Why does there need to be a consultation with the Schengen States on residence permits under the 2026 UK/EU Treaty for Gibraltar?
Short answer
Since the treaty removes immigration controls between Gibraltar and the Schengen Area, residence permit procedures must align with Schengen requirements. Gibraltar will consult Schengen databases via Spain when issuing or renewing permits, as all Schengen States do. The check verifies the applicant does not pose a security threat - the threshold is high and cannot be applied arbitrarily.
Detailed answer
Gibraltar will remain the only relevant competent authority for the issue of residence permits valid for Gibraltar. This will remain the competence of the Gibraltar Government. However since the effect of the treaty is to remove immigration controls between Gibraltar and the Schengen Area, it is necessary and logical for the provisions on residence permits to be based on those which apply between Schengen States. All Schengen States are required to consult the Schengen databases when they propose to issue residence permits in their respective countries. The same consultation will take place whenever we issue or renew residence permits. We shall carry out that consultation with the Schengen States via Spain as the neighbouring state, but it must be emphasised that the check is with all Schengen States, not Spain alone, via the Schengen databases. The consultation process does not grant Schengen States free reign to raise objections to the grant of a residence permit. It would never be the case that any Schengen State could object to the granting of a Gibraltar residence permit for reasons other than, on the basis of the personal conduct of the applicant, they represent a genuine and sufficiently serious threat. This would apply, for instance, in cases where a Schengen State has entered an alert in the Schengen Information System for refusing entry to the individual concerned on security grounds. That threshold is very high and cannot be applied arbitrarily.