Gibraltar: UK-EU treaty

UK–EU treaty on Gibraltar

The UK and EU signed the treaty on Gibraltar on 14 July 2026 in Brussels.

A separate agreement was necessary because the Trade and Cooperation Agreement (TCA) does not cover Gibraltar. Negotiations on the agreement took four years and began in October 2021 under the Johnson government. 

The key features of the agreement, applied provisionally from 15 July 2026, are that it:

• upholds UK sovereignty over Gibraltar and its territorial waters:
  • immigration, policing, and justice remain under Gibraltar’s own authorities
  • UK military bases and operations in Gibraltar remain under full UK control
• removes physical barriers on the border with Spain for people and goods (such as the long-standing border fence)
• ensures the free circulation of people between Gibraltar and the EU
  • removes passport passport checks between Gibraltar and Spain for routine crossings
    • Gibraltarians are British citizens, not EU citizens nor members of Schengen
  • dual border checks at Gibraltar’s port and airport
    • Gibraltar/UK immigration control
    • Spanish (Schengen) immigration control, carried out by Policía Nacional with Frontex support
  • customs officers from Spain or Gibraltar may conduct random inspections of goods and vehicles.
• ensures the free circulation of goods between Gibraltar and the EU:
  • establishes a customs union with the EU, but Gibraltar does not become part of the EU’s Customs Territory or the Single Market
  • customs formalities still apply, but checks are shifted away from the land border to designated EU customs offices in Spain (e.g., at Algeciras-La Línea). 

Please note that this is different from the treatment of the Crown Dependencies (Jersey, Guernsey, Isle of Man).

Please also note that the residency requirements have tightened significantly to coincide with the introduction of the treaty. The new requirements apply to those who apply for residency in Gibraltar after 6 October 2025 and came into force on 14 July 2026.

The changes include:

• permanent residency: qualifying period doubled from five years to ten;
• general work-based residence: a qualifying job paying at least Gibraltar’s average salary (currently £37,500) and applicants must generally be aged 55 or under;
• Category 2 (high-net-worth) status: minimum net wealth requirement rose from £2 million to £5 million.

Sources:
HMG, UK–EU Agreement in respect of Gibraltar, 14 July 2026
Gibraltar Government, Government announces new Residence Criteria framework – 466/2026, June 2026

Treaty ratification

The EU procedure for conclusion of international agreements requires the consent of the European Parliament and a decision by the Council before formal ratification.

Domestic UK legislation is not required to implement the Gibraltar agreement. However, the Gibraltar Parliament had to enact legislation to implement the agreement. The legislation needed to implement the agreement, The Treaty on Gibraltar and the European Union Bill 2026, was adopted on 31 March 2026. 

UK ratification of the agreement takes place after following a procedure for parliamentary scrutiny set out under the Constitutional Reform and Governance (CRAG) Act 2010.

For more details, please see the research briefing from the House of Commons Library.

Constitutional status

Gibraltar is a self-governing territory in relation to domestic policy matters under the Gibraltar Constitution Order 2006.

The territory is not part of the United Kingdom, and it is not part of the European Union. It is a British Overseas Territory with a high degree of internal self‑government, and its relationship with both the UK and the EU is constitutionally unique.

Gibraltarians have full British citizenship (granted in 1981) and, in 2016, voted overwhelmingly to remain a member of the EU.

Gibraltar has its own constitution, parliament, and government with responsibility for domestic matters. The UK retains responsibility for:

• defence
• foreign relations

The UK government holds sovereignty over Gibraltar but repeatedly affirms the “double lock”:

• Gibraltar will not change sovereignty without the freely expressed wishes of its people;
• the UK will not negotiate sovereignty without Gibraltar’s consent. 

Sources:

House of Commons Library, UK–EU Agreement on Gibraltar: Draft text and next steps, May 2026