Border Control

Old Apr 15th 2021, 1:20 am
  #106  
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Default Re: Border Control

Originally Posted by DLC
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.
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.
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Old Apr 15th 2021, 3:46 am
  #107  
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Default 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.
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Old Apr 15th 2021, 3:48 am
  #108  
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Default Re: Border Control

Originally Posted by bobd22
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.
I don’t think they give a monkeys about the WA
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Old Apr 15th 2021, 3:52 am
  #109  
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Default Re: Border Control

Originally Posted by Stingychips
I don’t think they give a monkeys about the WA
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.
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Old Apr 15th 2021, 7:14 am
  #110  
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Default Re: Border Control

Originally Posted by bolton wanderer
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.
It's what The Practical Handbook for Border Guards (believe it or not) says on P57:

6.2. No entry or exit stamp must be affixed in the following cases:

...

i) to the travel documents of nationals of third countries who present a residence card provided for in Directive 2004/38/EC.
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.

Last edited by DLC; Apr 15th 2021 at 7:31 am.
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Old Apr 15th 2021, 7:50 am
  #111  
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Default Re: Border Control

Originally Posted by EU.flag
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.
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'.
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Old Apr 16th 2021, 1:54 pm
  #112  
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Default 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.

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Old Apr 16th 2021, 8:21 pm
  #113  
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Default Re: Border Control

Originally Posted by DLC
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.
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.

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Old Apr 16th 2021, 10:19 pm
  #114  
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Default Re: Border Control

Originally Posted by bolton wanderer
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.
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.



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Old Apr 16th 2021, 10:33 pm
  #115  
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Default Re: Border Control

Originally Posted by Barriej
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.
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.
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Old Apr 16th 2021, 10:52 pm
  #116  
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Default Re: Border Control

Originally Posted by Notdunroamin
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.
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.
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Old Apr 16th 2021, 11:16 pm
  #117  
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Default 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?
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Old Apr 16th 2021, 11:45 pm
  #118  
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Default Re: Border Control

Originally Posted by bolton wanderer
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.
The Netherlands says this:

As of 1 January 2021, if you are a British national in the Netherlands and need to make an essential journey to the UK or somewhere else outside the EU, and you plan on coming back to the Netherlands or transiting through the Netherlands to another EU country, you must be able show that you fall under the Withdrawal Agreement. If you fall under the Withdrawal Agreement, you are not subject to the European entry ban. In that case, you won’t need a stamp in your passport.
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.

Last edited by DLC; Apr 16th 2021 at 11:49 pm.
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Old Apr 17th 2021, 12:02 am
  #119  
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Default Re: Border Control

Originally Posted by Lou71
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?
It depends where you are resident now with your spouse/civil partner. If it's Ireland, this page seems to cover your case:

I am a non-EU national married to an Irish national and living in Ireland with him. I hold an Irish residence permit. We plan to travel to France together later this year. Do I have to get a visa to enter France or can I rely on my Irish residence card?

You will need a visa to enter France. Your residence permit was issued under Irish law rather than EU law as you are married to an Irish citizen and living in Ireland, (i.e. you are not exercising EU Treaty rights). However, since you will be travelling with your husband to France, your visa should be granted quickly and free of charge.
There's also the main page here with one of those things where you answer a series of questions to get the answer.
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Old Apr 17th 2021, 12:02 am
  #120  
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Default Re: Border Control

Maybe no stamp but I bet lots of 'stomping' by Brexiteers, at customs control, I bet...
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