Passport stamped

I assume you are a temporary resident, that is less than 5 years. If so then your passport will be stamped. Only if you have permanent residency, over 5 years, will it not be stamped. It's to do with the amount of time you can spend out of Spain during the first 5 years and they keep a record of it now.

Saying that, some border personnel don't seem aware of the rules and some temporary residents haven't had their passport stamped whilst some permanent ones have.

If a permanent resident then you can get the stamp annulled at a national police station but the Spanish government says it makes no difference, just treat it as a souvenir.

Well we have lived here for 4 years permanently never had any trouble before 

But thanks anyway 

When you say "we showed our passport and Residencia" do you mean old green residencia or TIE?

If the former then I suspect this will become an increasing issue for those who have clung onto their  residencias for no other reason than, for the moment at least, there is no legal requirement to exchange them for a TIE.

As marcliff says though the stamp is of no consequence so don't worry about it.

I'd like to know, where it is written that temporary residents 'will' be stamped,
I think marcliff may be mistaking them with NLV holders.

Until a couple of weeks ago we were temporary residents (with TIE's) but having exited and re-entered the country maybe 3 or 4 times since 2020 have not had our passports stamped at all and I'm sure the vast majority in similar circumstances will be able to say the same thing.

It would be informative to hear from NLV holders as to whether they are routinely stamped or not.

Yes, I should have said those having residency before Jan 1st 2021 shouldn't have their passports stamped. 

The British Embassy states "When travelling in the future, any stamp will be considered null and void when accompanied by a lawful residence certificate or card. Some border authorities may annul incorrect stamps when presented with certificates or cards of lawful residence but this is not required".

It's just those with the NLV who will have dates in and out of Spain recorded.

Mind you, the OP says this was when entering France so maybe some French border staff aren't clued in on the system.

Yes it’s a TIE issued 09 2020 we changed from the green paper one as I lost my wallet and had to change

I guess you just got a snotty/ignorant border guard, it happens.

The border guard handbook specifically states that those with residence documents should not be stamped:

"6.2. No entry or exit stamp must be affixed in the following cases:

(i) to the travel documents of nationals of third countries who present a residence card provided for in Directive 2004/38/EC and issued by an EU Member State or an EEA
country, independently of whether they accompany or join the EU or EEA citizen."

It goes on to say:

"8.6. There can be cases where a stamp that has already been affixed on a passport has to be  annulled (for example, if the wrong stamp was affixed by mistake by the border guard). In such cases, the traveller bears no responsibility for it and therefore the stamp cannot be cancelled in the same ways as when a person is refused entry. It is therefore recommended to annul the stamp by running two parallel lines through the top left-hand corner of it."

Personally I would take that as permission to strike it through myself and challenge anybody to prove that it hadn't been the guard who'd erroneously put it there who'd done it when his/her mistake was pointed out!

https://home-affairs.ec.europa.eu/system/files/2022-11/Practical%20handbook%20for%20border%20guards_en.pdf

That law has been changed now,Spanish agent stamped mine at Alicante only been here 9 years😂

Well it shouldn't have been. Just another official who doesn't know the system. We came into Alicante on the 13th August from UK and handed the TIE over then the passport and they just gave them straight back to us. UK embassy says if you were resident before 2021 or have permanent on your TIE then passports don't get stamped.

If that law's been changed I'd be grateful for a link as I think it's just border officials being in a bad mood or not knowing the rules.

It's either the chap who stamped yours or the one that didn't stamp ours that isn't up to date.

Hi Yoohoo,

"That law has been changed...."  Which law?  

If you have Spanish residency under the Withdrawal Agreement, and handed your TIE card, along with your passport, to Spanish border control at Alicante, your passport should not have been stamped.

However, people who obtained their TIE residency post-Brexit, following the issue of a Spanish visa such as the NLV, will have their passports stamped for the first 5 years, because one of the conditions of their residency is that they're not allowed to leave Spain for 183 days or more per tax year, and no more than a total of 10 months in the entire 5 year period.

Kind regards,

Kim