EU treaty rights for Partners of EU citizens Freedom of Move

oadbyman · by **oadbyman** » Thu Jul 22, 2021 8:38 am

I hold an EU passport and my wife a UK passport, I want the right to FOM for my wife so I have tried to get these via https://ec.europa.eu/eu-rights/enquiry-complaint-form/home
My request was

How do I protect my treaty rights to travel freely, with my wife, I hold an Irish Passport, my wife a UK passport? I want to travel (tour) in Europe with my wife, over 90 day, but no more than 90 days in any country, something we have done on several times when the UK was a member of the EU. I will be entering and leaving through the Channel Tunnel, can you please advise me on any documents I need and the process at points of entry and exit.

All our situations will be different and you should ask your question on that site.
Please word it so that you get a reply on your situation, I know a lot of people have property and want to spend more that 90 days in 180, as I understand Spain require you to register your presence after 90 days in Spain but you may never spend a straight 90 days so providing you do not spend the magic 183 days you are legal.
The reply to my request was very poor in 4 sections
1/ present our reply at point of enter - (Some chance of achieving my rights)
2/ stick to 90 in 180 (Does not do the job)
3 and 4 assumed I was going to be in one country for over 90 days and register presence or apply for residency, both I would think would be illegal as on my question I am not in one country 90 days.
I have required my MP (Irish) to help and I had acknowledgement and now awaiting a reply.

If you are in the situation can you please sent the emails and pursue the matter, it is our rights, there most be 1000's of people in this situation, only by getting all Irish MP's and MEP's involved will we get our rights, This also apples to any other nationality not I think the Irish are most effected.

Please pm me with any information you have or get, I will post of here updates

jpeg · by **jpeg** » Thu Jul 22, 2021 9:11 am

As an EU citizen you can travel freely all over the EU and your wife can be with you

The answer you want is on here scroll down

https://travel.stackexchange.com/questi ... he-eu-afte

oadbyman · by **oadbyman** » Thu Jul 22, 2021 9:35 am

jpeg wrote:As an EU citizen you can travel freely all over the EU and your wife can be with you

Correct but having the right and using it are 2 different things, I asked the EU how and they were not very good, information on the web may be correct but I would like to know my wife will not have problems, she also has the right to join me and the post you point to infer travel together.

I do not want problems at borders, and officials try to sent you through different gates, officials are stamping passports which infers the person does not have the right, and hence when leaving officials can say you have overstayed.

So you ned something that stops wrong practice at borders, if you intend to do more than 90/180 in EU not just Spain.

Alan mac · by **Alan mac** » Sat Jul 24, 2021 11:36 am

We are in the same position as we own properties in both France and Spain. The Advice I got was pretty much the same as yours one even suggested it very much depended on the officer at the border control as to whether your passport would be stamped or whether you could use the EU gates along with your EU partner

oadbyman · by **oadbyman** » Sat Jul 24, 2021 11:56 am

I have made some progress but one person on their own will not sort it out which is why I have posted on several forums.

If you can take it up with a member of the Dáil, there are only 39 constituencies to it would not take many emails to move this along. In one reply these statement are made "Brexit poses a unique problem in this regard for EU citizens and their families living in Britain" and "border staff may not know how to deal with your situation."

There must be a few 100 readers of this site in the same situation.

I am now asking for details of how I protect our rights in these situation :-
1. We want to travel (tour) in Europe with my wife, over 90 days, but no more than 90 days in any country, taking several months.

2. My wife needs to be able to leave and return if required to attend to family and legal matters without me.

3. At other times we may take a long-term rental in Spain Portugal or Italy never spending more than 90 days at a time in a country or spending the time that would make us tax resident.

4. We may visit the Schengen Area of the EU for more than 90 days in 180 days, in separate trips never staying more than 90 days in any country.

If you could send and email as requested to either a DT or ROI MEP, then this will help, from the response to date they have been positive as if they had not been highlighted to the persons concerned, I think something will be done if enough people in out situation keep asking.

Can you the MP me and keep me up to date with your progress.

Cheers

EU treaty rights for Partners of EU citizens Freedom of Move