Staying over 90 days

[Lincoln45]

Hi,

My Wife however doesn't qualify for one but as the Wife of an EU citizen I'm told she can't be discriminated against.

Can I ask who told you that.

It is not my understanding as a Brit passport holder married to a Polish passport holder.
She can come and go as she pleases, I have been told I am limited to the 90 in 183 as a non EU passport holder.

Does not affect me anymore but an interesting option for those in a similar position.

https://home-affairs.ec.europa.eu/syste ... rds_en.pdf
The following is from the EU Border Guards Handbook, page 20, there is also some examples following

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 State
without any conditions or formalities (except the need to have a visa for
third-country nationals from a country subject to a visa requirement where
the person is not in possession of a valid residence card or a residence
permit as further explained in point 2.8 of this Section).
When the family member travels on his/her own and does not hold a valid
residence card or a residence permit (see point 2.8 of this Section), 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.

[chrisz]

Thank you for this, I won't print the entire document off, only page 20, but it puts my mind at rest. If all goes well with our plans for 2025 we will look to sell our home in the UK and make a permanent move to Spain.

[Bee]

Again chrisz be careful with the sale of your house so that you don't end up paying tax on the sale in Spain. Best to complete any sale in the second half of the year you intend moving to Spain say anytime from 2nd week in June. Once you are in Spain for 183 days in any tax year (Jan-Dec) you are considered tax resident.

Bee

[chrisz]

Again chrisz be careful with the sale of your house so that you don't end up paying tax on the sale in Spain. Best to complete any sale in the second half of the year you intend moving to Spain say anytime from 2nd week in June. Once you are in Spain for 183 days in any tax year (Jan-Dec) you are considered tax resident.

Bee

Thanks Bee, the advice I am getting is incredibly helpful in navigating the whole malarkey!

[Eden]

My wife is Irish whilst I'm a UK passport holder. Spanish residents and as long as we travel together as a couple we are covered. We take our marriage certificate which is very old and crumpled which I can produce at the kiosk but I've never been asked for it at Alicante or Dublin.
I would think that any problems would arise whilst I travel alone which to date I've not done.
Good Luck

[Bee]

Yes Eden. Travel together or travel to meet your wife no 90/180 days. Travel on your own without your wife or not travelling to meet her then you have to abide by the 90/180. Now how in all that's holy can all that complicated scenario be policed? It can't in my view.

Bee