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Hi, I have just read the article on Spanish property insight about E.U. family regrouping and the 90/180 rule. Unfortunately I am a little confused. Having contacted the citizen advice bureau Spain. Where I asked the question. “ my wife is an Irish citizen living in the U.K. and I believe she retains all the benefits of an E.U. Citizen. As a dependent I also believe under E.U. law I benefits from these as well. So what I wish to confirm, does this means while visiting our holiday home in Spain I am not restricted to the 90 days in a 180 day period that other U.K. citizens/passport holders have been since the U.K. left the E.U”?
I got a reply from CAB Spain which said “Hello John. Yes you are correct, as the spouse of an EU citizen, you are not subject to the 90 day in 180 day ruling when travelling or visiting your wife. Let us hope border control are aware of this”
When I got this reply I thought fantastic, but now having read this article from Raymundo Larraín I am totally confused again, can anyone clarify who is right?
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John Boy, I can see where your confusion comes from. The article by Raymundo was focused on residency, and as such didn’t look at the fact that that spouses of EU citizens are not bound by the 90/180 day rule. It seems to be that the response you got from Europe Direct was the definitive answer. Thanks for sharing that.
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Hi Mark,
My partner is Spanish and I have therefore done a lot of research into the ‘benefits’ of being married to an EU citizen and what that means for us enjoying our second home in Spain.
While you are correct that being married to an EU citizens allows you to avoid the 90/180 days rule that ONLY applies when the EU citizen is exercising their right to free movement in ANOTHER EU STATE. It DOES NOT apply when we travel to Spain as Spanish law would apply as my partner is not covered by EU free movement laws in his home country.
So, the 90/180 would not apply to me in Portugal, France, Germany but it WOULD apply in my partners’ home state – Spain.
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