Should your passport be stamped?

by Lorraine Williamson
passport stamped
del canto chambers 2

Concerning the 90-day rule since Brexit, there have been several articles where Brits travelling to Spain have been turned away at the airport as passports have not been stamped on previous visits.

Equally, there are UK nationals who are residents in Spain that have had their passports stamped. But what does this mean, and how does it affect us?

Resident in Spain

If you resided in Spain prior to January 1, 2021, you should have the relevant documentation to prove this. Therefore, you do not require to have your passport stamped. Furthermore, you should not be subject to questioning as you pass through border controls of a Schengen area including Spain.

However, living in Spain, you should always carry your Spanish identification in any case. This would include the new TIE card. Although, the green residency certificate should also still be valid.

C&D Solicitors

If your passport has been stamped despite the fact you are resident in Spain, this will not impact your rights as a citizen living in Spain.

Awaiting paperwork

For those that are still awaiting paperwork and as such, not officially residents currently, this will not affect you either. However, this is only relevant if you can prove you have been residing in Spain legally before the end of December 2020.

If you have been stamped in “error”, it is not necessary for you to take any action. 

Schengen Borders Code

However, if you do wish to have it removed, then you must contact the Ministry of the Interior. On their official website, they state that British beneficiaries of the Withdrawal Agreement will be exempt from the third-country 90-day rule for entry requirements set out in the Schengen Borders Code as long as they can provide relevant documentation to confirm this.

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