Irish citizenship, 90/180 day rule, spouse?

[elise2000]

Hi all

I think I’ve found the answer to this online but not 100% sure so hoping someone may know!

My wife has applied for Irish citizenship through descent. When this comes through, will she be bound by the 90/180 rule when travelling in schengen?

Assuming not as this looks to be the case, will I also not be bound by it (assuming travelling with her)? This again looks to be the case but can’t find anything concrete.

Thanks

[sherman]

Do you plan on staying morecthan this anyway?

[ThunderSpook]

Is she going to get an Irish passport? The foreign births registration certificate is not really recognisable as a citizenship certificate, which means her only recognisable identification document will still be her British passport.

[elise2000]

sherman said:

Do you plan on staying morecthan this anyway?

Yes

[elise2000]

ThunderSpook said:

Is she going to get an Irish passport? The foreign births registration certificate is not really recognisable as a citizenship certificate, which means her only recognisable identification document will still be her British passport.

Yep, should have said- after citizenship comes through she’ll apply for the passport

[hellorent]

elise2000 said:

Yep, should have said- after citizenship comes through she’ll apply for the passport

In that case she will be treated as a EU citizen, but you will not so therefore the 90/180 day rule will apply to you.

[nyt]

To answer your second point - From theTimes 4th March

https://www.thetimes.co.uk/article/is-my-british-w...



I have an Irish passport and my wife a British one. Since Brexit, I have been accompanying her through the British passport channels. Recently we both waited some time in the “Brit” queue at Zurich airport and when I got to border control I explained I was in that queue to keep my wife company. The border control officer said that as an EU national I had the right to take my wife though the EU channel regardless of the fact that she didn’t have an EU passport. Clearly we’d need to go to the counter rather than through automatic barriers, but I hadn’t heard that before and have never seen advice to that effect. Could you confirm if that is the case?


It’s true that you can go through the EU channel with your wife and that her travel with you doesn’t count towards her “90 in 180 days” limit for stays in Schengen countries in Europe. I’ve found it impossible to get granular detail on this from an official EU source but page 20 of the Practical Handbook for Border Guards is useful (search on ec.europa.eu) and if you need further reassurance, email the EU Contact Centre (european-union.europa.eu/contact-eu); you should get a response confirming the rules within three working days

[croyde]

I applied for Irish citizenship then a passport so I could have the freedom of staying and possibly working in Europe.....again.

Took nearly 2 years, mainly due to a lot of applications and office closing in Dublin thanks to Covid. I think it's quicker now.

In my example, Spain, it would seem that their laws state that any other European staying longer than 3 months has to make themselves known to the local council and take up Spanish health insurance. I'm sure there are forms etc to fill in.

It's easier than having a Brit passport but there is still red tape to navigate.

Which, btw, the UK could have instigated as well when we were part of Europe.

I'm guessing that you could always pop over the border and come back but as your passport isn't stamped, I'm not sure what that would achieve.

[elise2000]

hellorent said:

elise2000 said:

Yep, should have said- after citizenship comes through she’ll apply for the passport

In that case she will be treated as a EU citizen, but you will not so therefore the 90/180 day rule will apply to you.

Ok thanks

[monthou]

elise2000 said:

hellorent said:

elise2000 said:

Yep, should have said- after citizenship comes through she’ll apply for the passport

In that case she will be treated as a EU citizen, but you will not so therefore the 90/180 day rule will apply to you.

Ok thanks

That's not what the Times link is saying.

TheTimes said:

...her (reader's wife) travel with you doesn’t count towards her “90 in 180 days” limit for stays in Schengen countries in Europe.

[elise2000]

nyt said:

To answer your second point - From theTimes 4th March

https://www.thetimes.co.uk/article/is-my-british-w...



I have an Irish passport and my wife a British one. Since Brexit, I have been accompanying her through the British passport channels. Recently we both waited some time in the “Brit” queue at Zurich airport and when I got to border control I explained I was in that queue to keep my wife company. The border control officer said that as an EU national I had the right to take my wife though the EU channel regardless of the fact that she didn’t have an EU passport. Clearly we’d need to go to the counter rather than through automatic barriers, but I hadn’t heard that before and have never seen advice to that effect. Could you confirm if that is the case?


