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Spouse of Irish National

Posted: Sun Oct 31, 2021 2:13pm
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Joined: 31 Mar 2020

Spouse of Irish National 

Good Morning.

I wonder if I can ask for some advice.

We have owned a property in Spain for nearly 4 years now.

I have an NIE number pay non resident tax but my Civil Partner does not.

We have been married/ civil partners since 2005.

I have an Irish passport and am therefore still an EU citizen.

My partner has a British passport.

Our Spanish property is in my name only but our Spanish notarised will and testament confirms the property will transfer to my partner should I become deceased.

We have been told that as my passport is Irish then he can also enter Spain with me and the 90/180 rules will not apply to him.

Has anyone had experience of this and if so how do we present ourselves at customs documentation wise.


Posted: Sun Oct 31, 2021 4:19pm

Holaitsdavid

Very helpful member

Posts: 1483

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Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Sun Oct 31, 2021 4:19pm

Some info EU civil partners below.

https://europa.eu/youreurope/citizens/residence/family-residence-rights/partners/index_en.htm

I think your question should be about the 'Schengen area rules', the restricted stay 90/180 rule is related to this legality rather than Spain. I presume your British partner will now get their passport stamped.

 https://www.axa-schengen.com/en/schengen-visa-couples

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