyone done it/is anyone doing it?

- W

 

[syvictoria]

Their citizenship is relevant once it is of an eu country . EU rights

Just to be pedantic...read the EU document I linked to.

I think perhaps the use of the word 'home' in a previous post has caused confusion here.

You're quite right however that my second assertion was incorrect. The EU spouse's country of nationality is excluded in relation to travel/FoM. Any separate national rules relating to a non-EU spouse/civil partner joining an EU spouse in their country of citizenship are largely irrelevant to the conversation here.

 

[TiggerToo]

I think such civil partnerships would have to be legalised and recognised in the country ie have a bit of paper ie in France a PAX. If that is the case would it have to be done in the country of the partners nationality and the document seems to indicate residence which may or may not prove to be an issue.

out of interest: would that mean being "concubines"?

 

[st599]

Just to note, it's a direct family member, not just a spouse/partner.

I know a few people whose kids are EU citizens via the maternal side, they can travel freely in the EU provided their kids are present.

 

[pandos]

We are intending to enter into a civil partnership. I find it hard to believe marriage would be recognised but a civil partnership would not.

My question is, has anyone done it/is anyone doing it?

- W

If you look at the link I posted you will see that some countries have different views and require different levels of relationship/proof thereof...

And it is the rules of the country you are going to that count.

 

[webcraft]

My question remains, has any UK passport holder without residency got direct experience of officially using this (EU partner rule) to stay more than 90 days in the Schengen area?

- W

 

[Travelling Westerly]

My question remains, has any UK passport holder without residency got direct experience of officially using this (EU partner rule) to stay more than 90 days in the Schengen area?

- W

Not yet but will do in the next 6 months.
I'm going to print out and present the EU response that Graham posted if required and just go for it. Same situation as you I think in that I have an Irish passport and wife only has a British passport. I foresee some local law interpretation issues but the EU law seems clear to me so I'm just going and will face the issues if and when they pop up

 

[Graham376]

My question remains, has any UK passport holder without residency got direct experience of officially using this (EU partner rule) to stay more than 90 days in the Schengen area?
- W

I think it's a bit early to ask that question here, we've only recently come under the third country rules and Covid has buggered travel so little experience. I think your question would be better asked on somewhere such as Noonsite which is populated by third country citizens with many years of experience.

 

[BoatBouy]

Not yet but will do in the next 6 months.
I'm going to print out and present the EU response that Graham posted if required and just go for it. Same situation as you I think in that I have an Irish passport and wife only has a British passport. I foresee some local law interpretation issues but the EU law seems clear to me so I'm just going and will face the issues if and when they pop up

Below is an excerpt from the Practical Handbook for border guards found on the eu website at https://ec.europa.eu/home-affairs/system/files_en?file=2019-10/c2019-7131-annex.pdf

I would print out and keep this on me as well as the original legislation granting the rights of free movement to eu citizens and their family members found here EUR-Lex - 32004L0038R(01) - EN - EUR-Lex

I would also carry the original marriage certificate to prove that you are a qualifying family member as well as photocopies of the spouses eu passport in the case that you are crossing the border alone.

Once the Etias and EES are fully up and running it is my understanding that those who are eligible family members of union citizens will not generate an automated overstay alert in the EES if they exceed the 90/180 days rule.

2.1.2. In the case of third-country nationals who are family members of EU, EEA and CH citizens, they have the right of residence in a Member State for a period of up to three months if they are in possession of a valid passport and are accompanying or joining the EU, EEA or CH citizen, without any limitation to 90 days in a 180-day period.

To be noted that, third-country nationals who are family members of EU, EEA and CH citizens are entitled to accompany or join the EU, EEA or CH citizen for consecutive periods of up to three months per Schengen States without any conditions or formalities (except the need to have a visa for third-country nationals from a country subject to a visa requirement).

When the family member travels on his/her own, the normal regime concerning the length of the short stay will (re)start to apply, as the conditions for benefiting from the facilitations concerning the free movement of the EU, EEA and CH citizens and their families are not met anymore.
The previous stays performed in the area without internal border controls accompanying or joining the EU, EEA or CH citizen should not be taken into account for the sake of the calculation of the compliance with the 90/180-day rule which is applicable to the short stay only.

*Examples
An Indian national married to a French citizen may accompany his French spouse to Germany for three months, Spain for two months and Italy for three months, thus staying in the area without internal border controls for a total consecutive period of eight months.
A Japanese citizen is married with an Estonian citizen and has never come to the EU before. The Japanese citizen accompanies his Estonian spouse to Italy for one month. Just after that month, the Estonian spouse leaves Italy and returns to Japan to work. The Japanese citizen can remain alone for another 90 days (the limit of 90 days in any 180-day applies).
A Chinese citizen married to a Swedish citizen spends alone, for business purposes, 15 days in Austria. The Swedish citizen then joins him and they spend one month in Portugal. Just after that month, the Swedish spouse leaves the EU. The Chinese citizen can remain alone for the remaining 75 days in the 180-day period (the limit of 90 days in any 180-day period applies, but the stay performed together with the EU citizen should not be counted (in this example, the one month period) when assessing the respect of the limit of 90 days in any 180-day period.).

 

[Travelling Westerly]

Below is an excerpt from the Practical Handbook for border guards found on the eu website at https://ec.europa.eu/home-affairs/system/files_en?file=2019-10/c2019-7131-annex.pdf

I would print out and keep this on me as well as the original legislation granting the rights of free movement to eu citizens and their family members found here EUR-Lex - 32004L0038R(01) - EN - EUR-Lex

I would also carry the original marriage certificate to prove that you are a qualifying family member as well as photocopies of the spouses eu passport in the case that you are crossing the border alone.

Once the Etias and EES are fully up and running it is my understanding that those who are eligible family members of union citizens will not generate an automated overstay alert in the EES if they exceed the 90/180 days rule.

Great reply, thanks BoatBouy

 

[Kelpie]

As of today we are now only legally present in the EU on the basis of my EU passport. But we don't know when we will first be quizzed on this. I believe we are entirely within our rights to be here but I plan to keep a fairly low profile- no more flights to the UK...

 

[Travelling Westerly]

As of today we are now only legally present in the EU on the basis of my EU passport. But we don't know when we will first be quizzed on this. I believe we are entirely within our rights to be here but I plan to keep a fairly low profile- no more flights to the UK...

Good luck and I'm sure you will be fine. Can you keep this thread updated as I'm sure it will be useful to quite a lot of people including me. I'll put a watch on this thread
Cheers

 

[paddywackcocker]

Good luck and I'm sure you will be fine. Can you keep this thread updated as I'm sure it will be useful to quite a lot of people including me. I'll put a watch on this thread
Cheers

good idea I’ve already passed the info and links on to a few friends.