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BREXIT

OPINION: Nobody should be forced to choose between family in the UK or in Spain

Sue Wilson analyzes the UK's controversial Immigration Bill and why it's important for Brits in Spain.

OPINION: Nobody should be forced to choose between family in the UK or in Spain
Tyler Nix on Unsplash

The British government has recently faced a string of defeats in the House of Lords over its controversial Immigration Bill.

Against the backdrop of the Conservative Party conference, and some toxic anti-asylum-seeker rhetoric from Home Secretary, Priti Patel, members of the House of Lords emphatically voted against the government’s plans.

The five government defeats largely concerned amendments about the rights of immigrants in the UK. Not least the Dubbs amendment, aimed to protect the rights of unaccompanied child refugees. However, the Lords are also concerned with the rights of British citizens living in the EU.

For people protected by the Withdrawal Agreement, the Lords propose provisions for UK citizens “to return to the United Kingdom accompanied by, or to be joined in the United Kingdom by, close family members”.

Peers also backed not placing financial restrictions on Brits returning to the UK with their EU families from March 2022. 

For those residing in the EU, the issue of being separated from close family members is important.

While many people intend to spend their whole lives in Spain, our personal circumstances or plans can easily change. This is highly relevant for people with family in two or more countries.

How can anyone choose between a dependent in the UK and one in Spain? Nobody should be forced to make that decision.

Thanks to Brexit, we must adjust to a new normality. It rubs salt in our wounds that the EU is more willing to protect our rights – including freedom of movement – than the British government has ever been.

When the Brexit talks started, our freedom of movement was on the negotiating table. It did not remain there for long, once prime minister, Theresa May, insisted on her red lines. To ensure that EU citizens’ rights in the UK were restricted, the rights of UK citizens in the EU became collateral damage in the negotiations.

During her time as Home Secretary, May was renowned for the “hostile environment” towards immigrants and the controversial “go home” vans.

Anti-immigration feeling already existed in the UK, but it reached new heights during the Brexit campaign. It still prevails at the Conservative party conference, with workers who protect the human rights of asylum seekers being insultingly labelled “do-gooders” and “leftie lawyers”

.We don’t have empirical evidence to suggest that most of the British public is anti-immigrant. Indeed, industry – not least the NHS and care sector – has called for a more flexible approach to EU immigration. Recent speeches by the government, and the Immigration Bill itself, have done nothing to suggest their opinion on immigration has softened.

What comes next regarding the controversial Immigration Bill, and does the position of the House of Lords make any difference? While the Lords don’t make law, their strong opposition to any proposed government plans can impact a bill passing through parliament.

When the Immigration Bill returns to the House of Commons, MPs will debate the Lords’ amendments. Consequently, some MPs may be persuaded to soften their stance. At the very least, the Lords have raised the key issues to public and media scrutiny, as well as slowing the process of the bill passing into law.

As has been proved recently by other notable U-turns, the British government is willing to change its plans to avoid any humiliating defeat in the House of Commons. We must hope that the opinions of the Lords have filtered down to wavering MPs.

It might help the cause if you email your own MP and request a show of compassion for immigrant families in the UK and in the EU.

By Sue Wilson – Chair of Bremain in Spain

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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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