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Passport control, which lane?
I made the following enquiry to the E.U commission about which lane should I queue in when returning to Spain as a resident, here is their reply.
Dear Sir,
Thank you for your enquiry.
You indicate that you are a UK citizen and wonder about your entitlement to
travel back to Spain and to use the lanes reserved for EU citizens.
You reside in Spain where you have residence as the holder of a residence
permit issued under the Withdrawal Agreement. You wonder whether you may be
treated as any UK citizen travelling to Spain or whether you may be entitled to
use the special lanes marked for EU or EEA citizens, on the grounds that you
are a beneficiary of the Withdrawal Agreement.
As a resident in Spain and a beneficiary of the Withdrawal Agreement, you are
able to establish this fact with the production of your Spanish residence
permit. Furthermore, as a beneficiary of the Withdrawal Agreement, you are not
subject to the entry requirements laid down under article 6 Regulation
2016/399.
This provision (Article 6 of Regulation 2016/399 (Schengen Border Code) on the
rules governing the movement of persons across borders (Schengen Borders Code -
https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32016R0399))
governs the admission of persons across the external borders of the Schengen
territory.
Specifically with respect to third country citizens, it lays down conditions
with respect to the format of the passport, and substantive conditions relating
to the purposes of the travel and the conditions under which the proposed trip
is to take place.
However, given that you are not subject to this provision, you are correct in
assuming that the conditions relating to queuing at the port of entry as far as
you are concerned are akin to those benefiting EU citizens. In respect of this
point, you are able to invoke article 3 of the Schengen Border Code (Regulation
2016/399) which lays down that the Regulation is without prejudice to the
rights of persons enjoying the right of free movement under Union law;
Given that you have the right of admission into Spain enshrined under EU law by
virtue of the Withdrawal Agreement under article 14, you cannot be made subject
to the conditions for entry under the Schengen border Code.
Accordingly, with a valid UK passport and your Spanish residence permit, you
are able to invoke your right to use the lane marked for EU and EEA citizens
under article 10 of the Schengen Border Code (Regulation 2016/399).
Having said the above, also note that the EU Border Code does allow for a
certain margin of appreciation on the part of the authorities of the Member
State. There is therefore a certain measure of discretion on the part of the
autorities of the EU member state in question.
You are urged to print this consultation to show to the relevant authority when
landing in Spain.
In any case, note that the COVID-19 pandemic may add requirements which you are
advised to check at the time of travel.
We hope this answers your question. If you have a new inquiry, additional
questions relating to this case or if you want to provide us with additional
information, please feel free to contact us again. Please use the YEA web form
(http://ec.europa.eu/eu-rights/enquiry-complaint-form/home?languageCode=en
) in order to do so.
In case of a follow up to a previous inquiry, please provide us with the
original case s reference number.
Kind Regards,
Your Europe Advice Team.
