Brits Living In Spain Shouldn't Have Their Passports Stamped British Embassy Confirms
Spain News
Published: 02 November 2021 17:12 CET
The British Embassy in Spain has taken to their Facebook page to clarify the current rules on passport stamping at the Spanish border.
It follows a recent news story where a British national who tried to enter Spain from Gibraltar was denied access by the authorities.
Linda, a British citizen who was trying to visit her son in Spain was refused entry by Spanish border officials who accused her of being an ‘overstayer’.
Current regulations post-Brexit state that anyone from the UK visiting Spain or any other Schengen Area country may only stay for a maximum of 90 days in any 180 day period.
The problem for Linda arose when an official failed to stamp her passport when exiting the country on her previous visit. When trying to enter again, officials suspected that she had exceeded the 90-day limit and refused to grant her entry despite her son, a fluent Spanish speaker, pleading her case.
Linda told the Local newspaper, “The guards initially stamped my passport to enter, then they noticed I had no exit stamp from that one-week visit in June, thereby classing me as an overstayer and subsequently marked the entry stamp with the letter F and two lines.
“Even though I have proof of returning to the UK via banking activity as well as the test and trace COVID app, the border guards would not accept or look at any proof nor let me speak to anyone that could help.
“My son, who speaks Spanish, tried to explain that I had other proof of returning to the UK but the guards would not accept or even consider looking at it; they just kept insisting that I had no stamp, that I had overstayed and would be arrested as illegal.”
The story highlights the problems that can arise if a border agent is unaware of the current guidelines. This rightly becomes a concern for many Britons wishing to visit the country including those who have second homes in Spain. For them, it is vital that they make sure that they get their passports stamped.
UK nationals living in Spain have also reportedly been getting their passports stamped which should not be the case.
The whole saga has led to the British Embassy in Madrid having to clarify the issue for British nationals who live in Spain, via their Facebook page.
“We know that some UK nationals resident in Spain have had your passports stamped at border control and are concerned about what that means for your residency.
“UK nationals who can demonstrate that they were resident in Spain before 1 January 2021 should not have their passport stamped or be subject to routine intentions questioning upon entry, exit and transit through the Schengen border.”
It is important to remember that if you are a British national resident in Spain you should not have your passport stamped.
You must always carry both a valid passport along with proof of your residency in Spain such as:-
• Your residence document: the green paper EU certificate or the new TIE. The Spanish authorities have published guidance on the continued validity of the green residency certificate here.
• A certificate of application for residency in Spain
• Or other documentation that shows you were resident in Spain prior to the end of the transition period.
The Embassy said they are fully aware of the situation and that they have been feeding this back to the Spanish authorities.
The British Embassy reminded British nationals in Spain that if they have had their passport stamped incorrectly, that this will not affect their rights.
“If you have had your passport incorrectly stamped, despite showing proof of residency, we want to reassure you that your rights in Spain will not be affected. If you are still not officially resident, the stamp will also not affect your ability to apply under the Withdrawal Agreement, as long as you can demonstrate that you were legally residing here by 31 December 2020.
“When travelling in the future, any stamp will be considered null and void when accompanied by evidence of lawful residence such as your residency certificate. Some border authorities may annul incorrect stamps when presented with evidence of residence, but this is not required. If you wish to raise an incorrect stamp with the authorities you should contact the Ministry of Interior http://www.interior.gob.es/contacto,” the Embassy said.
A new passport control system is being brought in across the EU which is called the EES (Entry/Exit System). The new digital system will be operational in the first half of 2022 and will check the traveller’s data including their name, biometric data along with the data and place of entry.
EES will replace the current system and will help to avoid any further issues with border officials incorrectly stamping passports.
Source
https://www.facebook.com/BritsInSpain/posts/4094079627363074
https://www.thelocal.es/20211021/briton-denied-entry-to-spain-over-missing-passport-stamp/
https://www.thesun.co.uk/travel/16571187/passport-warning-spain-holiday-stamp/
