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BREXIT

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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STRIKES

TRAVEL: Delays expected as Italian airport workers strike on Friday

Passengers travelling to and from Italian airports were warned to expect delays on Friday, January 27th, due to strikes by baggage handlers and other staff, with Milan's Linate set to be worst affected.

TRAVEL: Delays expected as Italian airport workers strike on Friday

Strike action on by staff from airport ground service companies may result in delays and queues at some Italian airports, with ticket desks, check-in and baggage handling likely to be affected.

At the national level, ground support staff will take part in a strike held by several of Italy’s biggest trade unions during the day, while an additional strike by baggage handlers at Milan’s Linate airport is expected to cause further disruption.

“It won’t be so much a problem of cancelled flights, even if sometimes the airlines seize the opportunity to cancel one that would leave half empty, but of delays,” Renzo Canavesi, CUB union leader for the Lombardy region, told La Stampa.

READ ALSO: Should you travel in Italy when there’s a strike on?

At Linate, ground service company Swissport Italia and handling companies Airport Handling and Air Cargo plan to strike on Friday.

Staff from Swissport Italia will hold a 24-hour strike at Linate, while the other two ground operators will strike for four hours (from 10.30am to 2.30pm for Airport Handling; from 9pm to 1am of the next day for Airport Cargo).

Passengers are advised to arrive early for flights and to check the status of their service before leaving for the airport.

Passengers may be entitled to compensation in the event of severe delays or flight cancellations. See our guide for further details.

You can keep up to date with the latest strike news from Italy HERE.

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