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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

Austrian railway workers set to strike after pay talks fall flat

Austria's railways are set to grind to a halt on Monday due to failed negotiations between unions and rail operators, the country's railway system (ÖBB) said on Sunday.

Austrian railway workers set to strike after pay talks fall flat

Austrian railway workers will hold a one-day strike on Monday after another round of negotiations between unions and railway representatives failed.

The fifth round of negotiations over pay rises for 50,000 employees from 65 different railway operators, including the main national operator ÖBB, had failed to come to a resolution.

Vida, the trade union that represents the workers, has asked for a wage increase of €400 – an average increase of around 12 percent.

In response, Austria’s Chamber of Commerce offered an increase of a 8 percent.

With walkouts set to go ahead, there will be no regional, long-distance or night trains on Monday.

“After more than twelve hours of intensive talks, the [two sides] unfortunately did not manage to come to an agreement,” the ÖBB said in a statement.

Cross-border traffic and night travel could be affected, and the ÖBB also warned of “individual train cancellations” on Sunday evening and even on Tuesday.

Andreas Matthä, CEO of ÖBB, said in a statement: “I cannot understand this strike at all. With an offer of 8.44 percent, the ÖBB has made the highest offer of any sector.”

“This is clearly a malicious strike on the part of the union,” he added.

Vida union negotiator Gerhard Tauchner said that they “are fighting for a sustainable cost of living adjustment… which will give relief to those with lower and middle incomes in particular in the face of skyrocketing prices.”

Austria’s year-on-year inflation rate hit 11 percent in October. 

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