Advice Concerning Moving to EU with Non-Eu Spouse

[llp]

Me = Irish Citizen
Spouse = Filipina
Status = Married 15 Months
Location = Living & Working in the Philippines

Background - last year successfully applied for a Schengen visa - most European embassies in Manila refused/ignored our requests (see previous thread for further details):
http://www.immigrationboards.com/europe ... 45781.html

Unfortunately, due to work commitments we were unable to use this visa last year

This year, applied again at the Czech Republic embassy - they were more strict this time, requested to see return tickets (I realise these are not required but didn't want to argue or antagonise them as they seem to be the only European embassy in Manila that play fair concerning Directive 2004/38/EC)

Got the visa, but for some reason it is only valid for a total of 45 days - with a maximum stay duration of 30 (NOTE: this is identical to the the previous unused one)

Now, this is my problem, originally we planned for a vacation in mid-November (return tickets already purchased), however, for other reasons I have decided to quit my job and return to Europe and therefore we want to utilise this visa as part of the moving process

I am not sure of my final working day - it could be quite soon, or I may have to remain until mid-December:

I have read on numerous threads, that as per the aforementioned Directive, my wife automatically gets 90 days - so how does this work if the visa is only valid for 45 day period and a maximum of 30 day duration?

If we are unable to move until mid-December, possibly around 20th, that will only allow 11 days (due to the visa expiry date) for my wife to get registered - is this enough time....especially as no doubt the government offices will shutdown for Christmas/New Year holiday?

P.S. We plan to register under the "self-sufficient" route - not sure if that makes any difference

[dalebutt]

Which country do you plan to settle? the 90 days is enshrined in law, and it doesn't matter the number of days the visa authorises your stay. In accordance with article 6

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

You may visit 4 countries and spend 3 months each in all, and then return to the first country to spend another 3 months, it doesn't make any difference how you exercise treaty rights.

Will you actually be settling in Czech? You might need a lot of luck with that.

[llp]

We plan to go to Malta, but will enter Schengen via the Czech Republic

I understand what you are saying, but do they mark 90 days on the passport, if not, how would they distinguish between a visitor who has over-stayed their visa, and non-EU spouse who has accompanied their wife/husband

Also, with regard to point about moving from country-to-country, how can it be proved that you have stayed 90 days in each country, as there are no border controls within Schengen?

I have researched the residency process for Malta, and as we going down the "self-sufficient" route, we will need to show enough funds and also health insurance; but what about a return ticket when we arrive in Prague in mid-December, I will have a return ticket, but probably for much later in the year, is that likely to be a problem?