EU Asks Border Police Not to Stamp Passports of British People With Residency
27th March 2022
Last modified on March 31st, 2022
Some UK people in the alpine nations with residency have been having their passports stamped as they go in and out of EU countries.
The European Commission has asked border police from member states not to stamp the passports of those British nationals protected by the Brexit Withdrawal Agreement.
Most UK travellers are not protected in this way as free movement has ended, but a handful are.
Some people have had their passport wrongly stamped when travelling in and out of the Schengen zone.
The passports of those Britons protected by the Brexit deal should not be stamped, but many have been.
Due to the UK leaving the EU most British visitors can only stay 90 days out of 180.
It has caused problems for some people with second homes in the Alps and those that travel often in the Alps.
Those with residency should not be affected but a stamp made in error could cause problems.
The EU Commission has now 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 the latest EU 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.”
However British people with residency only have the right to stay in their country of residence.
If they travel within the Schengen area to another EU country they have to conform to the 90-day rule.