Border Control
Apr 15th 2021, 1:20 pm
#106
Forum Regular
Joined: Nov 2013
Posts: 289
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.
Apr 15th 2021, 3:46 pm
#107
Lost in BE Cyberspace
Joined: Feb 2008
Posts: 5,625
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.
Apr 15th 2021, 3:48 pm
#108
BE Enthusiast
Joined: Dec 2020
Posts: 702
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.
Apr 15th 2021, 7:14 pm
#110
BE Forum Addict
Joined: Jun 2011
Posts: 1,153
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.
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.
...
i) to the travel documents of nationals of third countries who present a residence card provided for in Directive 2004/38/EC.
Last edited by DLC; Apr 15th 2021 at 7:31 pm.
Apr 15th 2021, 7:50 pm
#111
BE Forum Addict
Joined: Jun 2011
Posts: 1,153
Re: Border Control
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'.
Apr 17th 2021, 1:54 am
#112
BE Enthusiast
Joined: Jun 2017
Location: Alicante
Posts: 928
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.
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.
Apr 17th 2021, 8:21 am
#113
Forum Regular
Joined: Nov 2013
Posts: 289
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.
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.
Apr 17th 2021, 10:19 am
#114
BE Forum Addict
Joined: Jul 2012
Posts: 1,014
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.
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.
Apr 17th 2021, 10:33 am
#115
BE Enthusiast
Joined: Jun 2017
Location: Alicante
Posts: 928
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.
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.
Apr 17th 2021, 10:52 am
#116
Polished expat
Joined: Jul 2014
Location: Arcos de Valdevez "Onde Portugal se fez"
Posts: 16,832
Re: Border Control
This applies no matter what passport you hold.
Apr 17th 2021, 11:16 am
#117
BE Enthusiast
Joined: Mar 2019
Posts: 876
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?
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?
Apr 17th 2021, 11:45 am
#118
BE Forum Addict
Joined: Jun 2011
Posts: 1,153
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.
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.
Last edited by DLC; Apr 17th 2021 at 11:49 am.
Apr 17th 2021, 12:02 pm
#119
BE Forum Addict
Joined: Jun 2011
Posts: 1,153
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?
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?
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.
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.
Apr 17th 2021, 12:02 pm
#120
Banned
Joined: Mar 2021
Posts: 538
Re: Border Control
Maybe no stamp but I bet lots of 'stomping' by Brexiteers, at customs control, I bet...