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Technical Notice - Information with respect to minors crossing the border - 747/2022

October 10, 2022

Technical Notice

Information with respect to minors crossing the border

Minors crossing the border

The Spanish authorities have advised the Gibraltar authorities that, as from Wednesday 12 October 2022, new controls will be coming into place at the border affecting the crossing of minors. The information contained in this Technical Notice is without prejudice to the fulfilment of other entry conditions which the Spanish authorities apply in keeping with their obligations under the Schengen Borders Code e.g. the requirement for the minor to be in possession of a valid travel document.

As from Wednesday 12 October 2022, the following additional requirements will apply to minors, i.e. persons aged 17 and under, when crossing the border:

 

Minors resident in Gibraltar.

Minors resident in Gibraltar, intending to cross from Gibraltar to Spain, will need to be accompanied by an adult. Entry may be refused if the minor is unaccompanied. If the adult accompanying the minor is not a parent of the minor, the Spanish border guards will perform more thorough checks than usual in order to, for example, record the personal details of both the adult and the minor.

Minors resident in Gibraltar, intending to cross from Spain to Gibraltar, should also be accompanied by an adult. Where the adult is not the parent of the minor, the same thorough checks described above will be applied.

Minors resident in Spain.

Minors resident in Spain, intending to cross from Spain to Gibraltar, will also need to be accompanied by an adult. When the minor is accompanied by an adult that is not the parent, more thorough checks than usual will be performed and a duly completed Declaration signed by the parent responsible for the minor will need to be presented to the Spanish authorities at the border. A copy of this Declaration is appended to this Technical Notice. In cases where the adult accompanying the minor is the parent, it is not necessary to present a Declaration.

The same will apply when minors, resident in Spain, intend to cross from Gibraltar to Spain.

It is important to make clear that requirements with respect to the Declaration referred to above only apply to minors residing in Spain. They do not apply to minors residing in Gibraltar.

Advice.

The parents of minors who have, until now, relied on their children being able to cross the border unaccompanied are advised to pay particular attention to the requirements described in this Technical Notice. For instance, it is important to note that children who cross the border unaccompanied to attend school, to attend activities or to make use of Gibraltar Airport will not be able to cross the border unaccompanied as from Wednesday 12 October 2022. 

Other points to note.

It is the Government’s understanding that these new requirements should not affect minors crossing the border in the context of organised events or activities e.g. school trips or sporting activities where minors form part of a group for which teachers or coaches make themselves responsible. Where these events or activities take place in Spain, and the organisation travelling is based in Gibraltar, the usual ‘List of Minors for Organised Trips to Spain’ should be sent to the BCA in advance. This should be sent by email to the BCA at least a working day in advance of the trip taking place. Further information in this respect can be sought from the BCA by contacting info@bca.gov.gi.

The public should also note that the information contained in this Technical Notice is based on information relayed to the Gibraltar authorities by the Spanish authorities. Whilst it is the Government’s intention to provide, with this Technical Notice, as accurate and advanced warning as possible to the public, the public should note that these are Spanish requirements which could be subject to change.

The usual checks applied by the Gibraltar authorities on minors crossing the border are not affected by the information contained in this Technical Notice. These will continue as normal.