Passport not stamped on exit from Spain - Page 3

If that's the case then why haven't people been informed on how to prove their travelling in and out of Europe? 

Do you think the French guard will know ? 

I dont think anyone in an official capacity understands the rules, let alone heaven forbid apply a little common sense.

I am a resident in Spain I travelled to the UK to see my family in September, handed my passport and resident card over at Alicante, no stamp, did exactly the same on my return, passport stamped. 🤔

Thanks for the fantastic news my wife has an Irish passport  !

Although we travel on U.K. passports my wife and I are both resident in Spain. We have recently made trips to U.K. via Madrid and Valencia airports despite being told officially the Policia National insisted on stamping our passports both in and out no arguing show documents and official advice would change their minds

My understanding is that UK passports should be stamped now unless you have residency and then by showing them proof of that passports should not be stamped.  However immigration officials do not seem to be aware of that.  I have residency and have shown my certificate at Madrid and Valencia airports but they insisted all passports have to be stamped and there is no arguing with them.  I now no longer bother and let them do what they want but as a Spanish resident it doesn’t really matter for me, just annoying that the rules are not adhered to.  However if non resident then obviously it is important to try to get passports stamped but by keeping boarding cards and booking printouts should prove you have not exceeded the allowed days should it be challenged.  Let’s hope things get sorted soon.

Hi Lou5,

I also keep seeing this assertion, but have yet to find anyone stating it who can provide legal proof.  

It's important to remember that the (Brexit) Withdrawal Agreement secures our rights of residence in Spain (or another EU member state), but it does NOT maintain our Freedom of Movement rights.   A non-EU spouse (or family member) of an EU citizen is restricted by Schengen rules if they do not have EU residency.  Once a non-EU family member is a resident of an EU country by obtaining a "Family Member of a European Union Citizen" residency card, they can travel with their EU 'sponsor' as if they, too, are an EU citizen.  So people with Irish passports who live in Ireland with their non-EU spouse, who has a residency card, can travel together as EU citizens.  However, for people with Irish passports, not living in Ireland with a British (or other Third Country) non-EU spouse, who doesn't have residency in Ireland, the spouse still has to comply with Schengen rules.

For completeness, it's also worth noting that those of us who are UK citizens and have residency in Spain or another EU member state, we also have to comply with the Schengen '90 in 180' rule.  For example, if I wanted to travel to France for 1 month, Belgium for 1 month and Germany for 1 month, I would then need to return to Spain, or risk being an over-stayer in the Schengen travel zone - this is because I´m a Third Country National (British) with residency rights in Spain and those rights do not allow me to exceed the Schengen limit in other EU countries.  How this is currently monitored is anyone's guess, but I assume it becomes moot next year when ETIAS (European Travel Information and Authorisation System) is introduced.

For the legal text, see the EU Borders Code (Regulation 399/2016), Article 6:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399

Kind regards,

Kim

Just interested in the "Also as the spouse of an Irish national you are allowed to stay for 90 days leave for one day then return" comment. 

Is this correct  for spouses of eu citizens that are non resident in Spain ? 

Would you need to carry your original marriage certificate ? or how would the Spanish want you to proove it?

See attached 

I agree with you.  You can not argue with Spanish officials, like immigration, as to do so could escalate the problem and bottom line they have the upper hand. We just have to learn from each experience and cover ourselves the best we can. 

That’s ok if you get it stamped next time you go in and then you have proof you have just gone in we alway carry new tickets on phone so that we have proof