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British expat fury over EU referendum snub

Calls are growing for voting rights to be extended to ALL British expats living in EU member states regardless of the length of time lived outside the UK to give those most affected by a possible Brexit a vote in the referendum.

British expat fury over EU referendum snub
Not ALL British expats will be able to vote in the EU referendum. Photo: Emmanuel Dunand/AFP

The UK referendum bill published on Thursday failed to guarantee a vote for British expats living abroad beyond the 15-year benchmark, leaving them locked out of a process that could have very real implications on their own future.

OPINION Give us a vote: We've got most to lose if UK quits

In a worst case Brexit scenario, British residents in Spain would have to leave the country and re-apply for citizenship from the Spanish Embassy in the UK, a Spanish immigration lawyer has told The Local.

According to Thursday's referendum bill the simple question on the ballot paper will be “Should the United Kingdom remain a member of the European Union?” Voters will then be asked to answer “Yes” or “No”.

A statement from Downing Street said the vote represented “an important choice about our country’s destiny.”

“It will pave the way for the British people to have their say for the first time in 40 years on our place in the EU,” Downing Street said. 

But the reality is, thousands of Britons who arguably have the most to lose if the “No” camp is triumphant, won't have their say in that choice.

Currently anyone who has been living abroad for 15 years or more is barred from voting in General Elections in Britain and the same rule will apply for the EU referendum, despite the result potentially having a direct impact on expats.

To twist the knife in even further the Conservative government has planned to scrap the 15-year rule at some point during Prime Minister David Cameron’s second term, but they seem unwilling to push this reform through in time for the referendum.

This stance has caused anger among the estimated one million British expats in Spain.

“There are few issues that unite ex-pats of all political colours like the unfairness of the 15-year rule,” Dr David Mathieson, a former UK government advisor living in Spain told The Local.

“Despite having lived happily in Spain for a long time many ex-pats are proud of their citizenship. They could have become Spanish nationals but choose to remain British – it remains an important part of their identity. Yet they are penalized for that choice,” he explained.

“Other countries do not treat their citizens like this – the French, for example, are allowed to vote in French elections wherever they live and for life,” he said.

“The British government should be ashamed of the way in which they treat this important group of British citizens,” Mathieson added.

But some Brits in the UK think it is only fair that those fellow countrymen who have been abroad longer than 15 years cannot vote. Indeed, they would go one step further, suggesting that no British residents abroad should get a vote:

“You have already elected to be a “citizen” of the EU so you should not get to vote on a British matter,” Ivan Burrows wrote on The Local Spain’s Facebook page.

“Those directly affected and living in Great Britain should decide, whether people in the EU want us in or out of the EU is irrelevant,” he added.

But according to Cath Evans, who commented on The Local’s Twitter, Brits across Spain are feeling “disenfranchised…we can’t vote in the 2015 general elections in either Spain or the UK, or the referendum.”

What will happen to Brits in Spain if Britain leaves the EU?

While the fate awaiting the estimated one million British people living in Spain is still unclear, a worst case scenario would mean British residents would have to leave the country and apply for a residency permit from the Spanish Embassy in the UK.

“If the UK leaves the EU, British citizens living in Spain will have to go back to Britain and start the procedure of residency at the Spanish Embassy in the UK, as a non-EU citizen,” Balcella International Lawyers Group, based in Barcelona, told The Local. 

“As a non-EU citizen the process involves much more documentation and a higher proof of economic resources.”

British expats undoubtedly have the most to lose from the referendum, argues David Mathieson:

“British living abroad will probably be more affected by Britain leaving the EU than any other group of citizens in the UK. The common rules of the EU which allow us to all to live and work in each others countries will be torn up. Many of the things which we take for granted will become much more complicated,” he told The Local.

“British people may need to get work permits and be subject to quotas if we are outside the EU. Health care agreements for British people living in Spain will have to be renegotiated and it is possible that expats will need a special health insurance.

“There will be an added bureaucratic burden to everything from buying a house or car to registering kids for school will be more difficult. Anyone who thinks that the famous 'tramites' in Spain are already a bit of a burden just wait – 'you aint seen nothing yet' if Britain is outside the EU‏,” said Mathieson.

British expat Joan Skelton Smith is among the many that fears a Brexit could be very detrimental to her and her husband’s future as well as that of their children and grandchildren.

“No one seems to know what the effects of a Brexit would be on British expats but I like many am concerned about my health care and pension benefits as well as losing my right to vote in UK and EU elections,” she told The Local.

“I am also concerned about what the effects would be for our British children working in the EU and our Swiss son-in-law working in the UK.  I think the world needs more cooperation and less isolationism,” she said.

“The UK government like all nations has a responsibility to protect the interests of all UK citizens not only those currently resident within the UK,” she said.

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TRAVEL NEWS

EES: Could the launch of the Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of the Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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