Menu icoMenu232White icoCross32White
<
>
Back
European Commission Updates on BiE advocacy

European Commission Updates on BiE advocacy

Two important updates covering elements of BiE's advocacy for UK nationals have been published by the European Commission:

1) Entering/Leaving Schengen (including passport stamping)

2) Holding Multiple Statuses

1) Rules for UK nationals when entering or leaving the Schengen area

This document  includes clear information on PASSPORT STAMPING which we hope will filter through to border guards quickly as this is still causing issues:

"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.

The Commission considers that there is little practical use in stamping passports of Withdrawal Agreement beneficiaries. Stamping a passport serves to establish whether a non–EU national respected the authorised length of a short stay within the Schengen area, but beneficiaries of the Withdrawal Agreement in a Schengen Member State are not required to leave the Schengen area as they legally reside in one of the Schengen Member State. The usual limitation of a stay of 90 days in a 180 days’ period in the Schengen area does not apply to them, irrespective of whether their passport has been stamped or not. However, they have no right to stay in a Schengen Member State other than that of their residence for more than 90 days in a 180 days’ period.

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."

The note also includes details on applicable residency documents.

2) UK nationals & multiple immigration statuses

This document clearly confirms that UK nationals can hold (and benefit from) MULTIPLE STATUSES at the same time:

"Withdrawal Agreement beneficiaries holding multiple statuses may choose which status to rely on in a given context. For example, United Kingdom nationals married to an EU citizen may rely on their status as Withdrawal Agreement beneficiary in the host State but on the status as family member of a mobile EU citizen when travelling together with the EU citizen to another EU Member State.

The possibility of holding multiple status also entails the holding of multiple residence documents.

This means that the host State must, where the relevant conditions are fulfilled, recognise that a Withdrawal Agreement beneficiary has multiple statuses. It also means that Withdrawal  Agreement beneficiaries should be able to hold separate documents reflecting their individual immigration statuses."

Both documents are attached to this blog but we recommend you check here to ensure you have the latest version.

Published: 21 March 2022

Documents
icoPaperclip32Dark united_kingdom_nationals_and_multiple_immigration_statuses_en.pdf icoPaperclip32Dark rules_for_uk_nationals_when_entering_or_leaving_the_schengen_area_for_publication_v2_en.pdf
Read more blog posts on these topics:
EU
See also
Jane Golding meets Axel Dittman

Jane Golding meets Axel Dittman

Release your inspiration...Jane Golding, co-chair, met with Axel Dittman  to discuss the impact...

September 6, 2019
Analysis of France's No Deal legislation

Analysis of France's No Deal legislation

Earlier this year, France published legislation that will take effect should the UK leave the EU...

August 5, 2019
Two days of intensive lobbying in Brussels

Two days of intensive lobbying in Brussels

The BiE advocacy team were in Brussels (23-24 July 2019) with our friends from the3million to...

July 25, 2019
An impassioned plea to protect citizens' rights

An impassioned plea to protect citizens' rights

Imagine the scene — a modern conference room in the sprawling office complex of Berlaymont, a...

July 19, 2019
BiE applies to intervene in two legal actions

BiE applies to intervene in two legal actions

British in Europe (BiE) has applied to intervene in two actions being brought in the General...

September 4, 2020
Studying abroad - from home?

Studying abroad - from home?

Do you have student children studying in another country where they do not yet have residency,...

October 12, 2020