There were a number of questions about passport stamping during this week’s Facebook Live and we know that some UK nationals resident in Spain, have had your passports stamped at border control.
As the representative from the Ministry of Interior confirmed, UK nationals who can demonstrate that they were resident in Spain before 1 January 2021 should not have their passport stamped or be subject to routine intentions questioning upon entry, exit and transit through the Schengen border.
If you are resident in Spain, you should therefore always travel with both your valid passport and proof of your residence status, such as:
• your residence document: the green paper EU certificate or the new TIE. The Spanish authorities have published guidance on the continued validity of the green residency certificate here:
https://www.inclusion.gob.es/ficheros/brexit/nota_aclaratoria_green_certificate.pdf?fbclid=IwAR3JdoL1AUPySA8_v8Cou_zlpQyXTAe8ThVlpQD1Oo_X87feF8Q_A1qdXnk
• proof of your application for residency in Spain,
• or other documentation that shows you were resident in Spain prior to the end of the transition period.
If you have had your passport incorrectly stamped (and the Ministry of Interior acknowledged that it does sometimes happen by mistake) despite showing proof of residency, your rights in Spain will not be affected. The stamp will also not affect your ability to apply for residency in Spain, under the Withdrawal Agreement, as long as you can demonstrate that you were legally residing here by 31 December 2020.
When travelling in the future, any stamp will be considered null and void when accompanied by evidence of lawful residence such as your residency certificate. Some border authorities may annul incorrect stamps when presented with evidence of residence, but this is not required.
