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BREXIT

No-deal Brexit: Brits in Europe furious over EU’s new contingency plan

The European Commission published its contingency plans for a no-deal Brexit on Wednesday and asked member states to take a "generous approach" to securing the rights of UK citizens living in their countries.

No-deal Brexit: Brits in Europe furious over EU's new contingency plan
Photo: AFP

The EU Commission, just like the British government, is ramping up its preparations for the growing possibility that Britain could crash out of the EU without a deal.

Although a Withdrawal Deal has been agreed between London and Brussels it still appears unlikely that British Prime Minister Theresa May will have enough backing in the UK parliament to ratify the agreement.

MPs are not set to vote on the deal until January which means both sides are rapidly stepping up their contingency plans for a no-deal, an event both Brussels and London are still keen to avoid.

On the crucial subject of citizens rights the Commission has decided not to take action as a bloc but instead urge individual EU countries to take steps that would allow UK citizens to stay and give them time to apply for the relevant visa.

But campaigners for Britons in Europe say the EU's decision to leave the issue of citizens rights up to individual countries shows that the millions of EU citizens in the UK and the one million Brits in Europe have been “abandoned”.

'The UK will leave the EU in 100 days time'

They are particularly angry that Brits in the EU will not benefit from any transition period if there's a no-deal.

Jane Golding, Co-Chair of British in Europe said: ‘We are appalled to learn that, while aviation and financial services merit an extension of current agreements in the case of no deal, people do not.

“This means that there will be no soft landing for over 1.2 million British nationals living on the continent who will have to adjust to life as third-country nationals overnight once all their EU rights have been stripped from them.”

The EU Commission said on Wednesday: “The United Kingdom will leave the European Union in 100 days’ time.

“Given the continued uncertainty in the UK surrounding the ratification of the Withdrawal Agreement, as agreed between the EU and the UK on 25 November 2018 – and last week’s call by the European Council (Article 50) to intensify preparedness work at all levels and for all outcomes – the European Commission has today started implementing its “no-deal” Contingency Action Plan.”

“Today’s Communication invites Member States to take a generous approach to the rights of UK citizens in the EU, provided that this approach is reciprocated by the UK,” read a statement.

“In particular, Member States should take measures to ensure that UK citizens legally residing in the EU on the date of withdrawal will continue to be considered legal residents. Member States should adopt a pragmatic approach to granting temporary 2 residence status.

“It is recalled that the Commission has already adopted a proposal for a Regulation which exempts UK nationals from visa requirements, provided that all EU citizens are equally exempt from UK visa requirements.

“As regards social security coordination, the Commission considers it necessary that Member States take all possible steps to ensure legal certainty and to protect the rights acquired by EU27 citizens and UK nationals who exercised their right to free movement before 30 March 2019.”

The Commission also released a Q&A that covered the issue of citizens' rights.

It says EU countries should “stand ready to issue residence permits to UK nationals” and “take all measures to be able to issue those permits by the withdrawal date and to process applications for definitive residence permits by the end of 2019.”

Reacting to the plan British in Europe's Jane Golding added: “In practical terms with only 100 days to go, the Commission is merely asking the EU 27 to make sure we can still be considered legally resident on 30 March 2019 and stand ready to issue documents to provide evidence of that.

“This will be a massive and overwhelming task in some countries. After that, the EU 27 would then be asked to process applications for permanent third country national documents by the end of 2019.”

'Anxiety levels rising'

Golding said the Commission's plan was proof that British citizens will have to fend for themselves if there is a no-deal.

“With the spectre of no deal rising again, so are people’s anxiety levels and it is wrong that citizens’ rights were not guaranteed at the outset,” she said.

“Now British citizens have a been given a clear message that if there is no deal they are on their own, abandoned by the UK government and the EU. This is a far cry from the negotiators’ promises that we would be able to live our lives as before.”


Photo: AFP

Kalba Meadows from the Remain in France Together (RIFT) told The Local: “They're kicking the entire citizens' rights can across to individual member states, which is going to lead to widespread differences in treatment of British people living in different countries because residence rights for third country nationals is a mixture of shared and national competence.

“When the negotiations began, citizens' were the “first priority” for the Commission. Now we're just 'a' priority, and not a very high one at that.

“The only light in the tunnel is that France is well ahead with its own no deal contingency planning and has shown itself to be genuinely concerned to protect the rights of British residents, although obviously that is contingent on the UK's treatment of French citizens living there.

“All of this shows why a ring fenced citizens' rights agreement is so desperately important.”

Local Europe has reported in recent weeks the preparations certain EU countries are making for a no-deal Brexit.

In France French MPs have just voted through a bill that will allow the government to take emergency measures that would effectively allow Britons already in France to continue to stand work or be retired.

A similar move has been taken in Germany  and Sweden has also been stepping up its own contingency measures to prepare for a no-deal.

