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Going to Eu with GB husband

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  • LAWYER RESPONSE Going to Eu with GB husband

    Hi,
    I am both D and GB, and we live in UK. My husband is GB only.
    We have a motorhome with which we go to southern Europe in winter. We are financially independent.
    I have heard that the 90/180 rule does not apply to my husband, as long as he is with me, as I have the right to family life.
    Is that the case and if so, where is it written, so we can show a border guard if we need to.
    Many thanks and kind regards

  • #2
    Originally posted by Stentipede View Post
    Hi,
    I am both D and GB, and we live in UK. My husband is GB only.
    We have a motorhome with which we go to southern Europe in winter. We are financially independent.
    I have heard that the 90/180 rule does not apply to my husband, as long as he is with me, as I have the right to family life.
    Is that the case and if so, where is it written, so we can show a border guard if we need to.
    Many thanks and kind regards
    Gabriella B (lawyer) Am I right in saying that the 90 in 180 days still apply to British nationals married to an EU national? I realise this may be a bit outside UK immigration law but I thought you may have an idea.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Sorry I am not sure about that. My understanding is that if you are on a Schengen visa, the limits are the same for everyone, but as a spouse it is possible to stay longer but on a different basis (long term visa etc) and I think it depends on the country - don't know more than that!

      I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

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      • #4

        Stentipede, I had the same question, so here is what I found. In April 2021, I read a response on a message board from the Europe Direct Contact Centre to a man named John from the UK traveling with his Irish/EU wife, asking a similar question about the 90 day limitation. The response from EDCC supposedly stated the following "However, if your wife is travelling with you to a Schengen country, or joins you in a Schengen country, the 90/180 days limitation does not apply." I contacted the EDCC myself in June 2021 and asked them if they could confirm that the response above was accurate. I also asked if there is any law or documentation I can carry with me to avoid any problems for myself and my wife traveling through Schengen borders beyond 90 days straight. Here is their reply: Thank you for contacting the Europe Direct Contact Centre. Further to your enquiry we want to inform you that there is no specific document for this kind of situation. ... However, if you are travelling with your wife to a Schengen country, or joining her in a Schengen country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with her will not be taken into account when you travel again on your own. Please be aware, however, that in this case you might need to have documentation to show when you were travelling with her and when you were not. For further information, we recommend that you contact the authorities of the country you would like to travel to: EU/EEA embassies and consulates - Your Europe You can also find additional information here: Brexit: travel documents for EU nationals residing in the UK / UK nationals residing in an EU country - Your Europe If you wish to remain in a given country for more than 3 months, both you and your wife may need to register your residence: Residence formalities - Your Europe We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions.

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        • #5
          Finally found a source to support what I have been told above. This is the EU "Practical Handbook for Border Guards", last updated in 2019.

          Link

          If the link doesn't work, just google c2019-7131-annex.pdf. The relevant text is on page 17 (2.1.2) and examples on page 18.

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          • #6
            Originally posted by TexIT View Post
            Finally found a source to support what I have been told above. This is the EU "Practical Handbook for Border Guards", last updated in 2019.

            Link

            If the link doesn't work, just google c2019-7131-annex.pdf. The relevant text is on page 17 (2.1.2) and examples on page 18.
            The link does work for me.

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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