# Irish Passport and Spouses Entitlement



## boilerman

Hi, I'm waiting for my Irish passport to arrive atm, but my wife only has a UK passport. Does anyone know what, if any restriction's would be placed on her, or would she have the same benefits as myself. I ask because I was told that she could not stay for the same length of time as me. Is this true? and are there any other differences that anyone knows of.
I've been on the Irish gov site, but most of the answers are for people living in Ireland.
Many thanks for any help


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## ALKB

boilerman said:


> Hi, I'm waiting for my Irish passport to arrive atm, but my wife only has a UK passport. Does anyone know what, if any restriction's would be placed on her, or would she have the same benefits as myself. I ask because I was told that she could not stay for the same length of time as me. Is this true? and are there any other differences that anyone knows of.
> I've been on the Irish gov site, but most of the answers are for people living in Ireland.
> Many thanks for any help


Are you looking to visit or move permanently to France?


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## Bevdeforges

As I have always understood this, the spouse of an EU national has the right to "join" their spouse in an EU country under a somewhat "simplified" procedure. Here in France that seems to be that the EU national must be established in France and have a place to live. Within the first three months that the non-EU spouse enters France, he or she must apply for a carte de séjour as the spouse (well, "close family member") of the EU national, supplying the various documents to prove the status of both the non-EU spouse and that of the EU spouse, including proof of residence and health insurance for both of them.

The carte de séjour issued is supposed to grant the same rights to the non-EU spouse or family member as the EU national has - and is basically tied to the continued residence of the EU spouse in France. 

For the official version, take a look here: Carte de séjour en tant que membre de famille d'un Européen


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## BackinFrance

Is the question actually about long holidays in France and the rolling 90 days in 180 rule for non EU citizens such as your wife @boilerman ?


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## Clic Clac

Have you looked into getting her an Irish passport?
Has she lived on the 'Island of Ireland' for 3 years?

"If you are married to, or in a civil partnership with, an Irish citizen, you can apply to become an Irish citizen by naturalisation. You can apply if you live in Ireland or Northern Ireland and meet the following conditions:

You are 18 or over.
You have been married for 3 years or more.
You have lived on the island of Ireland for 3 out of the 5 years before you make your application (see ‘Calculating reckonable residence’ below). You must have lived in Ireland or Northern Ireland continuously for 12 months before the date of your application.
You intend to live in Ireland after you have become an Irish citizen.
You live with your spouse.
You are of ‘good character’ (see ‘Check that you qualify’ below).






Becoming an Irish citizen through naturalisation


Naturalisation is the process through which a foreign national can become an Irish citizen. Find out more about who is eligible to become an Irish citizen through naturalisation and how to apply.




www.citizensinformation.ie






* I've just noticed the 3rd last point.


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## boilerman

ALKB said:


> Are you looking to visit or move permanently to France?


Thanks, initially its for longer holidays and in time a possible permanent residency


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## boilerman

Bevdeforges said:


> As I have always understood this, the spouse of an EU national has the right to "join" their spouse in an EU country under a somewhat "simplified" procedure. Here in France that seems to be that the EU national must be established in France and have a place to live. Within the first three months that the non-EU spouse enters France, he or she must apply for a carte de séjour as the spouse (well, "close family member") of the EU national, supplying the various documents to prove the status of both the non-EU spouse and that of the EU spouse, including proof of residence and health insurance for both of them.
> 
> The carte de séjour issued is supposed to grant the same rights to the non-EU spouse or family member as the EU national has - and is basically tied to the continued residence of the EU spouse in France.
> 
> For the official version, take a look here: Carte de séjour en tant que membre de famille d'un Européen


Thanks Bev, appreciate that


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## boilerman

BackinFrance said:


> Is the question actually about long holidays in France and the rolling 90 days in 180 rule for non EU citizens such as your wife @boilerman ?


