Hi all,
I am looking for advice or guidance on the following Schengen Area rules and how that will play out in Iceland for our situation and am hoping anyone can assist me with any information please. We are finding it very difficult to find definitive information on this.
I am an EU citizen with an Irish passport (technically, I am a dual national – I hold both EU Irish and Australian passports)
My de facto partner is an Australian citizen (with an Australian passport) traveling with me (an EU citizen with an Irish passport) within the Schengen Area under EU free movement rights.
DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004
Chapter 3Â -Â Article 6
I have attached a copy of the 2004 Directive and the updated Directive / information from 2023.
We have been travelling within the Schengen Area for over 12 months, we have only stayed in any one member's state for less than 90 days each stay as per the rules.
Although we are not married and our partnership is not registered, we have been cohabiting together for over 26 years and have extensive proof of our relationship eg. wills, EPOA, property ownership, bank Accounts, Mortgage Loans etc, etc
We are going soon to Iceland to board a cruise ship on the start of our journey home. The embarkation port is Reykjavik, Iceland and the disembarkation port is in Canada. Our total time in Iceland will be 5 days.
After arriving in Canada, we will continue our journey back to Australia, where we will continue to live permanently together.
Our questions are the following please:
•    Will Icelandic boarder security allow us to board the cruise ship?Â
•    Will Icelandic boarder security recognise our 26 year cohabitating relationship, and our freedom of movement under EU family reunification and freedom of movement rules? Or will they take the view that my de facto partner is not recognised as my partner, and he then falls under the Schengen Area 90/180 rule and has hence overstayed?Â
Obviously, this is a worry for us as we would like to leave Europe and go home again to Australia.
Do you think the above will this affect his ability to board the cruise ship home with me, on the day of departure departing the Schengen area from Iceland please?
We have tried to do everything by the rules.
