Counting passport stamps

I’d imagine that like the US, the UK would require you to travel into and out of the country on their passport, if you have one.

No, my partner & son have flown into the UK using their Australian passports. It’s allowed. Or at least it was a few years ago when we last looked into it.

In Australia, citizens have to use their Australian passports in theory but not always in practise.

Articles 11 and 12 of the Schengen Borders Code (Regulation (EU) 2016/399) are relevant:

• Article 11: requires passports of third country nationals to be “systematically stamped on entry and exit”. There a range of exceptions for diplomats etc., cruise ships in certain scenarios etc.
• Article 12: deals with scenarios where the third country national does not have an entry or exit stamp. Basically, if you can provide, “by any means, credible evidence, such as transport tickets or proof of his or her presence outside the territory of the Member States, that he or she has respected the conditions relating to the duration of a short stay” you can rebut the presumption that you do not comply with the conditions of entry. I once had a douanier at LFAT notice I was missing an exit stamp because the police at Calais didn’t turn up (so I just left) – after I explained that he just shrugged his shoulders and stamped me in. It seems there is a more formal procedure – Annex VIII provides for a notice that can be issued (“approval of the evidence regarding the respect of the condition of duration of a short stay in cases where the travel document does not bear an entry or exit stamp”).

I don’t think it is a big deal in practice. Most of the time you get a stamp, and if you don’t you’ll probably be able to demonstrate when you arrived or left. It is unlikely there will be some detailed investigation into when/how you sent the PN unless you really rubbed someone up the wrong way, I suspect. As Peter says, a good number of the stamps are of such low quality that they are probably of limited use anyway, and as long as you don’t appear to be breaching the 90 in 180 day rule then I doubt more detailed scrutiny is likely. Of course this only relates to immigration; customs rules are different.

This will all become redundant when (if?) the entry/exit system comes into force, which will record details of entries and exits.

Relatedly, there are special rules for pilots, in Annex VII. Most airports don’t apply this for non-commercial/private flights, but a few do (I’ve not had my passport stamped at Ostend, Lille, Liège, on the basis of being “crew”. I’m sure there are many others too).

Annex VII:

2. Pilots of aircraft and other crew members

2.1. By way of derogation from Article 6 [ article 6 provides for the maximum stay of 90 days in any 180 day period and other conditions of entry ] the holders of a pilot’s licence or a crew member certificate as provided for in Annex 9 to the Civil Aviation Convention of 7 December 1944 may, in the course of their duties and on the basis of those documents:

(a) embark and disembark in the stop-over airport or the airport of arrival situated in the territory of a Member State;

(b) enter the territory of the municipality of the stop-over airport or the airport of arrival situated in the territory of a Member State;

(c) go, by any means of transport, to an airport situated in the territory of a Member State in order to embark on an aircraft departing from that same airport.

In all other cases, the requirements provided for by Article 6(1) shall be fulfilled.

2.2. Articles 7 to 14 shall apply to checks on aircraft crew members. Wherever possible, priority will be given to checks on aircraft crews. Specifically, they will be checked either before passengers or at special locations set aside for the purpose. By way of derogation from Article 8, crews known to staff responsible for border controls in the performance of their duties may be subject to random checks only.

That seems to say the licence itself is the travel document (cf. a passport) (Article 11 says pilots’ licences are not to be stamped when used as the travel document), but I think in practice pilots always carry their passports.

This doesn’t answer the bigger question of whether one is obliged to seek out a border guard if they are not present despite being duly notified. Maybe there isn’t an answer. You are certainly obliged to enter and exit at official border crossings, and can be penalised for not doing so (article 5):

1. External borders may be crossed only at border crossing points and during the fixed opening hours. The opening hours shall be clearly indicated at border crossing points which are not open 24 hours a day.

Member States shall notify the list of their border crossing points to the Commission in accordance with Article 39.

2. By way of derogation from paragraph 1, exceptions to the obligation to cross external borders only at border crossing points and during fixed opening hours may be allowed:

(a) for individuals or groups of persons, where there is a requirement of a special nature for the occasional crossing of external borders outside border crossing points or outside fixed opening hours, provided that they are in possession of the permits required by national law and that there is no conflict with the interests of public policy and the internal security of the Member States. Member States may make specific arrangements in bilateral agreements. General exceptions provided for by national law and bilateral agreements shall be notified to the Commission pursuant to Article 39;

(b) for individuals or groups of persons in the event of an unforeseen emergency situation;

(c) in accordance with the specific rules set out in Articles 19 and 20 in conjunction with Annexes VI and VII.

3. Without prejudice to the exceptions provided for in paragraph 2 or to their international protection obligations, Member States shall introduce penalties, in accordance with their national law, for the unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours. Those penalties shall be effective, proportionate and dissuasive.

But provided that you comply with that, if they don’t show up or don’t stamp then that’s not really your problem, as long as you can later provide sufficient evidence that you’ve not overstayed, as above.

