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BREXIT

What Brits need to know before crossing the border from Gibraltar to Spain

After the recent news that Spain has been tightening its border with Gibraltar and refusing entry to a number of UK nationals, here's a reminder of what they need when entering Spain from Gibraltar.

What Brits need to know before crossing the border from Gibraltar to Spain
What you need to know when crossing the border from Gibraltar to Spain. Photo: Daniel SLIM / AFP

Around 35 people, the majority of them UK nationals, were denied entry into Spain on November 14th when attempting to enter from Gibraltar, according to the Gibraltarian Government. A week later, there are reports of long delays for vehicles crossing the border.

Spanish authorities have stated that most were asked their reasons for travelling and denied entry because they couldn’t provide certain proof or documentation for their entry into Spain, such as hotel bookings or onward flights.

It’s not the first time that Spanish officials increase security at The Rock, as every few months there are reports of holdups and increased checks at the Spain-Gibraltar border. It isn’t always clear if it’s due to an erroneous interpretation of the rules by border officials or if it’s rather down to diplomatic pressure that Spain wants to exert on the UK and Gibraltar. 

Therefore, if you’re a UK national – whether you’re a tourist, Spanish resident or Gibraltar resident – and you’re planning on travelling between Gibraltar and Spain soon, here’s what you need to make sure you don’t encounter problems at the border.

Since January 1st 2021, UK nationals, like any third-country national, have had to comply with the entry requirements set out in the Schengen Borders Code, including the need to justify the purpose of travel and conditions of their planned stay, as well as have sufficient means of supporting themselves for their stay and their return.

Their stay also cannot of course stay over 90 days in any 180 days. 

READ MORE:

The British Government website states that: “Spanish border checks can cause delays when crossing between Spain and Gibraltar”, so it’s important to leave plenty of time to be able to cross.  

Passport

British people entering Spain from Gibraltar must identify themselves with a valid passport issued less than 10 years before the date they enter Spain, and valid for at least three months after the date that they plan on leaving Spain.

READ MORE: What are the reasons for being denied entry into Spain?

Additional documentation

If you enter Spain as a tourist, you may need to provide additional documents at the border, although you will not always be asked for them.

You may be asked to show:

– A valid return or onward ticket

– You have enough money for your stay

– Proof of accommodation for your stay, which could be a hotel booking confirmation, proof of address if visiting your own property or invitation or proof of address if staying with a third party, friends or family.

You may need a carta de invitación filled out by the person you’re staying with too. 

READ ALSO – ‘Carta de invitación’: Why you may need to pay to have British friends and family stay with you

Residents in Spain

According to the British Government, if you are a UK national who is a resident in Spain “your passport should not be stamped when entering or leaving Spain”.

In addition to showing your passport at the border, you should provide proof of residence here, such as your TIE card (la tarjeta de identidad de extranjero).

In reality, it’s very possible that your passport will be stamped, even if you show your TIE. The are countless reports of British passport holders who are residents in Spain trying to explain to border officials that they shouldn’t be getting a stamp, but their interpretation of the rules is different and they have the final say. 

In 2021, The Local Spain was contacted by a UK national who was denied entry to Spain from Gibraltar over a missing passport stamp from a previous visit, meaning she couldn’t prove she hadn’t overstayed in the Schengen Area, highlighting the issue of passport stamps for Brits travelling to the Schengen Area post-Brexit.

READ MORE:

Gibraltar residents

Residents in Gibraltar are typically issued with various different coloured Gibraltar Civilian Registration cards.

Magenta cards are issued to British nationals, blue cards are given to EU nationals, and green cards are issued to non-EU nationals, while red ID cards are issued to Gibraltarian citizens.

Most of the people who were stopped and asked for proof of stay in Spain and denied entry were holders of the magenta ID cards.

The Borders and Coastguard Agency of Gibraltar stated: “The BCA are not aware of any British national who presented their passport and a Gibraltar red ID card, to have been asked to provide reasons for travel”.

The Gibraltar Government has stated that the existing status quo has not changed and that holders of Gibraltar red ID cards will not have to stamp their passports when crossing the border to travel within Spain, a transitional measure while negotiations between the European Commission and the UK continue.

Negotiations on a deal outlining Gibraltar’s future relationship with the EU have been ongoing for four years, and it remains to be seen if Gibraltar – a British overseas territory that voted overwhelmingly to remain in the EU by 96 percent – will have some kind of special arrangement to maintain frictionless access to the Schengen area.

