Does the 180 day rule apply if your common in law partner has an EU passport..???

Simonnsj

Simonnsj

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My partner has an Irish Passport which means she can stay in the EU for an unlimited time whereas I only have a British passport so I have to abide by the 180 day rule. However, whilst we were in Ireland last year we spoke to the owner of a lovely campsite in Doonbeg who was adamant I could stay in the EU beyond 180 days as my partner has an EU passport and we can prove we are a 'couple'!
We have tried to find some info about this but our search has been somewhat unsuccessful so I wondered if anyone here has any experience of this scenario and if so what we would have to do to remain in the EU beyond 180 days?
Any advice would be greatly appreciated.
 
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I have an Irish passport my wife a UK one we carry a copy of our marriage certificate. I hand mine over first then my wife's and they dont even look at hers just stamp it and hand it back. I also carry a copy of the right of movement but have never needed to show it.

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You definitely need to have a legally recognised 'attachment', ie a marriage or civil partnership, without that you are not actually legally attached at all ... whilst we are discussing this in terms of travel it also has bigger implications for your home life etc, such as access to the other's accounts if one pops their clogs, without a legal relationship things can be very messy, same with wills, no legal relationship and no will then no legal right to anything of the other party's chattels even if that's what they wanted.
 
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HKF said:
You might not need to worry about it for too long....

www.dailymail.co.uk

Spain joins calls for post-Brexit 90-day visit limit to be axed

The Spanish government has admitted that the rule, which limits how long British travellers can spend in European Union countries without a visa, is negatively impacting Spain.
www.dailymail.co.uk www.dailymail.co.uk
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Has anyone read the article? At the end it says it's a French senator who is saying that Brits buying a second home ought to be allowed a visa it's not been debated yet in the senate and the government opposes it so thats probably not going to happen in France.
In Spain there have been rumblings about the 90 in 180 since Brexit so far very little sign that anything is going to happen unless the EU agree and at the minute seems very unlikely.
Anyone fancy putting a fiver on it happening within say 5 years?
I think it's been put about by the same people who predicted lots of other countries leaving when we did , number so far left =0. ( 7years on ).
 
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Minxy said:
You definitely need to have a legally recognised 'attachment', ie a marriage or civil partnership, without that you are not actually legally attached at all ... whilst we are discussing this in terms of travel it also has bigger implications for your home life etc, such as access to the other's accounts if one pops their clogs, without a legal relationship things can be very messy, same with wills, no legal relationship and no will then no legal right to anything of the other party's chattels even if that's what they wanted.
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This on a bit of a tangent has made me think of carrying a copy of the page of our LPAs identifying the attorneys (wife & kids) re health wise when abroad. If one of us god forbid should get very poorly it’s only a piece of paper and can be in our passports safe. Obviously it’s a UK legal document expressing our wishes but you would hope a hospital or Drs would accept it to determine course of care plan.
 
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I hate to say “I told you so” but hasn’t Brexit turned out to be a real PITA?!

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HKF said:
No point going off on a tangent here. I think the OP has enough to think about.
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Is it going off at a tangent? Why have we got the 90 in 180 rule! It seems a strange thing to say after posting about some in other countries objecting to the limit!
 
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The Wino said:
Is it going off at a tangent? Why have we got the 90 in 180 rule! It seems a strange thing to say after posting about some in other countries objecting to the limit!
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You'll see I deleted this post because I'd replied to the wrong thread :) You were too quick in replying :)
 
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HKF said:
You'll see I deleted this post because I'd replied to the wrong thread :) You were too quick in replying :)
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I used to do that lots posted in the wrong thread didn't even know until I was told
Got into lots of trouble for that one :rofl:

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Nanniemate said:
I used to do that lots posted in the wrong thread didn't even know until I was told
Got into lots of trouble for that one :rofl:
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LOL My only excuse is trying to do too many things at once! :) I should be working, really, and packing up to leave this hotel....not chit-chatting to my mates :rolleyes: :Grin:
 
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Mick and Ruth said:
This on a bit of a tangent has made me think of carrying a copy of the page of our LPAs identifying the attorneys (wife & kids) re health wise when abroad. If one of us god forbid should get very poorly it’s only a piece of paper and can be in our passports safe. Obviously it’s a UK legal document expressing our wishes but you would hope a hospital or Drs would accept it to determine course of care plan.
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LPAs May not be recognised by EU bodies such as banks, hospitals, government department.
 
