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Since Brexit, there is now a limitation on the duration a British citizen can reside within the European Union.

How would the following scenario work: I have already entered Spain using my British passport. However, I also have an Irish passport because I am a dual-national. Would this allow me to reside within Spain/EU for longer?

It seems counterproductive to have to leave Spain and then re-enter using the Irish passport. I also question how anybody would keep track of this, as from my experience I can drive all around the EU (crossing borders) without showing my passport.

Do I need to physically have my Irish passport with me?

AakashM
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user5623335
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1 Answers1

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This is governed by Directive 2004/58/EC. There are are three separate points to consider:

  1. The right to enter Spain.
  2. The right to reside in Spain for <= 3 months.
  3. The right to reside in Spain for > 3 months.

Under Article 2(1) you are a "Union citizen" because you are Irish. So anything in the Directive referring to the rights of a Union citizen are applicable to you.

The right to enter

Article 5(1) provides:

Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport. No entry visa or equivalent formality may be imposed on Union citizens.

The important thing is that you have "a" valid passport. It doesn't matter what passport it is, as long as you are a Union citizen.

Right to reside for <= 3 months

This is also straightforward. Article 6(1) provides:

Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.

Again, you just need "a" passport.

Right to reside for > 3 months

Still possible, but with additional requirements. Under Article 7(1), you need to be one of the following: a worker, self sufficient, a student, or a family member of another Union citizen who is one of those. Article 8 provides that the Member State can require you to register and to provide certain documents. This includes presenting an identity card or passport.

Do I need to physically have my Irish passport with me?

Yes, you should carry your Irish passport with you. Although all 3 of the above scenarios only require a passport in general, they all rely on the fact that you are a Union citizen. Without your Irish passport (or identity card) you won't be able to prove to anyone that you actually are a Union citizen in order to assert your rights.

From a practical perspective, you should also avoid entering Spain (from outside the Schengen area) with your British passport. If you do that, border agents will assume you are a tourist and will place an entry stamp in your passport. If you exceed 90 days in a 180 day period in Schengen, you may be considered to have overstayed. This could cause you problems later. It's better to use your Irish passport to go in and out of Schengen.

JBentley
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