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OPINION: Now it’s time for under-the-radar Brits in Spain to become official residents

Tens, if not hundreds of thousands of Brits in Spain will soon be applying for the new Tarjeta de Identidad de Extranjero (TIE). For the time being at least, I will not be one of them, writes Sue Wilson from the Bremain in Spain group.

Published: 15 July 2020 12:18 CEST
OPINION: Now it's time for under-the-radar Brits in Spain to become official residents
AFP

Don’t get me wrong – I think the new identity card is a great idea, and there are benefits over my existing, and rather ragged, green residencia certificate.

Since I moved to Spain in 2007, I’ve never left home without my passport. Although I have photo ID in the form of my Spanish driving licence, I’m a belt and braces kind of gal, and old habits die hard. Having a new photo ID card will finally make me leave my passport at home – in theory at least!

The TIE won’t provide any additional rights to those we enjoy as legal residents.  It does prove our entitlement to those rights protected by the Withdrawal Agreement (WA), but the old, green residencia certificate does the same. However, the new card will specifically state (i.e. printed on it) the protection of WA rights.

Legally resident Brits are under no obligation to swap their existing green certificate or card for the TIE, as our existing documentation will remain legally valid, even after the transition period. 

The British Embassy in Madrid has liaised with Spanish authorities and British citizen groups across Spain over this matter. Considerable debate has surrounded the TIE and the implications for non-resident Brits. Although it has recently been impossible to meet the Ambassador or embassy staff in person, because of Covid, our virtual meetings have continued. The Embassy are also keen to engage directly with British citizens, legal or otherwise, via their Facebook group, including live Q&A events.

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Using funds provided by the British government, several organisations are providing support to British citizens in the most populated regions of Spain. These groups will focus on helping the most vulnerable people navigate the residency application process.

The number of British citizens legally resident in Spain has hovered over the 300,000 mark for some time, although the figure is now rising because of Brexit. The total number, including those living under the radar, is estimated at up to one million. Even if that is an over-estimate, the Spanish authorities will certainly be handling applications from hundreds of thousands of British citizens.

The two-step process for those who are not currently legally resident involves the immigration office and the national police and can take many weeks. To qualify for the important benefits conferred by the WA, such as healthcare and pensions protection, the non-residents will be mindful of the transition period ending on 31 December 2020. 

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That so many Brits aren’t legally registered has always remained controversial amongst the legal British community.

The reasons for failing to complete the process are many and varied. It might be a simple case of failing to understand the requirements, finding the process daunting, or simply not getting around to it. For others, it may have been due to financial concerns, or even a deliberate attempt to avoid paying Spanish taxes. While legal residents may sympathise with the lazy or confused, we are less sympathetic to those who are knowingly abusing the system, at the expense of our hosts.

Unlike in other countries, such as the UK or France, we are fortunate that Spain has chosen a simple system to ensure our rights after transition ends. As legal residents, we don’t have to fear rejection, as our status will not change. The most we will need do, if we so choose, is to swap our existing documentation for the new card, with the WA protections stated on it.

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Much as I look forward to receiving my new TIE card eventually, I’m going to sit back and let those hundreds of thousands of non-residents take priority first. No doubt, we’ll see massive queues, huge demand for appointments and teething problems, as with any new system. My thoughts are with the Spanish authorities – having to deal with so many people in a limited time period, and with language barriers to overcome.

It is a positive move that under-the-radar Brits – even those evading Spanish taxes – are now doing the right thing. If all the legal residents wanting to swap for a TIE join me at the back of the queue, Spain will receive the missing taxes they are due as soon as possible. That can only be good for all of us.

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EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

Published: 7 May 2024 10:29 CEST
How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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