The Gibraltar government has reminded travellers of their legal requirements when entering the Schengen area – including at the border with Spain.
In a news release, the government responded to “recent speculation on social media regarding persons allegedly fined in Spain for not having an entry stamp on their passport”.
Stressing that travellers should exercise common sense with passport stamping exemption, the government said “it remains a legal requirement for any U.K. passport holder, regardless of the colour of their Gibraltar-issued card, to be stamped on entry into the Schengen area and again on exit from it. That legal position has not changed.
“Moreover, all British citizens, including Gibraltarians, are entitled to spend 90 days in 180 inside the Schengen zone without the need for a visa. Passports need to be stamped precisely in order to determine whether the holder has kept to those conditions. This rule is not unique to Gibraltar; it applies to all British citizens, regardless of the point of entry into Spain or indeed into the entire Schengen zone.”
The government recalled that Spain had entered into a voluntary concession not to stamp passports held by Gibraltar residents on the production of an identity card or a civilian registration card. “This was the original position after the United Kingdom and Gibraltar left the European Union. It then changed for U.K. nationals resident in Gibraltar in October 2021, following the introduction of new immigration procedures in the U.K. itself for the entry of E.U. nationals, including Spanish citizens.
“Both the United Kingdom and the Gibraltar governments are on public record as having taken up the matter with the Spanish authorities on several occasions in order to secure a reprieve for blue card holders. Sadly, despite those best efforts, which included raising the matter on different occasions at an official and political level, it has not been possible to secure a change of policy from Madrid. Therefore, to be clear, the scope, extent and duration of this concession is entirely in the gift of Spain, which is the party delivering it unilaterally.”
In the interim, said the government, the non-stamping concession had continued to operate for red identity card holders only. “This has served to cushion Gibraltar from the very worst effects of a hard Brexit at the border. It is uncharitable and ungenerous not to recognise this important fact. It is also relevant to point out that when dealing with such a voluntary concession, which is not enshrined in law, its application by its very nature cannot be set out in black and white.“
The government confirmed it was not yet aware of the identity of any red card holder who had been fined for being in Spain without an entry stamp. “Neither is it aware where exactly it is claimed that this incident took place. It has also not been notified of any change to this unilateral policy on the part of the Spanish authorities while the treaty negotiations continue.
“All that being said, it is important that persons availing themselves of this non-stamping concession should exercise some discretion and common sense in order to avoid any disruption to their journey into Spain. It is logical that the further away from the border, the less that this discretionary concession will be known to law enforcement officers and others. Given that this is a voluntary, unwritten bridging measure it is unfortunately simply not possible to be more precise.”
U.K Government Travel Advice
Updated information about entry requirements for Spain is available at the U.K. Foreign, Commonwealth and Development Office’s travel advice website.
When it comes to passport stamping, the Office advises:
“Check your passport is stamped as you enter or exit the Schengen area through Spain as a visitor. Border guards check you’re complying with the 90-day visa-free limit for short stays in the Schengen area. If you do not have relevant entry or exit stamps in your passport, they will assume you have overstayed.
“You can show evidence of when and where you entered or exited the Schengen area, and ask the border guards to add this date and location in your passport. Examples of acceptable evidence include boarding passes and tickets.”
The Office also notes that, if you enter the Schengen area as a tourist, you may need to provide additional documents at the border.
As well as a valid return or onward ticket, when travelling to Spain you could be asked to show:
- You have enough money for your stay.
- Proof of accommodation for your stay, for example:
– hotel booking confirmation
– proof of address if visiting your own property (such as a second home)
– an invitation or proof of address if staying with a third party, friends or family, such as a “carta de invitation” completed by your hosts
More information (in Spanish) is available at the Spanish Ministry of Interior website.