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RESIDENCY PERMITS

Why is it so hard to get an appointment at some of Spain’s foreigner offices?

One of the reasons Brits in Spain say they haven't got a TIE residency card yet is the apparent impossibility of getting an appointment at their local extranjería office or police station. So is there any truth to this?

Why is it so hard to get an appointment at some of Spain's foreigner offices?

Anyone who has tried to do anything official in Spain will be well aware of the dreaded cita previa system, whereby they must first make an appointment.

For foreign residents, this is not a simple task. It’s not just a question of simply making an appointment as more often than not, there aren’t any available.

And it’s not like you can just log-on a day later and find more. Many people spend weeks or even months trying to make these appointments, so they can carry out mandatory bureaucratic procedures.

These appointments are needed for everything from applying for or renewing your TIE if you’re non-EU to getting your EU green residency card. They’re needed again when going in for fingerprinting or even just trying to pick up your card once it’s ready.

Earlier this week, the British Embassy in Madrid stressed that it’s “really important” that the 200,000+ UK nationals in Spain with a green residency certificate exchange it for a TIE card “as soon as possible” to avoid issues with the EU’s new Entry-Exit System. 

READ ALSO – ‘Get the TIE now’: Brits in Spain urged to exchange residency document

The problem is that the exchange has never been made compulsory, only strongly encouraged and around half of British residents in Spain still haven’t gotten their TIE after Brexit.

In reaction to the announcement by the British Embassy, numerous British residents in Spain commented how hard it is get an appointment at their local police station or extranjería (foreign affairs) office.

Could the difficulty in getting an appointment be one of the reasons to blame for this?

So why are these cita previas so coveted and why are they so difficult to get?

Unfortunately, it’s not just a question of simple Spanish bureaucracy. There’s something slightly more sinister going on here. The fact of the matter is that if you go to certain relocation companies, firms and agencies they can get you an appointment straightaway – if you pay for it.

A year ago in May 2023, Spain arrested 69 people for blocking appointments at immigration offices. They were accused of booking up all the available appointments via a computer bot to later sell to foreigners to make a profit, despite the fact that this process should be free.

Arrests were carried out in Madrid, Albacete, Alicante, Almería, Badajoz, Barcelona, ​​Vizcaya, Burgos, Cádiz, Córdoba, the Balearic Islands, Marbella, Murcia, Tarragona, Tenerife, Toledo and Valencia, which gives us an idea of how widespread the illegal practice is.

Although Spanish police managed to dismantle this particular ring of criminals, it did not solve the problem.

Just seven months later in December 2023, ONG Movimiento Por la Paz (MPDL) confirmed to Levante news in Valencia that the ministry’s network had been hacked for two years and that it was unfair to foreigners who were being discriminated against because of it. 

They also claimed that the police and foreign ministry knew about the problem and still let it happen. 

Vincente Marín, CEO and lawyer for Parainmigrantes website aimed at foreign residents and those wanting Spanish nationality, confirmed this in a video he posted on the site.

He explained that bots hack into the system and that whenever appointments become available, they can book them up in seconds and then sell them on the black market for between €100 and €200, admitting it was a big problem for his firm too.

The initial screen of the appointment page (cita previa) on Spain’s extranjería website, and where many foreigners find it impossible to book residency official processes.

Fast forward to February 2024 and a group of lawyers and gestores from Castellón and Valencia denounced the system, saying that it was “controlled by criminal mafias”. They also cited the problem of bots hacking the system and complained that some of their clients still hadn’t been able to get appointments in five or six months.

In May of this year, the issue is still ongoing. Balearic news site Ultima Hora reported several readers who had been trying to get appointments for months in Mallorca and had been unsuccessful.

One has to get an appointment before her residency card runs out in June and was even considering paying an agency who were asking for €200 to help her get one.

Wherever there’s a sizable population of foreigners, from Barcelona to Valencia, the extranjería website has generally been ‘hacked by bots’.

In order to improve the situation more national police have been called in to work at the Immigration Office in Orihuela (Alicante) because of the number of foreigners living in the area. The police there have confirmed that they have allocated more resources for the issuance of documents too, to try and speed up processes. 

If you’re trying for an appointment the best option is to aim to not pay for one if you can help it, as you’re only fuelling the problem.

Reputable law firms may still be able to help you get one by dedicating more resources to applying for them manually, but you shouldn’t have to pay over the odds for what should be a free service. 

Here are our tips on how to get a cita previa when it seems impossible. 

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