In a nutshell, yes. The idea is to stay for as long as possible, and then possibly persuading me to move. Pams all for it**


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## boilerman

Clic Clac said:


> Have you looked into getting her an Irish passport?
> Has she lived on the 'Island of Ireland' for 3 years?
> 
> "If you are married to, or in a civil partnership with, an Irish citizen, you can apply to become an Irish citizen by naturalisation. You can apply if you live in Ireland or Northern Ireland and meet the following conditions:
> 
> You are 18 or over.
> You have been married for 3 years or more.
> You have lived on the island of Ireland for 3 out of the 5 years before you make your application (see ‘Calculating reckonable residence’ below). You must have lived in Ireland or Northern Ireland continuously for 12 months before the date of your application.
> You intend to live in Ireland after you have become an Irish citizen.
> You live with your spouse.
> You are of ‘good character’ (see ‘Check that you qualify’ below).
> 
> 
> 
> 
> 
> 
> Becoming an Irish citizen through naturalisation
> 
> 
> Naturalisation is the process through which a foreign national can become an Irish citizen. Find out more about who is eligible to become an Irish citizen through naturalisation and how to apply.
> 
> 
> 
> 
> www.citizensinformation.ie
> 
> 
> 
> 
> 
> 
> * I've just noticed the 3rd last point.


Nice one CC, unfortunately we dont live in Ireland, she does have a distant Irish relative but that drew a blank


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## BackinFrance

boilerman said:


> In a nutshell, yes. The idea is to stay for as long as possible, and then possibly persuading me to move. Pams all for it**


I think your wife may need to apply for a longer holiday visa, but if/when the time comes that you want to move permanently the process should be pretty simple given you already own a home in France, that is done thr the loc Préfecture within 3 months of your move.


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## Clic Clac

boilerman said:


> Nice one CC, unfortunately we dont live in Ireland, she does have a distant Irish relative but that drew a blank


 Think I'm confusing you with someone we have over in Northern Ireland.


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## ALKB

boilerman said:


> Thanks, initially its for longer holidays and in time a possible permanent residency


Generally, EU nationals also only have 90 days - for stays beyond that, they should exercise treaty rights, register where it's required and set up official residency in the host country. Practically, it's not really enforcable for EU nationals, especially if they are from within Schengen, nobody knows how long one has been in which country. Unless they try to apply for benefits or anything of the sort.

Due to the pandemic, subsequent lack of travel and the relatively short time span since Brexit came into full force, I don't think we heard any accounts of having stayed longer than the 90 days, then leaving France with a British spouse. Do we have any of other third country nationals from before Covid?

I know Germany is pretty strict about this and will probably want to see that you are a resident rather than a visitor if you exceeded the 90 days with a third country national family member in tow, not sure how lenient/attentive France is in that regard.


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## BackinFrance

ALKB said:


> Generally, EU nationals also only have 90 days - for stays beyond that, they should exercise treaty rights, register where it's required and set up official residency in the host country. Practically, it's not really enforcable for EU nationals, especially if they are from within Schengen, nobody knows how long one has been in which country. Unless they try to apply for benefits or anything of the sort.
> 
> Due to the pandemic, subsequent lack of travel and the relatively short time span since Brexit came into full force, I don't think we heard any accounts of having stayed longer than the 90 days, then leaving Spain with a British spouse. Do we have any of other third country nationals from before Covid?
> 
> I know Germany is pretty strict about this and will probably want to see that you are a resident rather than a visitor if you exceeded the 90 days with a third country national family member in tow, not sure how lenient/attentive Spain is in that regard.


Boilerman is talking about visits to France, not Spain. As you rightly point out different EU countries have different approaches. Also the Republic of Ireland is not a Schengen country.


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## ALKB

BackinFrance said:


> Boilerman is talking about visits to France, not Spain. As you rightly point out different EU countries have different approaches. Also the Republic of Ireland is not a Schengen country.


Sorry, I edited my post. Since the forum got its make over, I tend to get lost.

