Entering Spain from Gibraltar after Brexit: Is there a deal?

Negotiations continue between the UK and the EU concerning the future of Gibraltar and its relationship with the Schengen Area after Brexit. Chief Minister Fabian Picardo says negotiators are “within touching distance of a historic treaty” and a final answer to what is happening to Gibraltar after Brexit.

The question of what will happen to the British territory of Gibraltar and its future relationship with Europe is still being discussed between UK and EU authorities.

The United Kingdom of Great Britain and Northern Ireland officially left the EU in January 2020 and the transition period ended at the start of 2021. Although the EU and the United Kingdom finally reached a trade deal for the post-Brexit period, negotiations about the status of Gibraltar are ongoing.

A post-Brexit relationship between Gibraltar and Spain has been a complex issue since the referendum. Gibraltar, also known as ‘The Rock’, became British territory in 1713, yet its physical location to the south of the Iberian Peninsula means that it has strong ties with Spain.

Given that Brexit will affect UK passport holders travelling to Europe, the way citizens of Gibraltar interact with Spanish territory is also likely to change.

This article addresses the following questions:

WHAT IS HAPPENING TO GIBRALTAR AFTER BREXIT?

At the end of 2020, the UK and Spain came to an agreement to avoid a hard border between Gibraltar and Spain. This was done by allowing Gibraltar to essentially join the Schengen Area.

This agreement was not legally binding, but it paved the way for an international treaty between the EU and UK.

Formal negotiations between the European bloc and the United Kingdom have been underway since 2021. These aim to establish a “broad and balanced” agreement “without prejudice to the issues of sovereignty and jurisdiction”.

The first mandate was rejected by the British, who opposed the idea of Spanish authorities controlling the borders of Gibraltar. The UK instead wanted Frontex to handle Schengen border security in the territory.

The European Council agreed to reference Spain asking Frontex for support for controlling the border in an amended draft.

As negotiations continue, Gibraltarian Chief Minister Fabian Picardo has said that Gibraltar is “within touching distance of a new treaty” with the EU.

DOES GIBRALTAR COUNT AS SCHENGEN?

Officially, Gibraltar is not yet part of the Schengen Area. However, the UK and Spain came to a provisional agreement to allow Gibraltar to join the open borders region. This would make it easier for residents of the Rock and the surrounding region of Spain to cross the border for work and other activities.

When negotiations between the EU and UK are complete, it is expected that Gibraltar will join the Schengen Area for at least 4 years. After this, the agreement will be reviewed and the arrangement may continue further into the future.

IS GIBRALTAR IN THE EU AFTER BREXIT?

As a British Overseas Territory, Gibraltar left the EU along with the United Kingdom. It is no longer part of the European Union and there are currently no plans for this to change.

However, negotiations are taking place that may see Gibraltar join the Schengen Area — a borderless travel zone which includes most EU countries.

TRAVELLING TO GIBRALTAR AFTER BREXIT

Currently, Gibraltar is not part of the EU or Schengen Area. Visitors must comply with the territory’s immigration rules, which are very similar to those for the UK. Visa-free entry is possible for many travellers, including citizens of EU and Schengen countries.

If Gibraltar joins the Schengen Area, its immigration policy will almost certainly change to be in line with the rest of the travel zone. This will include some visitors needing a Schengen visa to travel to Gibraltar.

From 2026 , foreign visitors from eligible countries may need to register with the ETIAS visa waiver platform.

ETIAS MAY BE REQUIRED TO ENTER GIBRALTAR FROM THE UK

UK citizens will need to register with the European Travel Information and Authorisation System (ETIAS) before accessing the Schengen Area.

The EU’s new visa waiver system will become available from 2026 and become a mandatory entry requirement for third-country nationals heading to any of the ETIAS countries.

As Gibraltar will become a de facto part of the Schengen Area, it is likely that, with the exception of Gibraltians, UK citizens will need an ETIAS to travel to Gibraltar eventually.

The permit is applied for online and valid for multiple trips of up to 90 days. An ETIAS visa waiver is valid for 3 years, or until the passport expires, so it will not be necessary to reapply before each trip.

CROSSING THE GIBRALTAR-SPAIN BORDER

For those living in Gibraltar after Brexit, crossing the border has become more complicated. Now, there are border control checks on British passport holders and goods moving into Spain to make sure they comply with Schengen regulations.

It is a similar story for the 10,000 Spanish citizens who go to Gibraltar each day for work. If Gibraltar joined the Schengen Area, travel from Spain would become much easier for these individuals.

Gibraltar’s Minister of Tourism and Business, Vijay Daryanyani, stressed how the policy would open up many job opportunities for Spanish citizens:

“It would mean 16,000 citizens of Spain who daily cross the border to work in Gibraltar’s hospitals, hotels, restaurants, and other businesses would be able to travel into the territory without passport checks. We have more jobs than people; we need them to come and work in Gibraltar.”

While the temporary agreement between Spain and the UK paves the way to free movement across the border, this will not come into effect until the negotiations are completed.

THE ECONOMIC IMPORTANCE OF THE GIBRALTAR-SPAIN BORDER

The ability to cross the Gibraltar-Spain border quickly and efficiently is essential to the economies of both Spain and Gibraltar.

In addition, Gibraltar has become an established tourist destination in recent years. Around 10 million people visit Gibraltar each year, many arriving by land from Spain.