It’s true that you can go through the EU channel with your wife and that her travel with you doesn’t count towards her “90 in 180 days” limit for stays in Schengen countries in Europe. I’ve found it impossible to get granular detail on this from an official EU source but page 20 of the Practical Handbook for Border Guards is useful (search on ec.europa.eu) and if you need further reassurance, email the EU Contact Centre (european-union.europa.eu/contact-eu); you should get a response confirming the rules within three working days

Thanks, looks great. Will contact them

[elise2000]

croyde said:

I applied for Irish citizenship then a passport so I could have the freedom of staying and possibly working in Europe.....again.

Took nearly 2 years, mainly due to a lot of applications and office closing in Dublin thanks to Covid. I think it's quicker now.

In my example, Spain, it would seem that their laws state that any other European staying longer than 3 months has to make themselves known to the local council and take up Spanish health insurance. I'm sure there are forms etc to fill in.

It's easier than having a Brit passport but there is still red tape to navigate.

Which, btw, the UK could have instigated as well when we were part of Europe.

I'm guessing that you could always pop over the border and come back but as your passport isn't stamped, I'm not sure what that would achieve.

Apparently the current wait is 11 months and she applied one month ago.

We’ll be looking to get residency in Croatia at some point, but just thinking about this a short term thing when we’re travelling a lot, but not here for long chunks.

[Mr Magooagain]

elise2000 said:

Apparently the current wait is 11 months and she applied one month ago.

We’ll be looking to get residency in Croatia at some point, but just thinking about this a short term thing when we’re travelling a lot, but not here for long chunks.

My passport only took 3 months recently but I didn't have to apply for citizenship as both my parents were Irish.

[gotoPzero]

My mrs is Irish.
As I understand it I can travel with her for more than 90 days to another EU country.
But I would need to apply for a permit / visa / residency depending on the country.

[E63eeeeee...]

hellorent said:

elise2000 said:

Yep, should have said- after citizenship comes through she’ll apply for the passport

In that case she will be treated as a EU citizen, but you will not so therefore the 90/180 day rule will apply to you.

This is incorrect. Free movement applies to EU nationals and family members including spouses.

[E63eeeeee...]

Registration processes will be nominally the same but you'll potentially need to prove the relationship as part of yours so take your marriage certificate.

[the tribester]

E63eeeeee... said:

hellorent said:

elise2000 said:

Yep, should have said- after citizenship comes through she’ll apply for the passport

In that case she will be treated as a EU citizen, but you will not so therefore the 90/180 day rule will apply to you.

This is incorrect. Free movement applies to EU nationals and family members including spouses.

Doesn't this only apply if the family member is travelling with the EU national?

[E63eeeeee...]

the tribester said:

E63eeeeee... said:

hellorent said:

elise2000 said:

Yep, should have said- after citizenship comes through she’ll apply for the passport

In that case she will be treated as a EU citizen, but you will not so therefore the 90/180 day rule will apply to you.

This is incorrect. Free movement applies to EU nationals and family members including spouses.

Doesn't this only apply if the family member is travelling with the EU national?

Kind of, yes, but that was how I read the OP.

The EU national needs to be exercising their treaty rights (I.e. living in different EEA country than their native country) in the country you're going to, but you don't have to be physically travelling with them, although it will make your life easier if you do. If, once you're there, you intend to travel independently, it will make your life a lot easier if you get whatever kind of residence documents the host country offers for people in this situation.

[worsy]

elise2000 said:

hellorent said:

elise2000 said:

Yep, should have said- after citizenship comes through she’ll apply for the passport

In that case she will be treated as a EU citizen, but you will not so therefore the 90/180 day rule will apply to you.

Ok thanks

This is allegedly incorrect. Sources suggest that if you are travelling with an EU citizen then the limits do not apply.

https://www.spanishpropertyinsight.com/2021/04/14/...

[croyde]

So reading the above, it does beg the question why EU nationals staying in the UK for more than 3 months pre Brexit, didn't have to do the same?

Or maybe they did!

So it was not really freedom of movement and the automatic right to just up sticks and live and work in another EU country?

Not having done it myself yet but I bet it's fun to rock up at the town hall in say Icod de los Vinos and demand your residency papers when you are nowhere near fluent in the local dialect

Ese hombre es loco y estupido!