Less than 3 months validity on passport - returning to country of residence, non-EU spouse

[KaGo]

Hi all,

Would really appreciate some advice. Me and my husband live in Malta and finally decided to take the plunge and travel together to the UK for Christmas, with him using his non-EU family member residence card.

Trouble is, his renewed passport has been majorly delayed and hasn't arrived in time- he still has his old passport, but it expires in January.

My concern is returning to Malta/Schengen area with less than 3 months on his passport, could this be a problem? So, in essence my question is:

- Can a non-EU family member with a EEA RC return to their country of residence from the UK with less
than 3 months validity on their passport?

- And I presume we would need to travel back to Malta, our country of residence, at the same
time, is that right?

At the moment it just seems like there's too may potential risks for us to travel so any guidance would be a huge help!

Thanks in advance.

[Caravel88]

IF the maltese RC is valid it should not be a problem.

Hi all,

Would really appreciate some advice. Me and my husband live in Malta and finally decided to take the plunge and travel together to the UK for Christmas, with him using his non-EU family member residence card.

Trouble is, his renewed passport has been majorly delayed and hasn't arrived in time- he still has his old passport, but it expires in January.

My concern is returning to Malta/Schengen area with less than 3 months on his passport, could this be a problem? So, in essence my question is:

- Can a non-EU family member with a EEA RC return to their country of residence from the UK with less
than 3 months validity on their passport?

- And I presume we would need to travel back to Malta, our country of residence, at the same
time, is that right?

At the moment it just seems like there's too may potential risks for us to travel so any guidance would be a huge help!

Thanks in advance.

[KaGo]

Thanks a lot for your help. And we'd need to travel back to Malta together right? You still have to travel with your EU partner, even when returning to your country of residence?

[Caravel88]

No.
Malta is in the Schengen zone.
If you are resident in the Schengen zone you can travel to other Schengen countries alone for a period up to 90 days alone.
Therefore your spouse can travel back to Malta alone.

Thanks a lot for your help. And we'd need to travel back to Malta together right? You still have to travel with your EU partner, even when returning to your country of residence?

[KaGo]

Thanks for your reply. My concern is because we are travelling outside the Schengen area to the UK, so will be returning from there.

[Caravel88]

Yes, I do realise UK is not in the Schengen zone.
I just gave that example to make it clear your spouse has the right to travel at will, and return.

Thanks for your reply. My concern is because we are travelling outside the Schengen area to the UK, so will be returning from there.