Gibraltar as the new ETIAS frontier

The Country of Gibraltar, often referred to as “the Rock”, has been part of the British Overseas Territories ever since 1713 and is still to this day a dependency to the British crown.
Although Gibraltarians are British citizens, they elect their own representatives to the local House of Assembly.

Despite its position on the Iberian Peninsula, Gibraltar is not part of Spain, who has historically made several attempts to gain back control over its lands, or the European Union either. As a matter of fact, the British Overseas Territory of Gibraltar left the EU along with the UK in 2020 in the aftermath of the Brexit referendum during which, 96% of Gibraltar’s population voted to stay in the Union.

Nevertheless, short before Brexit became effective in late 2020, a pre-agreement has been made to maintain, at least temporarily, freedom of movement between Gibraltar and EU countries.

Gibraltar’s borders

After the United Kingdom’s withdrawal from the EU, it has been announced that the crown dependency of Gibraltar would be included in the Schengen accord for passport-free travel between member States, therefore allowing around 14,000 daily cross-border commuters to keep accessing and leaving the semi-exclave without a passport.

For a period of up to four years following Brexit, the European Union agreed to position Frontex border officers to allow freedom of movement between the Rock and Spain.

Such agreement implies that Gibraltar’s airport and seaport are now, albeit unofficially and temporarily, operating as entry points to the Schengen Area.

Will Gibraltar obtain full Schengen membership?

Diplomats and politicians both on the Spanish and on the British side are currently working hard to sign a final deal that would give a green light to Gibraltar’s Schengen membership.

On January 17th, 2023, Spain’s Foreign Affairs Minister Jose Manuel Albares declared “I see a constructive spirit from the British side on the agreement related to Gibraltar,” in an interview at the World Economic Forum in Davos.

“I think we are very close to the deal. Nothing is agreed until everything is agreed, but from the meetings I had with (British Foreign Secretary) James Cleverly I see that we both want the agreement and are really working on it,” Albares also stated.

Among the many details that are still part of debate is whether Spanish border officials will be deployed at Gibraltar’s airport and seaport.

As a matter of fact, Spain and the EU seem to believe that Spanish presence is required at the Rock’s point of entry so as to fulfill the essential tasks of Schengen control since “Schengen itself is a set of regulations, processes, and resources, including its data, to which Spain has access while the United Kingdom and Gibraltar do not.”

On the other hand, Fabian Picardo, head minister of Gibraltar, has repeatedly disputed the concept that Spain could have the final word on who enters the Schengen Area from the British Crown dependency, stating that “under the New Year’s Eve Agreement only Gibraltar will decide who enters Gibraltar”.

What could a deal bring to the Rock

The new agreement aims to reconfirm the, now temporary, freedom of movement allowing Spanish and Schengen Citizens to enter Gibraltar without a passport and, likewise, endorse the people of Gibraltar with the right of free movement to Spain and the Schengen Area using only their national ID card.

Head Minister Fabian Picardo welcomed the news, calling the upcoming agreement as a “success” that would allow the territory to nurture a closer partnership with Spain and EU as a whole.

The deal would induct Gibraltar under the terms of the Schengen Agreement for passport-free travel, although the British exclave would not become a full part of the Schengen information databases maintained by the European Commission.

Nevertheless, in the context of such agreement, if confirmed, Gibraltar would still need to comply with the same laws on fair competition between Schengen countries that all members nations are required to meet.

Travels between Gibraltar and the UK

The all-British paradox of the post Brexit aftermath is that, with current travel regulations being confirmed, Schengen citizens are able to enter Gibraltar using their national ID card, while British citizens, even though moving inside the UK, are required to hold a valid passport and to pass through passport checks in order to enter the exclave.

Moreover, with Gibraltar sea and air borders becoming de-facto Schengen entry posts, UK citizens will soon need an ETIAS visa waiver in order to visit “the Rock” from 2024.

The Electronic Visa Waiver System is scheduled to be launched soon and, once operational, it will be a mandatory requirement to all visa free visitors to the Schengen Area and associated countries. Over 60 different nationalities of passport will be considered eligible for ETIAS among which is the British citizenship.

Hence, form the end of this very year British Citizen would likely be demanded to get a pre-authorization so as to visit an effective part of the United Kingdom.

How to obtain ETIAS on a British passport

ETIAS application process to UK Nationals will be electronic exclusively and is merely consists of a form that each traveler, including minors through the assistance of a parent and/or legal guardian, must fill out with all the necessary information.

The required data for ETIAS application include:

  • Full name and surname
  • Date of birth
  • Place of birth
  • Birth country
  • Passport number
  • Passport’s authority and place of issue
  • Passport’s issue and expiry date
  • Contact details including current address, phone number and valid e-mail address
  • Scheduled arrival date in ETIAS Area
  • First country of intended stay in ETIAS Area

Once the ETIAS request is sent through and paid for, the EU institutions and Security Databases will be checking all the relevant information and provide an outcome, that will be sent via e-mail only, to each applicant in usually no longer than 72 hours.
When granted ETIAS is valid for multiple travels and for an overall validity of maximum 3 years or until passport expiry date.

Eligibility criteria

ETIAS validity is linked to the traveler’s identity and passport but not to the place of origin of the travel nor to the mean of transportation used to reach the Schengen Area.

As a matter of fact, British citizens are allowed to travel on a valid ETIAS, provided they respect all the eligibility clause, even if they are coming to the Schengen Area from a Visa Waiver Non-Eligible Country and whether the reach the Area’s external borders by air, land or sea.

ETIAS Visa Waiver is suitable for United Kingdom visitors with ordinary passport whose combined stay in the Schengen Area will not exceed 90 days within 6 months and whose purpose of visit will be either:

  • Commerce
  • Tourism
  • Transit
  • medical treatment

Holders of UK passport will be eligible for ETIAS even if they do not have the full British Citizen status on their passport. For instance, ETIAS can be applied for even from subject with one of the following statuses: British Nationals (overseas), British Overseas Territories Citizens (BOTC), British Overseas Citizens (BOC), British Protected Persons (BPP) and British Subjects (BS).