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Schengen Agreement

Posted: Wed Nov 22, 2023 3:01pm
11 replies7 members subscribed
Steve34

Posts: 13

Location: Fuengirola

Joined: 28 May 2023

Hi, my wife asked me to post this to see if someone would have the answer to her entitlement.  We have looked for a definitive answer, online, youtube, by emailing Spanish Embassy & Consulate in London, Spanish being of no help, you email them and get an immediate reply showing lots of links to look at and that they are very busy so will not answer, also by post to them.  SO POOR. 

I have copied and pasted copy of that letter/questions below.  Any help would be much appreciated.

Dear Sir or Madam

·  I hold a UK passport.  My husband has dual nationality (two passports), UK & Hungarian.

·  Early in 2024 we have both booked a trip to the Costa Del Sol, Spain.  We dock at Santander on 08 February and sail back from Santander on 04 May.  This is a total of 87 days in Spain.

·  In addition to this I (not my husband this time) have also booked another trip to Spain, landing in Malaga airport on 29 May and departing from Malaga airport on 02 June 2024. This is a total of 5 days in Spain.

My first question is, will this second trip be within the rules of The Schengen Agreement?

My second question is, if it is within the rules, do I have to take some kind of proof, for example my husband’s Hungarian passport showing the above to be truthful.  If that is not acceptable, should I take printed images of my husband’s Hungarian passport including all relevant details/pages?

My final question is, if all else fails, can I travel alone on my 5 days trip, but somehow get a visa to be able to do so?

Thank you very much for your time.

A prompt reply would be appreciated because if I am not allowed to travel, I must try and get a refund on my second 5-day trip.

I am fully aware just how busy you must be my husband and I often spend a day in London and would be happy to make an appointment to come and speak to you at the Embassy in London.  We find the "new rules" very complicated with so much information out there!!

Regards

Rose


Cazmac22

Posted: Thu Nov 23, 2023 10:54am

Cazmac22

Helpful member

Posts: 229

69 helpful points

Location: Nerja

Joined: 11 May 2019

Posted: Thu Nov 23, 2023 10:54am

Steve & Rose, I’m far from being an expert in this subject, and someone else may be able to give a more knowledgeable answer.

Rose, when you travel abroad you do so on your own passport. You will be allowed into Spain for a total of 90 days every 180 days. My understanding is that you will exceed this by two days. Citizens Advice Spain give excellent advice and there is also a Schengen calculator that you can access online. This may give you a better understanding of your situation. Good luck.

Steve34

Posted: Thu Nov 23, 2023 11:35am

Steve34

Original Poster

Posts: 13

Location: Fuengirola

Joined: 28 May 2023

Posted: Thu Nov 23, 2023 11:35am

Cazmac22 wrote on Thu Nov 23, 2023 10:54am:

Steve & Rose, I’m far from being an expert in this subject, and someone else may be able to give a more knowledgeable answer.

Rose, when you travel abroad you do so on your own passport. You will be allowed into Spain for a total of 90 days every 180 days. My understanding is that you will exceed this by two days. Citizens Advice Spain give excellent advice and there is also a Schengen calculator that you can access onl...

...ine. This may give you a better understanding of your situation. Good luck.

I have just sent an email then saw this.  I will look at Citizens Advice Spain.  Just in case I cant find it, could you please send ne a link?

Steve

Cazmac22

Posted: Thu Nov 23, 2023 12:13pm

Cazmac22

Helpful member

Posts: 229

69 helpful points

Location: Nerja

Joined: 11 May 2019

Posted: Thu Nov 23, 2023 12:13pm

Steve34 wrote on Thu Nov 23, 2023 11:35am:

I have just sent an email then saw this.  I will look at Citizens Advice Spain.  Just in case I cant find it, could you please send ne a link?

Steve

I’m sorry Steve, I’ve no idea - I’m the original technophobe!

I just google it and it comes up. Good luck.

Andrew14

Posted: Fri Nov 24, 2023 8:22am

Andrew14

Helpful member

Posts: 189

71 helpful points

Location: Vélez-Málaga

Joined: 26 Mar 2019

Posted: Fri Nov 24, 2023 8:22am

Here's a link to a Shengen stays calculator Schengen Visa Calculator (visa-calculator.com)

Inputting your stays, you will exceed the 90/180 rule by 2 days & were it myself I'd cancel the second trip (or shorten the 1st) . 

As far as I am aware your husbands stays under a Hungarian passport are irrelevant for YOUR stays 

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Steve34

Posted: Sat Nov 25, 2023 4:11pm

Steve34

Original Poster

Posts: 13

Location: Fuengirola

Joined: 28 May 2023

Posted: Sat Nov 25, 2023 4:11pm

Andrew14 wrote on Fri Nov 24, 2023 8:22am:

Here's a link to a Shengen stays calculator Schengen Visa Calculator (visa-calculator.com)

Inputting your stays, you will exceed the 90/180 rule by 2 days & were it myself I'd cancel the second trip (or shorten the 1st) . 

