Spain has been quietly granted new powers over visas and residency in Gibraltar as part of a Brexit deal to keep the Rock’s border with the EU open.
UK and Gibraltarian ministers insisted there was no threat to British sovereignty when they unveiled the long-awaited agreement last week. But details have now emerged revealing that Spanish officials will be involved in vetting people moving to the British Overseas Territory, effectively giving Madrid a say over immigration and asylum on the Rock.
The arrangement means UK nationals hoping to settle in Gibraltar could be subject to checks by Spanish authorities acting on behalf of the EU.
Gibraltar’s government confirmed to Bloomberg, which first reported the concession, that it would retain the final say on asylum claims and residency permits.
A spokesman said: “The agreement does not compromise sovereignty in any respect, and provides huge opportunities for traders in Gibraltar.
“It protects the fluidity of people necessary for the continued success and expansion of our services industries, especially the online gaming, insurance and financial services sectors.”
An EU official said Gibraltar would be allowed to issue a limited number of humanitarian visas, which would only be valid within the territory itself.
The deal also includes deep cooperation between police forces in Spain and Gibraltar — despite Madrid continuing to view the territory, which has been under British control since 1713, as a colony that rightfully belongs to Spain.
Crucially, the agreement ensures the border between Gibraltar and Spain remains open, avoiding chaos for the 15,000 Spanish workers who cross into the Rock each day. Without the deal, those workers would have been forced to get their passports stamped on entry and exit, using up their allowance of visa-free days and risking major disruption at the frontier.
As part of the arrangement, Gibraltar will effectively become an entry point to the EU’s Schengen Area. Border checks will be relocated to Gibraltar’s airport, meaning once inside, travellers can move freely within the passport-free zone.
The EU reportedly demanded new visa powers to protect the integrity of Schengen during more than five years of closed-door negotiations.
The deal also removes physical customs checks on goods at the border with Spain.
However, the concessions have sparked concern among some Conservative MPs.
Mark Francois, the shadow armed forces minister and chair of the European Research Group, said: “Given the Labour Government’s abject surrender over the Chagos Islands, Spain was always likely to be emboldened in negotiations over Gibraltar – and indeed Argentina has recently restated its false claim to the Falklands, too.
“Other nations have sensed that this Government is a ‘soft touch’ – and are acting accordingly.”
The Gibraltar talks dragged on for more than five years following the end of the Brexit transition period and were frequently stalled over sovereignty concerns. But relations between the UK and EU have warmed under Sir Keir Starmer’s Labour Government, helping to break the deadlock.
In May, Sir Keir signed a so-called “Brexit reset” agreement with Brussels, which included a new defence pact and allowed EU fleets continued access to British waters for 12 years.
The reset also committed the UK to align with the EU’s plant and animal health rules to boost trade — a move critics said risked turning Britain into a “ruletaker” under EU control.
