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Passport stamps

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Old Oct 28th 2021, 9:54 am
  #16  
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Default Re: Passport stamps

Originally Posted by Notdunroamin
Legal EU residency trumps any passport stamp hence the strong government advice to exchange green residencias for TIE's which are instantly recognisable by border control officials and airport check-in staff across the entire community.

Arguments against exchanging are both specious and facile and IMO it's about time the Spanish placed a 'drop dead' date on residencias effectively making an exchange mandatory.

Personally I have little sympathy for those who find themselves in difficulty because of their refusal to do so.
My partner has Portuguese residency but the authorities have not issued cards for the British yet.

This time my Irish passport very definitely did trump residency so yet again I would urge anyone who is eligible to get one like yesterday.

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Old Oct 28th 2021, 3:16 pm
  #17  
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Default Re: Passport stamps

Originally Posted by Lou71
My partner has Portuguese residency but the authorities have not issued cards for the British yet.

This time my Irish passport very definitely did trump residency so yet again I would urge anyone who is eligible to get one like yesterday.
Sorry if stating obvious, but your partner was not admitted as returning EU resident (under WA), but under different rule for non-EU partners accompanying EU partner, it is part of exercising EU free movement.
If your partner was admitted as returning EU resident, civil partnership cert would not be required. My guess is that border guard presumed your partner has PT residency on family link basis (you).

They are two different residency categories, one under WA and other under standard family link.

Last edited by EU.flag; Oct 28th 2021 at 3:17 pm. Reason: typo
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Old Oct 28th 2021, 3:31 pm
  #18  
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Default Re: Passport stamps

Originally Posted by Lou71
My partner has Portuguese residency but the authorities have not issued cards for the British yet.

This time my Irish passport very definitely did trump residency so yet again I would urge anyone who is eligible to get one like yesterday.
I obtained my Irish passport 15 years ago based on my Irish born father. So glad that I did.

However, if claiming an Irish passport based on grand parents it's all on hold.. My daughter placed her application 18 months ago and. along with thousands of others. it is paused until they start processing again with no indication of when that will be. All the documents submitted cannot be returned and need to be replaced at some expense.
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Old Oct 28th 2021, 3:56 pm
  #19  
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Default Re: Passport stamps

Originally Posted by EU.flag
Sorry if stating obvious, but your partner was not admitted as returning EU resident (under WA), but under different rule for non-EU partners accompanying EU partner, it is part of exercising EU free movement.
If your partner was admitted as returning EU resident, civil partnership cert would not be required. My guess is that border guard presumed your partner has PT residency on family link basis (you).

They are two different residency categories, one under WA and other under standard family link.
No, my partner presented the paper proof of their Portuguese residency but it was dismissed/rejected.

As far as benefitting from an EU partner is concerned, I wrote to the EU about this and although my partner is exempt from the dreaded 90/180 day travel restrictions and equally dreaded third country residency procedures a la Brexit, they are supposed to have their passport stamped if non EU resident - the Portuguese residency paperwork having been rejected.


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Old Oct 28th 2021, 4:04 pm
  #20  
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Default Re: Passport stamps

Originally Posted by baroudeur
I obtained my Irish passport 15 years ago based on my Irish born father. So glad that I did.

However, if claiming an Irish passport based on grand parents it's all on hold.. My daughter placed her application 18 months ago and. along with thousands of others. it is paused until they start processing again with no indication of when that will be. All the documents submitted cannot be returned and need to be replaced at some expense.
When you consider the state of all things Brexit, it's hardly surprising that the world and its dog wants an Irish passport to get back what they have lost. We are talking about something life changing here.

The FBR procedure has ground to a halt as you say but they are hoping to get through the backlog quickly when they restart so it's worth being ready with the necessary paperwork to fire off an application.

Last edited by Lou71; Oct 28th 2021 at 4:41 pm.
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Old Oct 28th 2021, 4:07 pm
  #21  
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Default Re: Passport stamps

Originally Posted by Lou71
No, my partner presented the paper proof of their Portuguese residency but it was dismissed/rejected.