I know ROI is not a Schengen country, I was just mentioning that coming from within Schengen makes the rules even less enforcable, I wasn't suggesting that Ireland would fit that. Especially since OP does not live in Ireland but the UK. Even more reason to probably be scrutinised by border officals. I remember flying from Paris to London in 2015 and even then everyone was asked how long they had been in France and what they had been doing there.

Still, I don't think an Irish national on the way from France to the UK would face any problems. An Irish national with a British national, who has a stamp in their passport that's older than 90 days...


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## boilerman

ALKB said:


> Generally, EU nationals also only have 90 days - for stays beyond that, they should exercise treaty rights, register where it's required and set up official residency in the host country. Practically, it's not really enforcable for EU nationals, especially if they are from within Schengen, nobody knows how long one has been in which country. Unless they try to apply for benefits or anything of the sort.
> 
> Due to the pandemic, subsequent lack of travel and the relatively short time span since Brexit came into full force, I don't think we heard any accounts of having stayed longer than the 90 days, then leaving France with a British spouse. Do we have any of other third country nationals from before Covid?
> 
> I know Germany is pretty strict about this and will probably want to see that you are a resident rather than a visitor if you exceeded the 90 days with a third country national family member in tow, not sure how lenient/attentive France is in that regard.


Again, thanks, for time being then, 90 days it is.


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## boilerman

ALKB said:


> Sorry, I edited my post. Since the forum got its make over, *I tend to get lost.*
> 
> I know ROI is not a Schengen country, I was just mentioning that coming from within Schengen makes the rules even less enforcable, I wasn't suggesting that Ireland would fit that. Especially since OP does not live in Ireland but the UK. Even more reason to probably be scrutinised by border officals. I remember flying from Paris to London in 2015 and even then everyone was asked how long they had been in France and what they had been doing there.
> 
> Still, I don't think an Irish national on the way from France to the UK would face any problems. An Irish national with a British national, who has a stamp in their passport that's older than 90 days...


Welcome to my world, thanks


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## boilerman

Just a very belated update on my Irish passport application. As you can see, its been over 4 months since I first applied. Just a few days ago, it all came back, minus the Passport. There's been a paperwork mess up from the Dublin end, so they sent it all back to me. Good job I'm in no hurry🤣. So now its back in the post again, and I'm not even sure its worth having, given that my better half, has a UK passport. I'm still restricted......I hate David Cameron so much for lying about Brexit


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## Nunthewiser

boilerman said:


> Just a very belated update on my Irish passport application. As you can see, its been over 4 months since I first applied. Just a few days ago, it all came back, minus the Passport. There's been a paperwork mess up from the Dublin end, so they sent it all back to me. Good job I'm in no hurry🤣. So now its back in the post again, and I'm not even sure its worth having, given that my better half, has a UK passport. I'm still restricted......I hate David Cameron so much for lying about Brexit


Don't be daft...of course it's worth having...especially since you've done all the work to get it already.


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## Bevdeforges

It's also worth going through with all this because you're going to find that France operates in this fashion, too. If there is "something" wrong with your file (the "paperwork mess up" you mention) or if you are lacking a document, they normally send the entire dossier back to you for you to correct and then send in the whole thing again. Saves the other sort of paperwork mess up - where they keep the dossier, ask you for the clarification or additional document and then either the file itself or the new information fails to get matched up on arrival.


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## boilerman

Bevdeforges said:


> It's also worth going through with all this because you're going to find that France operates in this fashion, too. If there is "something" wrong with your file (the "paperwork mess up" you mention) or if you are lacking a document, they normally send the entire dossier back to you for you to correct and then send in the whole thing again. Saves the other sort of paperwork mess up - where they keep the dossier, ask you for the clarification or additional document and then either the file itself or the new information fails to get matched up on arrival.


Thanks Bev, I think my expectations were set too high, in the euphoria of it all. 🤣 But hey, I'll be the happiest man around when it lands...... or the oldest🤣


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