Re: Border Control
 

does anyone have the faintest idea why the rule is 90 in 180 and not 180 in 360. What is the point of allowing jan to march and jul to september but not say, april to september. Weird.

Re: Border Control
 

Prior to Schengen acquis (agreement), most European countries limited the stay of third country nationals to 90 days/3 months. 3 months was considered long enough for leisure travellers, but not long enough for someone who illegally want to work or set up in business. Restriction to 90-in-180 days was to stop people attempting a visa run, i.e. stepping out of a country/group of countries for a day or two and then returning, triggering further stay of 90 days. So the rule was a compromise between allowing leisure travel (and many countries depend on money raised by tourism) and clamping down of illegal residence and working under the table.

Re: Border Control
 

I hear more and more people stating that they are not wet stamping passports for British passports which pretty much means Spain don’t give a monkeys about enforcing the 90/180 rule. I always thought this would be the case deep down with Spain and British nationals.

Re: Border Control
 

You are premature in your judgement.

Wait until the dust settles.

We will have a high-profile case sooner or later will become the focus of media attention!

I simply don't understand why you think just because you are British you are entitled to special treatment???

Re: Border Control
 

Why do you expect British passport holders to be treated differently from other third country nationals? I don't doubt that some are slipping through the net at the moment because it's a completely new system but don't expect that to be the case long term.

You are not exceptional and you have no right to be treated differently from US, Canadian or Russian nationals for example.

Re: Border Control
 

Even if Spanish border police can't get someone's residency status when they swipe a passport (and I really doubt that's the case) and they have chosen to let just Brits though out of all third country nationals (and I also doubt that to be the case), ETIAS will put a stop to that when it comes in. Can't argue with computer says no.

Re: Border Control
 

You may know some non resident who get through without passport stamp. However the rules are there and Spain has to treat all 3rd country Nationals the same otherwise as someone mentioned earlier, there will be a challenge. This link is very clear on what rules are and what is coming.
https://www.britishineurope.org/arti...-schengen-area

Re: Border Control
 

probably because members of this forum are traveling in and out of Spain without getting their passport stamped.

Re: Border Control
 

Rightly so if they are legally resident in Spain

Re: Border Control
 

What sense would it make to stamp residents' passports?

Re: Border Control
 

Re: Border Control
 

Just an addendum to this. Flew Madrid to London early this morning, handed over my TIE and passport, and my passport was stamped. I suppose it doesn’t really matter in the grand scheme of things and it was far too early in the morning to question it!

Re: Border Control
 

they stamped you in the UK or Spain.?

Re: Border Control
 

Spain

Re: Border Control
 

Do the Spanish border officials stamp other 3rd country passports when the owner has a residency card, NLV? (I'm thinking Americans, Canadians etc)

If so, then stamping all UK passports would seem appropriate.

Re: Border Control
 

Surely the difference with UK citizens legally resident in the EU including Spain come under the rules agreed under the WA? As we are resident the passport stamp is irrelevant given that its purpose is re schengen rules and time limits on stays, as we live here what's the point? That would also apply for any 3rd country resident if you grant residency why time their stay in country of residence? That doesn't make sense. Also per both spanish and UK governments have said it shouldn't happen.

Re: Border Control
 

Hi bobd22,
My post was seeking to clarify whether 3rd countries, previous to 2020, had their passports stamped on entry/exit when they possessed a residency card.... Just trying to gauge whether the border control were (wrongly?) making a special case for UK passport holders.

New UK applicants for the NLV would not come under the WA, should they have their UK passports stamped?

What would happen if someone (as Spanish resident) entered the Schengen area via a French port, travelled into Spain and left via a Spanish port? Their passport would be stamped when they entered the Schengen area but not when they left. This could cause confusion on their next visit the Schengen area.

Personally, I think they're making it up as they go along.

Re: Border Control
 

Yes I think they have not really looked at it pre planning. Stamping passports in a country one legally is resident as you say can only add to confusion.

Re: Border Control
 

Yes. As mentioned earlier my UK passport wasn't stamped but my wife had her Mexican passport stamped by the same official at the same time. My guess is that they haven't received clear guidance if n77af had thiers stamped, also at Madrid.

Re: Border Control
 

I had mine stamped leaving Madrid, but not entering 3 weeks earlier. And again, no stamp on leaving Malaga prior to that. I'm surprised that Madrid, which is the biggest international airport in Spain doesn't seem to have a consistent procedure in place.

As I am one of the few people in my company that has had a vaccine, I've got a fair amount of work trips coming up. I'm heading through Gibraltar on the 7th which will be interesting, as its the first time crossing that border in over a year. It's an incredibly convenient place to fly, as I can be home 30 minutes from stepping off the aircraft, but I have had very bad luck with weather in the past!

The stamp / no stamp is more of a curiosity than anything, as it won't affect those of us legally living in Spain.

