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Brexit: EU asks border police not to stamp passports of British residents

The European Commission has asked border police from member states across the bloc not to stamp the passports of those British nationals protected by the Brexit Withdrawal Agreement.

Brexit: EU asks border police not to stamp passports of British residents
A person holds up a British National passport (Photo by Anthony WALLACE / AFP)

Britons living across the EU have long been concerned about the knock-on effect of their passport being wrongly stamped when travelling in and out of the Schengen zone.

While British officials at embassies across Europe have repeatedly stressed the passports of those Britons protected by the Brexit deal should not be stamped, those instructions appear not to have filtered through to border guards.

The erroneous stamps have left many passport holders resident in the EU worrying about being accused of overstaying the 90-day limit in their host country.

This week the EU Commission has stressed that passports should not be stamped, but reassured Britons that if they are there will be no negative consequences.

“The Commission recommends – notably as regards beneficiaries of the Withdrawal Agreement – that Member State border guards refrain from stamping. In any case, should stamping nevertheless take place, such stamp cannot affect the length of the authorised long-term stay,” read their latest guidance.

“EU law does not prevent border guards from stamping upon entry to and exit from the Schengen area of travel documents of United Kingdom nationals who are beneficiaries of the Withdrawal Agreement who are in possession of a valid residence permit issued by a Schengen Member State. The same applies to their family members in the same situation.”

The Commission added that the usual limitation of a stay of 90 days in a 180 days’ period in the Schengen area does not apply to Britons covered by the Withdrawal Agreement “irrespective of whether their passport has been stamped or not”.

But it reminded Britons that they only have the right to stay in their country of residence. If they travel within the Schengen area to another EU country they are subject to the 90 day rule. 

It recommended Britons “proactively present” their post-Brexit residency cards  – if they have one – at the border to prove their status. However not all Britons in the EU have post-Brexit residency cards because they are only compulsory in certain countries.

Britons in countries such as Spain and Italy, where the cards are not obligatory but available, are urged to apply as soon as possible. 

Those who don’t have the cards are told to use any documentation “that credibly proves that the holders exercised the right to move and reside freely in the host Member State before the end of the transition period and continue to reside there.”

“Documents indicating the address of the person can show continued residence after the end of the transition period. “

Member comments

  1. It would be useful if the article contained a link to the original document

  2. This is a useful article! Do you have a link to the Commission’s communication?

    [Slight correction to the title: WA beneficiaries are not only British]

  3. So what is a ‘post-Brexit residency card’ in, say, Spain? Is it the TIE or NIE? What if one does not wish to be a resident there but needs the ‘padron’, e.g. to register for local Town Hall services?
    Does the ‘padron’ imply residency? Hopefully not, but a lot of this in EU countries (such as Spain) seems a complete muddle!

  4. I applied for my post Brexit residency card (carta di soggiorno elettronica) here in Italy over 5 months ago and have heard or received nothing back yet. On a couple of occasions when I have asked border control not to stamp my passport, or struggled to stop them in time, they have got annoyed and said that they would stamp irrespective.

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TRAVEL NEWS

Italian low-cost airline staff to strike on October 1st

Pilots and flight attendants from Ryanair and Vueling will strike on Saturday, October 1st over wages and working conditions, unions said.

Italian low-cost airline staff to strike on October 1st

Pilots and cabin crew from Ryanair and Vueling will take part in a national strike action on Saturday, October 1st, Italian unions confirmed in a statement released on Monday. 

The statement said Ryanair staff will hold a 24-hour walkout, whereas Vueling staff will strike for a total of four hours, from 1pm to 5pm.

At the time of writing it wasn’t yet clear how the strike would affect passengers, though significant delays or cancellations can’t be ruled out. 

Italian trade unions Filt-Cgil and Uiltrasporti called the strike in protest against the employers’ failure to “grant acceptable working conditions and wages that are in line with minimum national salaries”. 

Unions also slammed Spanish airline Vueling’s decision to lay off 17 flight attendants based in Rome’s Fiumicino Airport “after months of hard work and professionalism”. 

A Vueling Airbus A320 plane.

Staff from Spanish airline Vueling will strike over working conditions and the recent lay-off of 17 flight attendants. Photo by Fabrice COFFRINI / AFP

The upcoming strike will be the latest in a long series of demonstrations that rocked Europe’s airline industry over the summer, causing significant disruption to thousands of air passengers. 

READ ALSO: Airport chaos in Europe: What are your rights if flights are delayed or cancelled?

The last significant strike was held on Monday of last week, when a 24-hour national strike from unionised ground staff caused Italy’s flag carrier, ITA Airways, to cancel several domestic flights. 

On that occasion, ITA said affected passengers were rebooked on the first available flights.

As with all previous strikes, passengers travelling with Ryanair or Vueling on Saturday, October 1st are advised to contact their airline for updates prior to setting off.

In the event of delays and/or cancellations, the rights of all passengers are protected by EU regulation EC 261. This applies to any air passenger flying within the EU/Schengen zone, arriving in the EU/Schengen zone from a non-EU country by means of a EU-based airline (all airlines involved in the strike are EU-based) or departing from the EU/Schengen zone. 

READ ALSO: Passports: What are the post-Brexit rules for dual-nationals travelling in Europe?

According to this regulation, airlines are financially accountable for any journey disruption they are responsible for. That includes disruptions caused by airline staff strikes. Therefore, should your flight be significantly delayed or cancelled, you might be entitled to receive compensation from your airline. 

For further information on what you might be entitled to and in which cases, check our guide here.

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