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Passport control, which lane?

Posted: Wed May 18, 2022 10:50am
5 replies152 views4 members subscribed
Jeff22

Jeff22

Helpful member

Posts: 92

127 helpful points

Location: Altea

Joined: 7 Oct 2017

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.

  

Kimmy11

Posted: Wed May 18, 2022 11:36am

Kimmy11

Legendary helpful member

Posts: 5502

10388 helpful points

Joined: 8 Aug 2017

Posted: Wed May 18, 2022 11:36am

Great post, Jeff, thank you.  

I wonder whether, for those of us who have TIEs as beneficiaries of the Withdrawal Agreement, going through the EU/EEA lanes will mean we won't have our passports stamped.....?

Kind regards,

Kim

Bsbrokers

Posted: Sun May 22, 2022 2:26pm

Posts: 38

5 helpful points

Location: Altea

Joined: 1 Aug 2019

Posted: Sun May 22, 2022 2:26pm

Crystal clear then?😂

Gary

Posted: Tue May 24, 2022 5:09pm

Gary

Helpful member

Posts: 60

114 helpful points

Location: Elda

Joined: 19 Mar 2016

Posted: Tue May 24, 2022 5:09pm

Jeff22 wrote on Wed May 18, 2022 10:50am:

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 per...

...mit 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.

  

Thank you for an interesting post Jeff22. Having read through it a couple of times it seems to me that as UK citizens resident in Spain, we are able to use the EU/EEA  lanes as long as we show our passports and TIE cards...?  Unless of course I'm missing something somewhere.

I look forward to hearing of anyone who managed this.

" 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) 

Regards

Gary

Jeff22

Posted: Wed May 25, 2022 7:04am

Jeff22

Original Poster

Helpful member

Posts: 92

127 helpful points

Location: Altea

Joined: 7 Oct 2017

Posted: Wed May 25, 2022 7:04am

Gary wrote on Tue May 24, 2022 5:09pm:

Thank you for an interesting post Jeff22. Having read through it a couple of times it seems to me that as UK citizens resident in Spain, we are able to use the EU/EEA  lanes as long as we show our passports and TIE cards...?  Unless of course I'm missing something somewhere.

I look forward to hearing of anyone who managed this....

...

" 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) 

Regards

Gary

Hi Gary,

This appears to be correct, I have also sent it to the British Embassy in Madrid and they have also confirmed the information. Like you I have yet to hear of anyone being challenged at the Spanish border. A friend of mine has used the E.U lane at Alicante airport several times using her TIE card with passport for backup and has simply been waved through.  

Gary

Posted: Wed May 25, 2022 12:11pm

Gary

Helpful member

Posts: 60

114 helpful points

Location: Elda

Joined: 19 Mar 2016

Posted: Wed May 25, 2022 12:11pm

Jeff22 wrote on Wed May 25, 2022 7:04am:

Hi Gary,

This appears to be correct, I have also sent it to the British Embassy in Madrid and they have also confirmed the information. Like you I have yet to hear of anyone being challenged at the Spanish border. A friend of mine has used the E.U lane at Alicante airport several times using her TIE card ...

...with passport for backup and has simply been waved through.  

Hi Jeff,

I actually went back to the UK last weekend for a couple of days (first time in almost 3 years) and when I arrived back at Alicante  Airport I just went to the electronic passport gates which rarely seem to work for me anyway, I got waived through to the man in the box where I just flashed him my TIE card to which he replied "gracias" and I was on my way. He didn't even ask for my passport. The whole process was very straightforward.

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