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BREXIT

Defeat for rights of Britons wanting to return from EU in future

A proposal to protect the family rights of British people in Europe returning to the UK has been voted down in the UK parliament.

Defeat for rights of Britons wanting to return from EU in future
Brits may be 'locked out' of the UK if their EU partner can't meet income requirements. Photo: AFP

While British people who move to live within the EU before December 31st 2020 are protected by the Brexit Withdrawal Agreement, this doesn't cover family reunification rights if they want to return to the UK.

So if British people now living in the EU and married to an EU national want at some point to return to the UK, their EU spouse will be subject to the UK's strict new immigration rules.

READ ALSO What is the Brexit Withdrawal Agreement and does it cover me?

 

These include language and income requirements and mean that some British people face having to make a choice between their family in the UK and their European partner or spouse – those who return to the UK to care for family members for example may struggle to meet income requirements.

The citizens' rights group British in Europe has been supporting 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.

However the amendment was defeated by a vote in the House of Commons on Wednesday.

A spokesman for British in Europe said: “We are of course disappointed by the result, and appreciated the support of all the peers who spoke up for us and especially Baroness Hamwee, who put the arguments so well and the amendment to a vote again.

“Obviously the government recognises the unfairness of this change, otherwise they wouldn’t have agreed to a grace period at all, although a three-year grace period that starts before the rules have changed is a nonsense!

“We simply don’t understand why the rules could not remain unchanged for a finite group of people for a finite and fair period and only for pre-existing family members as we asked.

“But this is also a wider issue about the fairness generally of the minimum income requirement for all those affected and we are very glad that Baroness Hamwee alluded to that too.”

Unlike most new Brexit rules, which come into force at the end of the transition period on January 1st 2020, the new immigration rules for the EU family members of British people living in the EU have a grace period – they will not come into effect until March 2022.

It means that many British people living in the EU, especially those with ageing family members back in the UK, may now need to have serious conversations about where they see their long-term future.

Although the Brexit Withdrawal Agreement gives many guarantees for people to be able to stay in the country they are currently living in, it doesn't cover any onwards moves to another EU country and it in effect 'locks out' many Britons from returning to the UK, unless their EU partners can fit the new immigration criteria.

READ ALSO 'Doors will close for Brits in the EU' – why the UK's immigration proposals sparked alarm

 

 

 

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TRAVEL NEWS

EES: Could the launch of the Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of the Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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