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You can't possibly think it works this way. hypothetically in your case a family member of British citizen can stay in Spain indefinitely without the british citizen exercising rights by just commuting to another member state and then coming back to Spain for a fresh 3 month and so on and on. This is called total abuse of the system and just because there is open border within eu and possibly no one will find out doesn't mean you should not follow the law. The law is that, the eu national/family member have to report there presence in a member state. OP has been living in Spain for more than 14 months along with the family member, maybe they never reported their presence maybe they did however you can't possibly expect to get 3 months after 3 months and so on in the same member state without exercising rights on the name of free movement. It is not that hard to get a health insurance and fall under self sufficiency instead of not following the directive.mgb wrote:Due to post number 9 they are seeking advice to fly via Zurich to the UK.
They are starting a fresh 3 month period in Switzerland and they are starting a fresh 3 month period in Spain on the way back.
gokulatti wrote:
This is called total abuse of the system and just because there is open border within eu and possibly no one will find out doesn't mean you should not follow the law.
exactly, they should have reported the presence the first time they came in, yes the registration certificate could be a proof. the discussion is that if the eu national/family member never reported nor got the registration done which is likely in this case, to just go out of spain and coming back again stating fresh 3months can be done in a loop for a specific member state. now under the assumptions that no one find out or with minimal to no consequences doesn't make it right.waqasars wrote:I guess 3 month period will start after reporting the presence. By law its started when somebody enter in the country. But authorities can know the actual period on the basis of registration certificate.
From the first posting:gokulatti wrote:You tell me, when they came to spain 14 months ago, what did they say? and while overstaying 14 months arent they supposed to follow article 7?
Although it isn't illegal it most certainly is unlawful.mgb wrote:Btw. a eu citizen and family member cannot technically overstay. They can only miss their duty to register for a stay longer 3 month if such a duty is in place in the guest country.
I agree, it has become pointless at this point since the conversation is drifting away to legality.Casa wrote:With all due respect, is there any point in continuing with this 'debate' as the OP gave up participating 4 days ago!
in Switzerland you will have to show both passports, there are two lanes for passport control , EU passports and non EU, did youwayki wrote: Also I read a flight into Switzerland from Spain would not meet any immigration staff as it is Shengen to Shengen - there is no hard line for passports etc to be checked. ?
Hi, did I what?wegiwegi wrote:in Switzerland you will have to show both passports, there are two lanes for passport control , EU passports and non EU, did youwayki wrote: Also I read a flight into Switzerland from Spain would not meet any immigration staff as it is Shengen to Shengen - there is no hard line for passports etc to be checked. ?
Anyway, you should be able to flight in, just for visiting as you planed, shouldn't be a problemwegiwegi wrote:Well, I don't know anymore what you try to accomplish.
Driving into Switzerland is not like crossing France into Spain, where there is no border control, Swiss border control at Geneva will ask for your papers no matter what, I am Swiss, I know how it works, every time I get back, I have to show my ID, even having Swiss plates on the car.
wegiwegi wrote:Anyway, you should be able to flight in, just for visiting as you planed, shouldn't be a problem
wegiwegi wrote:If she has already a stamped passport, maybe many questions could be asked, etc etc