Member comments

  1. Calm down, this hysteria just frightens people. There is not going to be mass deportation of Brits from EU Member States. Yes, things are going to change, possibly to what existed before FOM and we will have to ‘regularise’ our status. But we still lived easily then and we will continue do so after next March.
    Don’t get caught up in politicians’ silly mind games!

  2. Two wise and helpful comments – there is too much synthetic anger around all this and it frightens the more nervous of the horses!

  3. Most things maybe..but where are the guarantees from April 2019 for our continued CPAM cover and therefore our mutuel? Fully private healthcare is impossibly expensive and would make life impossible.

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For members

RESIDENCY PERMITS

Why is it so hard to get an appointment at some of Spain’s foreigner offices?

One of the reasons Brits in Spain say they haven't got a TIE residency card yet is the apparent impossibility of getting an appointment at their local extranjería office or police station. So is there any truth to this?

Why is it so hard to get an appointment at some of Spain's foreigner offices?

Anyone who has tried to do anything official in Spain will be well aware of the dreaded cita previa system, whereby they must first make an appointment.

For foreign residents, this is not a simple task. It’s not just a question of simply making an appointment as more often than not, there aren’t any available.

And it’s not like you can just log-on a day later and find more. Many people spend weeks or even months trying to make these appointments, so they can carry out mandatory bureaucratic procedures.

These appointments are needed for everything from applying for or renewing your TIE if you’re non-EU to getting your EU green residency card. They’re needed again when going in for fingerprinting or even just trying to pick up your card once it’s ready.

Earlier this week, the British Embassy in Madrid stressed that it’s “really important” that the 200,000+ UK nationals in Spain with a green residency certificate exchange it for a TIE card “as soon as possible” to avoid issues with the EU’s new Entry-Exit System. 

READ ALSO – ‘Get the TIE now’: Brits in Spain urged to exchange residency document

The problem is that the exchange has never been made compulsory, only strongly encouraged and around half of British residents in Spain still haven’t gotten their TIE after Brexit.

In reaction to the announcement by the British Embassy, numerous British residents in Spain commented how hard it is get an appointment at their local police station or extranjería (foreign affairs) office.

Could the difficulty in getting an appointment be one of the reasons to blame for this?

So why are these cita previas so coveted and why are they so difficult to get?

Unfortunately, it’s not just a question of simple Spanish bureaucracy. There’s something slightly more sinister going on here. The fact of the matter is that if you go to certain relocation companies, firms and agencies they can get you an appointment straightaway – if you pay for it.

A year ago in May 2023, Spain arrested 69 people for blocking appointments at immigration offices. They were accused of booking up all the available appointments via a computer bot to later sell to foreigners to make a profit, despite the fact that this process should be free.

Arrests were carried out in Madrid, Albacete, Alicante, Almería, Badajoz, Barcelona, ​​Vizcaya, Burgos, Cádiz, Córdoba, the Balearic Islands, Marbella, Murcia, Tarragona, Tenerife, Toledo and Valencia, which gives us an idea of how widespread the illegal practice is.

Although Spanish police managed to dismantle this particular ring of criminals, it did not solve the problem.

Just seven months later in December 2023, ONG Movimiento Por la Paz (MPDL) confirmed to Levante news in Valencia that the ministry’s network had been hacked for two years and that it was unfair to foreigners who were being discriminated against because of it. 

They also claimed that the police and foreign ministry knew about the problem and still let it happen. 

Vincente Marín, CEO and lawyer for Parainmigrantes website aimed at foreign residents and those wanting Spanish nationality, confirmed this in a video he posted on the site.

He explained that bots hack into the system and that whenever appointments become available, they can book them up in seconds and then sell them on the black market for between €100 and €200, admitting it was a big problem for his firm too.

The initial screen of the appointment page (cita previa) on Spain’s extranjería website, and where many foreigners find it impossible to book residency official processes.

Fast forward to February 2024 and a group of lawyers and gestores from Castellón and Valencia denounced the system, saying that it was “controlled by criminal mafias”. They also cited the problem of bots hacking the system and complained that some of their clients still hadn’t been able to get appointments in five or six months.

In May of this year, the issue is still ongoing. Balearic news site Ultima Hora reported several readers who had been trying to get appointments for months in Mallorca and had been unsuccessful.

One has to get an appointment before her residency card runs out in June and was even considering paying an agency who were asking for €200 to help her get one.

Wherever there’s a sizable population of foreigners, from Barcelona to Valencia, the extranjería website has generally been ‘hacked by bots’.

In order to improve the situation more national police have been called in to work at the Immigration Office in Orihuela (Alicante) because of the number of foreigners living in the area. The police there have confirmed that they have allocated more resources for the issuance of documents too, to try and speed up processes. 

If you’re trying for an appointment the best option is to aim to not pay for one if you can help it, as you’re only fuelling the problem.

Reputable law firms may still be able to help you get one by dedicating more resources to applying for them manually, but you shouldn’t have to pay over the odds for what should be a free service. 

Here are our tips on how to get a cita previa when it seems impossible. 

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