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Otter Spotter said:
LPAs May not be recognised by EU bodies such as banks, hospitals, government department.
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I doubt they would but if your in hospital, in distress, it may assist your partner to advise medical staff on your behalf to make decisions re your wishes. I would only carry a copy of front of document and grant of attorneys so two pages. Not bothered about finance as that’s all back in UK.
 
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HKF said:
LOL My only excuse is trying to do too many things at once! :) I should be working, really, and packing up to leave this hotel....not chit-chatting to my mates :rolleyes: :Grin:
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Working from home/wheels/hotels its very easy to procrastinate

Believe me I know :eek:

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The Wino said:
Has anyone read the article? At the end it says it's a French senator who is saying that Brits buying a second home ought to be allowed a visa it's not been debated yet in the senate and the government opposes it so thats probably not going to happen in France.
In Spain there have been rumblings about the 90 in 180 since Brexit so far very little sign that anything is going to happen unless the EU agree and at the minute seems very unlikely.
Anyone fancy putting a fiver on it happening within say 5 years?
I think it's been put about by the same people who predicted lots of other countries leaving when we did , number so far left =0. ( 7years on ).
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I think part of the problem is the 90/180 rule does not have anything directly to do with brexit as such, it existed anyway, the uk changed their situation so now it applies to them as well. If the eu make an exception for the uk, then it sets a president for other countries, individuel countries can issue a 6 month visa, but this is open to abuse due to open boarders. What needs to happen is the possibility of an eu 6 month visa option, then the borders dont matter. But getting the eu to agree to that is probably as difficult as getting the uk to go back to freedom of movement.
 
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Widge said:
I think part of the problem is the 90/180 rule does not have anything directly to do with brexit as such, it existed anyway, the uk changed their situation so now it applies to them as well. If the eu make an exception for the uk, then it sets a president for other countries, individuel countries can issue a 6 month visa, but this is open to abuse due to open boarders. What needs to happen is the possibility of an eu 6 month visa option, then the borders dont matter. But getting the eu to agree to that is probably as difficult as getting the uk to go back to freedom of movement.
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I tend to agree. The idea we can have something without anything in return is a bit laughable now

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In France it’s a dodgy question whenever talking about “common law” partners. You have few rights unless you are PACS ed or declared as Concubiné(e). But even if you have completed these declarations I do not think it covers the rules for staying in France over the limit.
 
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Thanks for all the useful comments - as someone mentioned very early on, I think what we were told in Ireland about common in law status maybe incorrect hence we have been unable to seek confirmation anywhere. At least we know so will have to work around the 90 days or get hitched!
 
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Am going through this at the moment as found the wifes grandfather was born in Ireland Co Mayo.
I am OK as well because we are MARRIED. and this data is logged with the irish passport office.
Not so sure re civil partnerships. No mention in the docs they ask for. Original copies of birth, marriage and death certificates required.
Good luck.. Just get married.

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Clive Mott said:
Am going through this at the moment as found the wifes grandfather was born in Ireland Co Mayo.
I am OK as well because we are MARRIED. and this data is logged with the irish passport office.
Not so sure re civil partnerships. No mention in the docs they ask for. Original copies of birth, marriage and death certificates required.
Good luck.. Just get married.
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Just to add Ireland is a Roman Catholic country so I would not expect them to accept civil partnerships, but I may be wrong.
 
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