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BREXIT

Key victory for family rights of Britons returning to the UK from EU

Citizens rights group were celebrating on Monday after the House of Lords - the upper house of the UK parliament - voted in favour of maintaining the family reunification rights of Britons who move back to the UK from the EU.

Key victory for family rights of Britons returning to the UK from EU
Tyler Nix on Unsplash

Members of the House of Lords voted in favour of an amendment to the immigration bill that would allow Britons established in the EU before the end of the Brexit transition period to maintain the right to return to the UK with their European family members without them being subject to strict immigration rules and means tests.

Currently the law for Britons living in the EU is that they will be to bring non-British family members, including children, partners, parents and grandparents if they return to the UK before the end of March 2022.

Standard immigration rules will then apply to relatives brought in after the cut-off date meaning they would be subject to strict immigration rules, visa obligations and financial means tests.

The vote in the Lords was delayed from last week and came after hundreds of UK citizens living in the European Economic Area and Switzerland wrote to peers over recent weeks to explain what it would mean to them and their families if they were unable to return to live in the UK with our non-UK partners after March 2022.

The campaign group British in Europe reacted to the vote saying: “Peers heard our voices, took notice of our concerns, and voted to keep families together, and we are immensely thankful to them for doing so.”

However the ball is now in the hands of PM Boris Johnson's government who must decide whether to accept the amendment as part of the new law when the bill returns to the lower House of Commons.

British in Europe have long complained that the Brexit Withdrawal Agreement in fact locks many Britons out of the UK because they would not be able to return home with their non-British partners in the future.

Those who return to care for family members for example won't be able to reach the minimum income requirements currently in place.

“Elderly parents will not have carers, siblings will not have support and non-British parents will be separated from their British children,” British in Europe said.

“Nobody voted for British citizens to lose this right to return with our families. During the Referendum, Vote Leave and the current Prime Minister promised us that our rights would not be adversely affected by Brexit.

“But this Government’s planned changes to the immigration rules remove this most fundamental of rights. Thanks to this afternoon’s vote, the Government has another opportunity to make good on part of its pre-Brexit promises to 1.2 million UK citizens living in the EEA and Switzerland.

“We are a finite group of people asking only that our rights should not be taken away from us.

“Our amendment covers only those UK citizens in the EEA/Switzerland who fall within scope of the withdrawal agreements and who have existing non-British close family members at the end of 2020.

“Most of us will probably not leave the countries where we have made a home, but what we are asking for is the right to do so with our families if necessary. Is that too much for British citizens to ask of a British Government?”
 

 

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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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