As far as benefitting from an EU partner is concerned, I wrote to the EU about this and although my partner is exempt from the dreaded 90/180 day travel restrictions and equally dreaded third country residency procedures a la Brexit, they are supposed to have their passport stamped if non EU resident - the Portuguese residency paperwork having been rejected.
Is that not correct though if simply relying on Portuguese residency, given that your partner was transiting through Spain to Portugal so surely once going through immigration to Portugal then an exit stamp would be applied. That's ignoring your Irish passport. It seems a pointless excercise stamping your partners passport but they could have left the airport and stayed in Spain for a period of time. Portuguese residency really is irrelevant vant to Spanish immigration.
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Old Oct 28th 2021, 4:25 pm
  #22  
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Default Re: Passport stamps

Originally Posted by bobd22
Is that not correct though if simply relying on Portuguese residency, given that your partner was transiting through Spain to Portugal so surely once going through immigration to Portugal then an exit stamp would be applied. That's ignoring your Irish passport. It seems a pointless excercise stamping your partners passport but they could have left the airport and stayed in Spain for a period of time. Portuguese residency really is irrelevant vant to Spanish immigration.
Not correct, no. Proof of EU residency under Withdrawal Agreement equals no border stamps anywhere in EU.
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Old Oct 28th 2021, 4:28 pm
  #23  
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Default Re: Passport stamps

Originally Posted by CamemBert
Not correct, no. Proof of EU residency under Withdrawal Agreement equals no border stamps anywhere in EU.
If you fly from one Schengen area country to another, you do not go through Passport Control either on leaving or arriving, so there is no likelihood of having your passport stamped anyway.
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Old Oct 28th 2021, 4:32 pm
  #24  
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Default Re: Passport stamps

Originally Posted by Lynn R
If you fly from one Schengen area country to another, you do not go through Passport Control either on leaving or arriving, so there is no likelihood of having your passport stamped anyway.
Of course. The point here is that many Portugal residents exit the EU via Spanish airports.
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Old Oct 28th 2021, 4:37 pm
  #25  
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Default Re: Passport stamps

Originally Posted by CamemBert
Not correct, no. Proof of EU residency under Withdrawal Agreement equals no border stamps anywhere in EU.
Correct. There is no border between Spain and Portugal anyway, we are talking about entry into Schengen.

​​​​​​The whole thing is a mess but it's a Brexit mess so I don't blame EU border guards for their 'not my problem' approach.
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Old Oct 28th 2021, 4:39 pm
  #26  
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Default Re: Passport stamps

I think Bobd22 is right how does the Spanish border control know if your other half is not going to stay longer than the permitted 90 days in Spain. In which case he and you would have to ask for Spanish residency or you both would live under the radar in Spain.
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Old Oct 28th 2021, 4:45 pm
  #27  
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Default Re: Passport stamps

Originally Posted by NataHH
I think Bobd22 is right how does the Spanish border control know if your other half is not going to stay longer than the permitted 90 days in Spain. In which case he and you would have to ask for Spanish residency or you both would live under the radar in Spain.
You don't understand how Schengen rules work do you?

Bottom line, EU nationals and EU residents should not have their passports stamped.
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Old Oct 28th 2021, 4:53 pm
  #28  
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Default Re: Passport stamps

But even below that bottom line, is another bottom line that says 'If in doubt, stamp'.
Clearly the border official had a doubt, maybe they shouldn't have had but they did, so they stamped the passport.
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Old Oct 28th 2021, 4:54 pm
  #29  
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Default Re: Passport stamps

Originally Posted by Lou71
Correct. There is no border between Spain and Portugal anyway, we are talking about entry into Schengen.

​​​​​​The whole thing is a mess but it's a Brexit mess so I don't blame EU border guards for their 'not my problem' approach.
You are right there is no border control inside the Schengen area but even before Brexit anyone staying in an EU country longer than 3 months should register in the country they are staying. This not only applied to Brits before Brexit and but also to EU nationals. What is different now is that Brits cannot live under the radar anymore but other Schengen members still can.
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Old Oct 28th 2021, 5:25 pm
  #30  
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Default Re: Passport stamps

Originally Posted by EuroTrash
But even below that bottom line, is another bottom line that says 'If in doubt, stamp'.
Clearly the border official had a doubt, maybe they shouldn't have had but they did, so they stamped the passport.
As it happens, the passport stamp is now null and void.
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