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Schengen regulations in emergency

Posted: Wed May 7, 2025 12:20pm
4 replies4 members subscribed
SusieL

Posts: 6

1 helpful points

Location: Fuengirola

Joined: 20 May 2024

We have a holiday home here in Spain. We drive from Uk twice a year with our dogs for 6wks and are here now until 28/05/25. Have just been to vets with one dog and he has to have an operation for tumour removal this Friday 9/4/25. I can stay here as long as necessary as I have an Irish passport and our dogs both have Spanish passports but my husband has a UK passport and will be running out of time he can stay. Is there any way his 90days can be extended to allow him to stay? We need to drive back with the dogs in our UK car  once the poorly one is recovered and that is here in Spain as we came in it. I can’t drive that distance with two dogs on my own if he has to fly back to the UK…  
I would be really grateful for information or where I can obtain it please. We don’t want to do anything to jeopardise his status as we are due to come back for another long holiday in September.

Thank you…

Susie 

Holaitsdavid

Posted: Wed May 7, 2025 3:34pm

Holaitsdavid

Very helpful member

Posts: 1642

637 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Wed May 7, 2025 3:34pm

Yes, a non-EU spouse of an EU citizen can stay in Spain for more than 90 days (which is the standard limit under the Schengen 90/180-day rule) by applying for a residence card as a family member of an EU citizen. The bottom line he will need to apply for residence,

.

To stay in Spain longer than 90 days, you should apply for a "Tarjeta de Residencia de Familiar de Ciudadano de la Unión" (Residence Card for a Family Member of an EU Citizen) within three months of your arrival in Spain. This card is typically valid for five years and allows you to live and work in Spain.Ministry of Foreign Affairs+2Administracion+2Ministry of Foreign Affairs+2

Requirements include:

It's important to note that while the application is being processed, you are allowed to stay in Spain legally, even if your initial 90-day period has expired.

   

Patrick8

Posted: Wed May 7, 2025 11:54pm

Posts: 79

19 helpful points

Location: Fuengirola

Joined: 15 Dec 2018

Posted: Wed May 7, 2025 11:54pm

Holaitsdavid wrote on Wed May 7, 2025 3:34pm:

Yes, a non-EU spouse of an EU citizen can stay in Spain for more than 90 days (which is the standard limit under the Schengen 90/180-day rule) by applying for a residence card as a family member of an EU citizen. The bottom line he will need to apply for residence,

.

To stay in Spain longer than 90 days, you should apply for a "Tarjeta de Residencia de Familiar de Ciudadano de la Unión" (Residence Card for a Family Member of an EU Citizen) within three months of your arrival in Spain. This card is typically valid for five years and allows you to live and...

... work in Spain.Ministry of Foreign Affairs+2Administracion+2Ministry of Foreign Affairs+2

Requirements include:

Valid passport

Proof of family relationship (e.g., marriage certificate)

Proof that your EU spouse is residing in Spain and exercising their right to free movement (e.g., employment contract, registration with local authorities)

Completed application forms and any applicable feesMinistry of Foreign Affairs+4European Union+4Advocate Abroad+4European Union+10Ministry of Foreign Affairs+10Advocate Abroad+10Advocate Abroad+1Ministry of Foreign Affairs+1Business Insider

It's important to note that while the application is being processed, you are allowed to stay in Spain legally, even if your initial 90-day period has expired.

   

Your quite correct with what you state, but it is a lot of hoops to jump through, and of course will involve a lot of expense... in reality, if these people turn up at Calais, or wherever they are crossing when they can, they won't have a problem getting in to the UK, and if the woman with the EU Passport is the driver, if stopped before they leave, there will not be a problem..... just hang on in there, your not bank robbers, just victims of circumstances....

Holaitsdavid

Posted: Thu May 8, 2025 2:40am

Holaitsdavid

Very helpful member

Posts: 1642

637 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Thu May 8, 2025 2:40am

Patrick8 wrote on Wed May 7, 2025 11:54pm:

Your quite correct with what you state, but it is a lot of hoops to jump through, and of course will involve a lot of expense... in reality, if these people turn up at Calais, or wherever they are crossing when they can, they won't have a problem getting in to the UK, and if the woman with the EU...

... Passport is the driver, if stopped before they leave, there will not be a problem..... just hang on in there, your not bank robbers, just victims of circumstances....

I would not like to say if would not get fined, or have a problem returning with an entry ban back into the Schengen area, they do check non EU citizens in and out. 

SusieL

Posted: Thu May 8, 2025 9:34am

SusieL

Original Poster

Posts: 6

1 helpful points

Location: Fuengirola

Joined: 20 May 2024

Posted: Thu May 8, 2025 9:34am

Holaitsdavid wrote on Thu May 8, 2025 2:40am:

I would not like to say if would not get fined, or have a problem returning with an entry ban back into the Schengen area, they do check non EU citizens in and out. 

Thank you for the replies. It’s basically what I thought. We have decided if it becomes necessary that my husband will fly back to the UK and then return when the dog is well enough to travel back by car… it’s not worth him getting into any problems with exit/entry regulations… 

Brexit has created so many problems for the UK…

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