This mutual dependency highlighted the importance of ensuring entering Spain from Gibraltar, and vice versa, remains as efficient as possible after Brexit.

HOW WILL THINGS CHANGE WHEN GIBRALTAR JOINS THE SCHENGEN AREA?

Due to the UK/Spain deal for Gibraltar, it seems likely that the British colony will indeed join the Schengen Area for passport-free travel, and will now be included in the Schengen Agreement between the other 26 member countries.

The 271,000 inhabitants of the 8 municipalities of Gibraltar will be permitted freedom of movement to Spain and the other Schengen countries, and all Schengen nationals will be able to travel to Gibraltar without undergoing passport checks.

However, as the UK is not and has never been a part of the Schengen Area, British citizens will still be required to go through passport controls to gain entry to Gibraltar.

The agreement will be valid for a transition period of 4 years during which the EU will deploy Frontex border guards to Gibraltar’s land border to facilitate the free movement treaty.

Spanish Foreign Minister González Laya has also confirmed that the new deal between the UK and Spain will also mean that Gibraltar will need to comply with EU fair competition rules. These policies are shared by the other members of the Schengen Agreement, in areas such as financial policy, the environment, and the labour market.

The new Gibraltar UK-Spain deal puts the territory on the same level as Liechtenstein - which enjoys the benefits of visa-free travel within the Schengen Area despite not being a full part of the Schengen Information System.

It also means that Gibraltar’s air and sea port will now be a de facto part of the external borders of the Schengen Area.

DOES THE UK SUPPORT GIBRALTAR BECOMING A SCHENGEN MEMBER?

The UK is open to Gibraltar becoming part of Schengen to allow easier movement across the border with Spain.

However, it is taking a hard line over the issue of sovereignty and jurisdiction. One key issue in the negotiations has been how immigration will be handled if Gibraltar becomes part of the region, as its crossings will be considered part of the Schengen Area’s external borders.

Former British Prime Minister Boris Johnson said on Twitter that he received the new agreement regarding a post-Brexit Gibraltar “with enthusiasm”, while Dominic Raab, the former UK Foreign Secretary, classified the deal as a "political framework" which will lead to a separate treaty with the EU after a 6-month transition period.

He added that "all sides are committed to mitigating the effects of the end of the Brexit Transition Period on Gibraltar, and in particular ensure border fluidity, which is clearly in the best interests of the people living on both sides.”

WHO WILL HAVE CONTROL OVER GIBRALTAR’S SCHENGEN BORDERS AFTER BREXIT?

Some disagreements remain over who will have control over deciding who can enter the Schengen Area from Spain following the Gibraltar Brexit deal.

Previously, González Laya stressed that “the final decision on who enters the Schengen Area belongs to Spain” because neither Gibraltar nor the UK has access to Schengen rules, procedures and tools, including the Schengen Information System database.

However, Fabian Picardo, the chief minister of Gibraltar, strongly disputed González Laya’s claims in an online response, tweeting that “only Gibraltar will decide who enters Gibraltar and Spanish officers will not exercise any controls in Gibraltar at the airport or port now or in four years’ time. This is our land. Couldn’t be clearer.”

The UK has been opposed to Spanish authorities controlling immigration into Gibraltar, as this would undermine British sovereignty. Gibraltarian and British authorities have said they would walk away with no deal rather than compromise the sovereignty of the territory.

To this end, Spain has asked the Frontex border agency for support in border control for Gibraltar, in line with the UK’s wishes. The negotiations are ongoing.

DEAL ON SCHENGEN VISA ISSUANCE TO ENTER GIBRALTAR

The framework agreement reached by the UK and Spain includes demolishing Gibraltar’s current physical barrier, known as La Verja, between La Línea (Cádiz, Spain) and the British Overseas Territory.

The UK-Spain deal also states the way Schengen visas will be issued from now on to enter Gibraltar: Spanish embassies and consulates are allowed to issue short-term Schengen visas (up to 90 days) to travellers who want to visit the territory. The same will happen by 2026 , once the ETIAS visa waiver is launched: Spain will be in charge of handling the European travel permit for people seeking to enter Gibraltar.

In the case of long-term Schengen visas (more than 90 days), they will also be issued by Spanish authorities. However, British embassies can be used to deliver them to foreign applicants.

In any of these cases, Spain “must align itself with the EU’s visa policy”, which means, for instance, that the country is obliged to regularly inform Gibraltar about the visas it has issued.

OTHER REACTIONS TO THE GIBRALTAR BREXIT DEAL WITH SPAIN

Despite his reservations over González Laya’s comments about border control, Fabian Picardo has called the deal a “success” that “will restart our relationship with Spain” and that the agreement will open up new opportunities for “decades if not centuries”.

González Laya also pointed out that the deal will allow Gibraltar to establish closer ties with the EU, something that 96% of voters in the territory wanted from the Brexit referendum.

POST-BREXIT REQUIREMENTS FOR ENTERING SPAIN FROM GIBRALTAR

Now that Gibraltar will become part of the Schengen Area, the way Gibraltarians travel to Spain will not change following the end of the Brexit transition period.

As passport-free travel is permitted between all Schengen countries, Gibraltarians will still be able to travel to Spain using just an ID card, and will not need to show their passport at border checks.