Paragraph 2 of Annex VI is also relevant, which sets out the rules for border crossing points for air traffic:

2. Air borders

2.1. Procedures for checks at international airports

2.1.1. The competent authorities of the Member States shall ensure that the airport operator takes the requisite measures to physically separate the flows of passengers on internal flights from the flows of passengers on other flights. Appropriate infrastructures shall be set in place at all international airports to that end.

2.1.2. The place where border checks are carried out shall be determined in accordance with the following procedure:

(a) passengers on a flight from a third country who board an internal flight shall be subject to an entry check at the airport of arrival of the flight from a third country. Passengers on an internal flight who board a flight for a third country (transfer passengers) shall be subject to an exit check at the airport of departure of the latter flight;

(b) for flights from or to third countries with no transfer passengers and flights making more than one stop-over at the airports of the Member States where there is no change of aircraft:

(i) passengers on flights from or to third countries where there is no prior or subsequent transfer within the territory of the Member States shall be subject to an entry check at the airport of entry and an exit check at the airport of exit;

(ii) passengers on flights from or to third countries with more than one stop-over on the territory of the Member States where there is no change of aircraft (transit passengers), and provided that passengers cannot board the aircraft for the leg situated within the territory of the Member States, shall be subject to an entry check at the airport of arrival and an exit check at the airport of departure;

(iii) where an airline may, for flights from third countries with more than one stop-over within the territory of the Member States, board passengers only for the remaining leg within that territory, passengers shall be subject to an exit check at the airport of departure and an entry check at the airport of arrival.

Checks on passengers who, during those stop-overs, are already on board the aircraft and have not boarded in the territory of the Member States shall be carried out in accordance with point (ii). The reverse procedure shall apply to that category of flights where the country of destination is a third country.

2.1.3. Border checks will normally not be carried out on the aircraft or at the gate, unless it is justified on the basis of an assessment of the risks related to internal security and illegal immigration. In order to ensure that, at the airports designated as border crossing points, persons are checked in accordance with the rules set out in Articles 7 to 14, Member States shall ensure that the airport authorities take the requisite measures to channel passenger traffic to facilities reserved for checks.

Member States shall ensure that the airport operator takes the necessary measures to prevent unauthorised persons entering and leaving the reserved areas, for example the transit area. Checks will normally not be carried out in the transit area, unless it is justified on the basis of an assessment of the risks related to internal security and illegal immigration; in particular checks in this area may be carried out on persons subject to an airport transit visa in order to check that they are in possession of such a visa.

2.1.4. Where, in cases of force majeure or imminent danger or on the instructions of the authorities, an aircraft on a flight from a third country has to land on a landing ground which is not a border crossing point, that aircraft may continue its flight only after authorisation from the border guards and from customs. The same shall apply where an aircraft on a flight from a third country lands without permission. In any event, Articles 7 to 14 shall apply to checks on persons on those aircraft.

2.2. Procedures for checks in aerodromes

2.2.1. It shall be ensured that persons are also checked, in accordance with Articles 7 to 14, in airports which do not hold the status of international airport under the relevant national law (aerodromes) but through which the routing of flights from or to third countries is authorised.

2.2.2. By way of derogation from point 2.1.1 it shall not be necessary to make appropriate arrangements in aerodromes to ensure that inflows of passengers from internal and other flights are physically separated, without prejudice to Regulation (EC) No 300/2008 of the European Parliament and of the Council ( 18 ). In addition, when the volume of traffic is low, the border guards need not be present at all times, provided that there is a guarantee that the necessary personnel can be deployed in good time.

2.2.3. When the presence of the border guards is not assured at all times in the aerodrome, the manager of the aerodrome shall give adequate notice to the border guards about the arrival and the departure of aircrafts on flights from or to third countries.

2.3. Checks on persons on private flights

2.3.1. In the case of private flights from or to third countries the captain shall transmit to the border guards of the Member State of destination and, where appropriate, of the Member State of first entry, prior to take-off, a general declaration comprising inter alia a flight plan in accordance with Annex 2 to the Convention on International Civil Aviation and information concerning the passengers’ identity.

2.3.2. Where private flights coming from a third country and bound for a Member State make stop-overs in the territory of other Member States, the competent authorities of the Member State of entry shall carry out border checks and affix an entry stamp to the general declaration referred to in point 2.3.1.

2.3.3. Where uncertainty exists whether a flight is exclusively coming from, or solely bound for, the territories of the Member States without stop-over on the territory of a third country, the competent authorities shall carry out checks on persons in airports and aerodromes in accordance with points 2.1 to 2.2.

2.3.4. The arrangements for the entry and exit of gliders, micro-light aircraft, helicopters, small-scale aircraft capable of flying short distances only and airships shall be laid down by national law and, where applicable, by bilateral agreements.

The provisions about gendecs do not seem to be strictly enforced, e.g. at Le Touquet. 2.2.3 seems to place the PN obligation on the aerodrome manager, not the pilot.

Thank you for this Indochine. I need to make notes 😀