As far as I am aware your husbands stays under a Hungarian passport are irrelevant for YOUR stays 

Sorry for delay and a big thank you.

Planet 1

Posted: Sun Nov 26, 2023 7:11pm

Posts: 9

1 helpful points

Location: Fuengirola

Joined: 11 Dec 2021

Posted: Sun Nov 26, 2023 7:11pm

Steve34 wrote on Sat Nov 25, 2023 4:11pm:

Sorry for delay and a big thank you.

Hi if I were you I would cancel 2nd trip. You cannot travel I to the eu anywhere for more than 90 days. Though this see.s likely to change.

Morelo S

Posted: Mon Nov 27, 2023 7:09am

Posts: 73

25 helpful points

Location: Estepona

Joined: 8 Nov 2021

Posted: Mon Nov 27, 2023 7:09am

I have 2 friends in similar positions. One spouse (important not a partner) has an EU passport in addition to their "foreign" one. In one case Hungarian and NZ, in another Irish and UK. Their spouses have only "foreign" NZ or UK passports respectively. As long as they travel together the non EU passport holder travels with the same rights, and as far as I understand does not use any of their 90/180 entitlement. I understand that carrying your marriage certificate assists in clarity should a challenge be made. As soon as the non EU passport holder travels alone the days start counting. On that basis your second trip would be your first 5 days in Schengen. I am no expert and I am only recounting their experiences. I will, out of interest, ask them this question.

Steve34

Posted: Mon Nov 27, 2023 11:45am

Steve34

Original Poster

Posts: 13

Location: Fuengirola

Joined: 28 May 2023

Posted: Mon Nov 27, 2023 11:45am

Morelo S wrote on Mon Nov 27, 2023 7:09am:

I have 2 friends in similar positions. One spouse (important not a partner) has an EU passport in addition to their "foreign" one. In one case Hungarian and NZ, in another Irish and UK. Their spouses have only "foreign" NZ or UK passports respectively. As long as they travel together the non EU p...

...assport holder travels with the same rights, and as far as I understand does not use any of their 90/180 entitlement. I understand that carrying your marriage certificate assists in clarity should a challenge be made. As soon as the non EU passport holder travels alone the days start counting. On that basis your second trip would be your first 5 days in Schengen. I am no expert and I am only recounting their experiences. I will, out of interest, ask them this question.

A massive thank you for this.

steve

Izzy

Posted: Tue Nov 28, 2023 12:17pm

Posts: 45

14 helpful points

Location: Torre del Mar

Joined: 6 Jan 2020

Posted: Tue Nov 28, 2023 12:17pm

Steve34 wrote on Wed Nov 22, 2023 3:01pm:

Hi, my wife asked me to post this to see if someone would have the answer to her entitlement.  We have looked for a definitive answer, online, youtube, by emailing Spanish Embassy & Consulate in London, Spanish being of no help, you email them and get an immediate reply showing lots of l...

...inks to look at and that they are very busy so will not answer, also by post to them.  SO POOR. 

I have copied and pasted copy of that letter/questions below.  Any help would be much appreciated.

Dear Sir or Madam

·  I hold a UK passport.  My husband has dual nationality (two passports), UK & Hungarian.

·  Early in 2024 we have both booked a trip to the Costa Del Sol, Spain.  We dock at Santander on 08 February and sail back from Santander on 04 May.  This is a total of 87 days in Spain.

·  In addition to this I (not my husband this time) have also booked another trip to Spain, landing in Malaga airport on 29 May and departing from Malaga airport on 02 June 2024. This is a total of 5 days in Spain.

My first question is, will this second trip be within the rules of The Schengen Agreement?

My second question is, if it is within the rules, do I have to take some kind of proof, for example my husband’s Hungarian passport showing the above to be truthful.  If that is not acceptable, should I take printed images of my husband’s Hungarian passport including all relevant details/pages?

My final question is, if all else fails, can I travel alone on my 5 days trip, but somehow get a visa to be able to do so?

Thank you very much for your time.

A prompt reply would be appreciated because if I am not allowed to travel, I must try and get a refund on my second 5-day trip.

I am fully aware just how busy you must be my husband and I often spend a day in London and would be happy to make an appointment to come and speak to you at the Embassy in London.  We find the "new rules" very complicated with so much information out there!!

Regards

Rose


I personally think it’s a bit much to say the service is SO POOR. Embassy’s, consulates etc are not there to work Schengen days out for people it’s down to us to do it. We have been doing it since Brexit and there are plenty of calculators to work it all out. This would be the same as contacting the U.K. embassy to ask them about it and expect an answer. I think you would get the same treatment. 

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