Gibraltar & The Treaty — The Reading Room

Circulation of persons between Gibraltar and the Member States

Article

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Circulation of persons between Gibraltar and the Member StatesCirculation of personsbetween Gibraltar andthe Member States●Persons resident inGibraltar■Citizens of the Union▲Nationals of thirdcountries◆United Kingdomnationals★Employed frontierworkersCirculation of persons between Gibraltar and the Member StatesCirculation of persons betweenGibraltar and the MemberStates●Persons resident inGibraltar■Citizens of the Union▲Nationals of thirdcountries◆United Kingdom nationals★Employed frontierworkers

Circulation of persons between Gibraltar and the Member States

  • Article
    “All physical barriers related to the circulation of persons between the Union and Gibraltar shall be removed”
  • Article
    “…irrespective of their nationality”
  • Article
    “…All passengers entering Gibraltar from Gibraltar port or airport shall be subject to border checks…”

Persons resident in Gibraltar

  • 90 days in any 180-day periodArticle
    “…Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full…”
  • Article
    “…each Member State may decide to impose a visa requirement on persons resident in Gibraltar travelling for the purpose of carrying out a paid activity…”
  • Article
    “…no entry or exit stamp shall be affixed to the travel documents of persons resident in Gibraltar…”
  • Article
    “…Persons resident in Gibraltar who do not fulfil the other entry conditions laid down in Article 6(1) of the Schengen Borders Code, shall in any event not be prevented from crossing the border crossing points referred to in Article of this Agreement for the purpose of entering Gibraltar”
  • Article
    “…A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar…”
  • 10 yearsArticle
    “…unless they have been resident in Gibraltar for a continuous period of at least 10 years immediately prior to the date of application for the card…”
  • 28 daysArticle
    “…Within 28 days of being notified under paragraph 2, the competent authorities of the Kingdom of Spain may inform the competent authorities of the United Kingdom, in respect of Gibraltar, of their objection to the issuance or renewal of a residence permit…”

Citizens of the Union

  • 90 days in any 180-day periodArticle
    “…Citizens of the Union, their third-country family members who hold a residence card under Directive 2004/38/EC, and third-country nationals legally residing in the Member States applying the Schengen acquis in full may enter and stay in Gibraltar without a visa for a maximum period of 90 days in any 180-day period…”
  • Article
    “…the United Kingdom, in respect of Gibraltar, may decide to impose a visa requirement on such persons travelling for the purpose of carrying out a paid activity”
  • Article
    “…Paragraphs 2 to 7 shall not apply to: (a) Union citizens and family members of Union citizens, irrespective of their nationality, referred to in Articles 2 and 3 of Directive 2004/38/EC…”
  • Article
    “…Union citizens legally residing in the Kingdom of Spain…”
  • Article
    “…shall have a right to take up and pursue an activity as an employed frontier worker in Gibraltar in accordance with the rules applicable to United Kingdom nationals in Gibraltar”

Nationals of third countries

  • Article
    “…Nationals of third countries required to be in possession of a short-stay visa to enter and stay in the Member States in accordance with Union law shall also be required to be in possession of a visa to enter and stay in Gibraltar”
  • Article
    “…Nationals of third countries exempt from the requirement to be in possession of a short-stay visa to enter and stay in the Member States in accordance with Union law shall not be required to be in possession of a visa to enter and stay in Gibraltar”
  • Article
    “Long-stay visas valid for Gibraltar shall not be issued”
  • 15 daysArticle
    “…entitling the holder to stay there for a maximum duration of 15 days…”
  • 15 in any calendar yearArticle
    “…The number of visas issued pursuant to paragraph 2 shall not exceed 15 in any calendar year…”

United Kingdom nationals

  • Article
    “…United Kingdom nationals legally residing in Gibraltar…”
  • Article
    “…shall have a right to take up and pursue an activity as an employed frontier worker in the Kingdom of Spain in accordance with the rules applicable to Spanish nationals in the Kingdom of Spain”
The text does not mention:

Searched in Articles to : “United Kingdom nationals”, “nationals of the United Kingdom”.

Employed frontier workers

  • at least once a weekArticle
    “…who pursue an economic activity as an employed person either in Gibraltar or in the Kingdom of Spain and who return at least once a week to the Kingdom of Spain or to Gibraltar, respectively, are employed frontier workers”
  • Article
    “…the right to enter, stay and leave while employed as a frontier worker or pursuing an activity as a self-employed frontier worker…”
  • Article
    “…the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment…”
  • Article
    “…social and tax advantages, except rights of access to housing…”
  • Article
    “…the right to retain frontier worker status…”
  • Article
    “…may be refused the right to take up employment in the public service which involves direct or indirect participation in the exercise of powers conferred by public law…”
  • Article
    “…shall enjoy a derivative right to equal treatment, in the access to social and tax advantages…”

The text does not mention

The text does not mention:

Searched in Articles to and to : “work permit”, “work visa”, “employment permit”.

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