NataHH

So how does border force know that your other half does want to stay in Spain if he doesn't have a recognisable resident card. The Spanish border control will be able to decipher a Portuguese certificate would you have been able to convince the order control if it would have been a paper residence certificate in Greek or Polish?

NataHH

Having said all that ETIAS and having a proper resident card should sort out these problems. I hope.

CamemBert

Part of their job. Residence certificates are produced according to EU models and an EU-wide list is circulated to border services.

https://ec.europa.eu/home-affairs/sy...k-annex_22.pdf

bobd22

I get that in this case the stamp was revoked. I also get that there is no actual borders between EU countries. My understanding though of rules under WA is that as I'm Spanish resident the 90 day rule does not apply to me in Spain however if I visit France or Portugal or any other EU country than Spain the 90 day rule applies in the country I visit? If no stamp for such a visit how is that calculated? Or are you saying we as Spanish residents can stay in any Schengen country as long as we want ? Also there is no border but there are passport controls in ports or airports hence confusion over stamping. The way this is described I don't see how there can be any check on a British resident of one EU country visiting another for length of stay.

bobd22

Maybe not but I thought that's why we are discussing it to establish the actual rules.

EuroTrash

But this is how it's always been. There have never been systematic checks on EU residents crossing EU borders.
There were no checks on you before Brexit. Under the WA you presumably have exactly the same rights in this respect now as you did pre Brexit. Why do you expect them to suddenly start checking you now when they didn't before?
Call it trust, call it tolerance, call it pragmatism.

Bomber Harris

You need to check the immigration rules for each country you intend to visit. You as a Spanish resident Brit (third country citizen) entering Portugal via an unmanned (e.g. land) border have 3 days to inform SEF of your entry (unless you're staying in a hotel in which case the hotel has to notify). Similarly I, as a Portuguese resident Brit have 3 days to notify the Spanish authorities of my entry into Spain.
Failure to notify as above is classed as an illegal entry into the country.

Lou71

Perhaps the entitled Brexity British want to change the Schengen rules!

NataHH

Bobd22 EU nationals can travel without restrictions through the Schengen area. However, if you stay in any EU country CONTINOUSLY for longer than 30 days than you have 1 months to register your presence there. For example: a Dutch national stays in Poland CONTINOUSLY longer than 3 months he/she should registered there. That is the rule which many seem to ignore.
Have a look at this thread (which was posted on the Portuguese forum but the same rules apply in Spain). It explains why we return to the UK after 3 months instead of applying for residency.
Registration and Finanças

Red Eric

No, there are no passport controls at ports or airports where travel is within the Schengen zone. Only for voyagers arriving from or departing to non-Schengen ports and airports.

DLC

This page does not mention any rule about 3rd country Schengen residents entering Spain via land having to report to Spanish authorities, it just says they have to be ready with the required paperwork at police checkpoints:

Entry Requirements

Likewise someone mentioned above that EU citizens must register their residency after 90 days if they're in another EU country. They don't have to, it depends on the country they're in. E.g. France and Ireland don't require it.

Bomber Harris

You didn't look deep enough.

Tendrán la obligación de declarar la entrada ante las autoridades policiales españolas los extranjeros que accedan a territorio español procedentes de un Estado con el que España haya firmado un acuerdo de supresión de controles fronterizos.

La declaración deberá realizarse personalmente en el momento en el que se efectúe la entrada en el puesto policial existente en la frontera. En el caso de que no exista dicho puesto policial, la declaración de entrada deberá efectuarse en cualquier Comisaría del Cuerpo Nacional de Policía u Oficina de Extranjería en el plazo máximo de tres días hábiles a partir del momento de la entrada en España.

http://www.interior.gob.es/en/web/se...-y-condiciones

DLC

That'll learn me for finding the English version.

By the way, I think I've found the definitive answer for all Schengen countries here (unless it's been superseded in some way).

EuroTrash

I think not because Brits who are beneficiaries of the WA retain the automatic FoM right to visit EU countries other than their EU country of residence for up to 90 days. They don't have to notify anybody, it's their right.

CamemBert

I would love to believe that this was correct. It might be. However, despite having read the WA and related documents several times over the past year, I have never seen any clear rules on that situation. Anyone?