Poster: A snowHead
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OK this is an interesting one. So i am a UK citizen with the new non EU Passport. My wife has dual nationality. She has an Irish mother, so has an Irish (EU) passport plus a UK passport. We live in the Republic of Ireland.
My driving licence is an Irish one, as is my wife's, as we had to change prior to poxy Brexit. Even our dog has an EU Irish passport.
When i worked for UK Border Force part time after retiring from 30 years in UK Police, i noticed that if you were married to, or the partner of an EU citizen, you could get an EU Vignette in your passport, that gave you, the holder EU Rights, such as work, live, buy property. So for example at passport control, a punter would rock up with say a non EU passport, lets use Brazil as the example, so technically they would need a visa to enter the UK. However in their passport they would have an EU Partner/family member of an EU citizen stamp/vignette. This meant they had all the rights of an EU Citizen, live, work, buy property etc.
So i am the Partner of an EU citizen ( wife has Irish Citizenship ) so why cannot i find out how to get one of these magic stickers in my passport, no one seems to be able to answer the question. In theory if we go to France for a ski season, after 90 days i am illegal, but my wife isn't. Blooming crazy.
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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@Timbobaggins, never heard of that, would be a fine thing for many if it still exists!
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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@under a new name, under EU Law, a family member of an EU citizen has EU rights throughout Europe. But as i said when i worked for Border Force at Stansted Airport, Non EU passports with the family member stamp in it, could pass through the then EU passport control, bearing in mind i worked there, pre brexit
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You need to Login to know who's really who.
You need to Login to know who's really who.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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@Timbobaggins, how much longer do you have to go on your residency requirements in Eire before you qualify for spouse citizenship?
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You'll need to Register first of course.
You'll need to Register first of course.
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@Timbobaggins, Would you get the EU vignette from the Irish passport agency?
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@Timbobaggins, being a family member of an EU citizen, that's not the case.
You do still need to go thru the local formalities, e.g., Carte de Sejour in France, and I don't have freedom of movement. Without FR I wouldn't otherwise have right of residence or employment in FR, and it doesn't extend to, e.g. IT.
Maybe the "vignette" was just a preferential entry visa?
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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@Nadenoodlee, have lived in Ireland for nearly 7 years
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@Timbobaggins, that link refers to the rights of EU nationals, not nationals of 3rd countries like Columbia, Syria, the uk or other similar failed states.
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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In EU law, there are 2 types of family member who can apply for a residence card based on EU law: qualifying family members and permitted family members.
In EU law, there are 2 types of family member who can apply for a residence card based on EU law: qualifying family members and permitted family members.
The following are qualifying family members:
Your spouse or civil partner
Your child or the child of your spouse under the age of 21
Your grandchild or your spouse’s grandchild under the age of 21
Your dependent parent, or dependent parent of your spouse
Your dependent grandparent, or the dependent grandparent of your spouse
Other direct, dependent descendants or direct, dependent relatives in the ascending line (for example, great grandparents or great grandchildren) of either you or your spouse
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And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
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@under a new name, well then my training notes from Border Force must be wrong, because even if you are a national of a third country and are legally a partner/spouse etc. of an eu citizen then the above applies. ????
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@Timbobaggins, yep, but you still have to apply for a residence permit.
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You know it makes sense.
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@under a new name, ok so if i wanted to tour the EU for 91 days in one go, my wife with her EU (Irish passport ) needs not to worry, what do i need then.
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Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
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Poster: A snowHead
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@Timbobaggins, you’d get a passport then as its on 3/5 years. Go that route and save the hassle.
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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@albob, thanks.
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You need to Login to know who's really who.
You need to Login to know who's really who.
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@Timbobaggins, if you have an EU residency permit, no worries. Which I guess you have as an ROI resident? Or maybe under CTA rules? But you wouldn't be able to take a job in e.g. France.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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@Timbobaggins, I have been through all this as I am Irish (no big guess there!) but my partner only has UK nationality. She is resident in the UK and I am resident in Germany. It used to be no issue traveling back and forward. Now she is limited by the the 90 days in 180 thing. Yes she has a right to German residency (and easy to do unlike some countries) because of me but that means living here all the time which she cant do because of work so that rules that out. Even if she got German residency that would not entitle her to spend more than 90 days out of 180 in the rest of Schengen (though in practice there are no checks). I cant get her Irish nationality unless we moved to Ireland to live as the rules changed 20 years or so ago (she could probably get German nationality just as quickly). I have checked out all the various approaches and there does not appear to be any way round all this, EU wide visas dont exist in this context.
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You'll need to Register first of course.
You'll need to Register first of course.
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Just reviving this thread again… both my husband and I live in the UK but as I have Irish family I’m entitled to apply for an Irish passport. We want to do a season of 4 months if possible in Austria for the 2025/2026 season. So my question is if I get my Irish passport can my husband who is a UK only passport holder then stay out with me in Austria over the Schengen 90 day rule? Looking at some of the info on the EU sites it seems to indicate that as long as we can prove we’re married then he can travel with me as my spouse? and after the 3 months we register/get a residency permit for the 4th month… Has anyone gone through this process okay?
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@Sparky85, what sorts of work/qualifications does your husband have?
He could consider applying for this:
https://www.workinaustria.com/en/blog/the-job-seeker-visa/
That'll allow 6 months here, and then just don't bother looking for work??
We have friends here where the wife is Australian but with an Italian passport, and her husband is South African but came here with a family reunification visa, but that doesn't really help in your situation I don't think.
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Yeah he’s quite highly qualified and looking at the points could qualify that way if you don’t think the being a spouse rule qualifies
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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@Sparky85, I don't know how the spouse rule works, I was sponsored for an EU blue card, and my partner got a red-white-red plus card off the back of it.
I would suggest a quick email to III7@bmaw.gv.at
They've been really helpful and quick at responding when I had some questions around my visa since we've moved here.
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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@swskier, okay thanks I’ll email them
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And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
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Surinder Singh.
I think it only works if you live in EU country A (Ireland) and your spouse wishes to move EU country B (France) and exercise treaty rights there. You can't just have a (for want of a better phrase) EEA family permit placed in your passport whilst you are in your country of normal residence.
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