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