Re: Border Control
 

It’s going to be havoc when things open up officially. Sounds like no one has a clue

Re: Border Control
 

They would show the TIE in France and as it's in the common format it should be recognised by French border control and they shouldn't get a stamp.

Re: Border Control
 

That is bit a naïve statement.
What will happen if you leave/enter Schengen through another state, other then Spain, and you have lost/forgotten your TIE?
Those stamps will indicate you have overstayed in Schengen. I hear airport detention beds are quite comfortable.

Re: Border Control
 

You may call it naivety, but I call it common sense. Could you imagine the uproar that would be caused if, because of a erroneous passport stamp, they were chucking legal residents into detention centres?

Forgetting the residency card is hard, as in Spain you must always carry government issued ID on your person. A card that fits into my wallet is preferred over carrying my passport everywhere, and in the case of loss abroad, I am certain that procedures are in place to allow you to prove your status.

Even entering through another Schengen state, I’d imagine a quick call to the Spanish authorities to confirm someone’s status is far easier than detaining and deporting someone.

Re: Border Control
 

Sounds like there will be some potential head aches these next few months for anyone who has not got a Spanish/European passport when clearing customs.

Re: Border Control
 

Why shouldn't they get a stamp? They're not French residents and only allowed in France for a max of 90 days before returning to their resident country. I can understand this if they're travelling on an EU passport but not a UK passport, a UK passport should be stamped.

Re: Border Control
 

I see the point you are getting at but I haven't a clue how it would or should work. I suppose in reality the passport should be stamped on entering France showing entry and again on leaving showing you left? Whether or not that's the system I don't have a clue. By the withdrawal agreement it shouldn't be stamped entering Spain or wherever the British citizen is resident. Its not surprising that there is confusion.

Re: Border Control
 

I don’t think they give a monkeys about the WA

Re: Border Control
 

They may not and I doubt Boris does but it is a legal document that we all need to go by including them or things could become very difficult.

Re: Border Control
 

It's what The Practical Handbook for Border Guards (believe it or not) says on P57:

Also that answers your other question about people with residency under the NLV, they would have a TIE and wouldn't get a stamp either.

Re: Border Control
 

The easy answer is don't lose your TIE.

The next easy answer is you'll have to do what you would do in Spain and go to the police and report it lost and they can give you something official.

Also, there's this: EU Commission: 'A stamp in a British passport does not put residency rights into question'.

Re: Border Control
 

Where are these mythical 'borders' we are to be checked and stamped/not stamped at?

There is only the Schengen area and if you officially enter it then unless you do it by sneaking into the back of a truck at Calais (or wherever) you must equally officially exit it, once in however travel is border free.

In reality, and were they so minded, those in possession of legal residency in an EU state could travel where they wanted and for as long as they wanted and the worst that would happen is if they did happen to get checked in another state, and it could be proved that they had been there for in excess of 90 days, the authorities would tell them to leave.

Re: Border Control
 

It depends in which country they're resident in.......I wouldn't expect to get a stamp in my UK passport, when entering France, if I was a French resident.. However I would expect the stamp as a Spanish resident with UK passport. This would fit the rules that you're quoting.

Re: Border Control
 

I would tend to agree with this. The terms of the WA I think stated that we had the rights of free unrestricted entry out of and into the country we were normally and legally resident in. And that we would be treated as 3rd country citizens in all others, due to being Uk passport holders.

So if holidaying in Italy I would expect a stamp in and out as my Spanish residency means nothing to the Italians.
Im entering their country as a 3rd country tourist (now when the ETIAS system is in place) would we have to get visa's for holidaying in another EU country?
After all Im a UK passport holder, which trumps the TIE in other EU countries as far as Im concerned.

Re: Border Control
 

True but only assuming that you flew in or arrived by ferry etc. if you drove you would not cross any borders where you would be liable to be checked.

Re: Border Control
 

If you flew direct from Spain to Italy, you would not (normally) pass through a border check, either on departure or on arrival, since both countries are in Schengen.

This applies no matter what passport you hold.

Re: Border Control
 

Does anyone know if British spouses/civil partners of EU nationals will have their passports stamped when entering Schengen?

I'm Irish and was hoping my civil partner is protected from all this stuff. According to a link someone posted on here (Eric?), my partner is not restricted to the dreaded 90 days and I wonder if this means they avoid being stamped if they are travelling with me.

Does anyone have any experience of this?

Re: Border Control
 

The Netherlands says this:

Seems pretty clear, right? No stamp in your passport at a border belonging to a Schengen country or inside the Schengen area if you're carrying your TIE too.

Re: Border Control
 

It depends where you are resident now with your spouse/civil partner. If it's Ireland, this page seems to cover your case:

There's also the main page here with one of those things where you answer a series of questions to get the answer.

Re: Border Control