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Date Published: 05/11/2021
ARCHIVED - British residents are erroneously having their passports stamped at Spanish border control
Find out how a stamped UK passport affects your residency status and what to do in case of problems when travelling to Spain
The British Embassy in Madrid has responded to the complaints and worries of many UK nationals resident in Spain who have had their passports stamped by Spanish border authorities when they shouldn’t have been.
Many British residents in Spain after Brexit are concerned that their residency status will be negatively affected by having their passports stamped when they come into the country. This is categorically not the case, and the fact that someone at passport control who doesn’t know that UK passports don’t need to be stamped even though Britain is no longer in the European Union will not have any effect on the status of British people resident in Spain.
What to do if your passport has been stamped by mistake
UK nationals who can demonstrate that they were resident in Spain before January 1 2021 should not have their passport stamped or be subject to routine intentions questioning upon entry, exit and transit through the Schengen border. The British Embassy in Spain is asking anyone who experiences this to inform them so they can feed it back to the Spanish authorities.
For those who are still not officially resident, a stamped passport will not affect their ability to apply for residency under the Withdrawal Agreement, as long as you can demonstrate that you were legally residing in Spain by December 31 2020.
When travelling in the future, any stamp will be considered null and void when accompanied by evidence of lawful residence such as a residency certificate. Some border authorities may annul incorrect stamps when presented with evidence of residence, but this is not required. Anyone who wishes to raise an incorrect stamp with the authorities you should contact the Spanish Ministry of the Interior.
Documents you need to travel to Spain
British citizens who are resident in Spain should always travel with both a valid passport and proof of residence status, such as:
- residence document: the new TIE card or the green paper EU certificate (remember the green certificate paper is still valid!)
- a certificate of application for residency in Spain
- other documentation that shows you were resident in Spain prior to the end of the Brexit transition period
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