We hold Spanish TIE cards but were put through EES on return by ferry. Why, and can the data be deleted?
The question
We have lived in Spain since 2007. Returning by ferry from the UK, we were made to complete the EES process despite showing our TIE cards and saying we live in Spain. Why did this happen, and can the information be deleted?
Our answer
If you hold a valid Spanish TIE (Tarjeta de Identidad de Extranjero) and are a legal resident of Spain, you should generally not be registered in the EU Entry/Exit System (EES). The EES is intended for short-stay non-EU visitors, not for people who hold a valid residence permit issued by a Schengen country.
It is possible that:
The border officer did not recognize your residency status.
Your TIE was not processed correctly during the border check.
An administrative error occurred during the implementation of the new EES system.
If an EES record was created by mistake, EU guidance indicates that incorrect records can be corrected or deleted. In many cases, this can be done by the border authorities or the competent national authority after reviewing your case.
I would recommend that you:
Keep a record of the date, port of entry, and any documents you were given during the border crossing.
Contact the Spanish National Police or the border authority where you entered Spain to explain that you are a Spanish resident with a valid TIE and believe you were registered in the EES in error.
If necessary, request that the incorrect EES record be rectified or deleted. Under EU data protection rules, individuals have the right to request the correction or deletion of personal data that has been processed incorrectly.
If you continue to experience problems, or if you are concerned about how this may affect future travel, it may also be worth consulting an immigration lawyer or contacting the relevant data protection authority.
Note: This information is for general guidance only and does not constitute legal advice. If your case involves an incorrect registration in the EES, it is advisable to contact the relevant border authorities or seek professional legal advice.
Official sources: EU: to whom does the EES not apply and EU: data held by the EES (rectification and deletion)
Answered by email and published anonymously. Rules change; always check the official source linked before acting, and for a complex case consult a licensed lawyer.
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