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BREXIT

Brits welcome Spain’s No-Deal Brexit contingency law

A new Royal Decree announced by Pedro Sanchez’s government on Friday has come as a huge relief to those Brits worried that a hard deal Brexit would jeopardize their rights to live in Spain.

Brits welcome Spain’s No-Deal Brexit contingency law
Photo: Aliced/Depositphotos

It should particularly reassure then tens of thousands of British pensioners who retired to Spain and who rely on access to local hospitals and doctors.

Campaigners who have been fighting to protect the rights of European citizens post-Brexit described the new law as “positive”.

READ MORE: Spain guarantees residency for 400,000 Brits even with Hard Brexit

“EuroCitizens welcomes the publication of the Royal Decree today by the Spanish Government, which will clarify the situation of the 314,000 Britons in a no-deal scenario,” the organization's chair, Michael Harris told The Local.

“We will analyse the text in depth to see the implications for different groups of UK residents. Next week, we are having a meeting with civil servants from various Spanish ministries and we will follow up on any queries that might arise.”

Meanwhile, Sue Wilson, chair of Bremain in Spain, said a lot of their members would be sleeping better as a result of the Royal Decree.

“This news will provide great relief for those that have been living in limbo for so long. A no-deal Brexit is the worst case scenario, and the outcome that Brits in Spain fear the most,” she said.

“To know that the Spanish government has our backs and has plans in place to protect us in every eventuality, will allow many to sleep better tonight.

“Whilst I still believe that a no-deal Brexit can't happen, we're grateful that every contingency has been covered. We only wish our British government were as keen to protect our rights and freedoms as the Spanish government obviously are,” she said.

But some feared that the law could stall and they could yet be deprived of the rights they currently enjoy as residents in Spain, if the UK failed to offer Spaniards resident in UK the same deal.

“It is dependent on UK making reciprocal measures for Spaniards in the UK. Thus far from a done deal,” one reader commented on The Local Spain’s Facebook page.

But as the UK has already reached an agreement with the European Union on citizens’ rights, the reciprocity issue seems unproblematic.

One commentator pointed out that the whole agreement could be derailed very easily.

“We are already seeing stories of EU citizens many years resident in UK married working with British grandchildren being refused settled status. There only needs to be one Spanish case and this all falls apart,” said a member of Bremain in Spain on their website. 

Others felt that although the Royal Decree had brought a reprieve, it might just kick the problem down the line.

The royal decree talks about a transition period lasting until December 312020, and some are concerned this means that rights will only be ring-fenced until then.

“This isvery worrying as it means we will carry on having sleepless nights about eventually having to buy private healthcare when we will all be older, it will be more expensive and we will maybe have pre-existing conditions that won’t be covered,” wrote one anxious reader.  

“This only moves the problem down the road in the event of a no deal.”

OPINION: Remainers must forgive fellow Brits in Spain who fell for the Brexit lie

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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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