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BREXIT

Brexit calendar: What are the future key dates for Brits in Spain?

A key Brexit date is looming at the end of the year, but for British people in Spain, there are some other important dates to be aware of in the coming months.

Brexit calendar: What are the future key dates for Brits in Spain?
Photo: AFP

December 31st, 2020

The transition period that has been in place since Britain left the EU on January 31st 2020 – and kept most things the same – comes to an end on December 31st.

Freedom of movement ends

This date marks the last day that British nationals can take advantage of freedom of movement. They must be resident in Spain if they wish to take advantage of the more generous provisions of the Withdrawal Agreement, which guarantees right to residency, work and life-long health cover.

And if they are resident in Spain by the end of the year, moving elsewhere in Europe after December 31st won't be as easy because onward freedom of movement comes to an end at the stroke of midnight.

Deadline for residency

Under terms ratified in the Brexit Withdrawal Agreement the rights of British citizens to live in Spain are guaranteed as long as you are resident in Spain by December 31st 2020.

The long standing message from British and Spanish authorities alike is to start the process to register as a resident as soon as you can but as the end of the transition period draws closer and thanks to complications resulting from coronavirus pandemic and a last minute rush from Brits in Spain, it has become increasingly difficult to secure an appointment with extranjeria offices.

This is required in order to register for the new TIE card for British nationals resident in Spain, the biometric card which replaces the former green residency certificates.

So what if you haven't been able to register as a legal resident when the deadline comes?

The British Embassy says not to panic. “Whilst you should continue to try and get an appointment, your rights as UK nationals in Spain are guaranteed not by possession of the residence document itself but by being legally resident in Spain before the end of the transition period,” explained Lorna Geddie, regional consular policy advisor at the British Embassy in Madrid in a recent Facebook video.

This means collecting documents to show that you were living in Spain by December 31 and taking screenshots to prove that you had tried persistently to get appointments.

For more about how to do this read the following articles:

No deadline for swapping green residency certificate for new TIE

If you were already a legal resident in Spain before July 2020 and had been issued with a green certificate as a citizen of an EU country (either the older version green A4 paper or the credit card sized certificate) then your rights to remain in Spain are guaranteed and there is no need to swap that green piece of paper for the TIE.

However, there are advantages to doing so and many long term residences have already completed the swap but there is no deadline to do so and Spanish authorities insist that it can be done at any time in the future.

READ MORE HERE: When should British residents in Spain get a TIE?

 

Deadline for EHIC cards 

British students and pensioners who are S1 holders living in the EU can continue to use the EHIC (European Health Insurance Cards) after Brexit when they return to the UK.

But their current cards are only valid until December 31st, 2020 after that date new cards are needed.

S1 holders and students living in Spain are encouraged to apply for a new EHIC card if they are due to travel to the UK in the New Year. And indeed anyone who is a resident in Spain and isn’t yet in possession of an EHIC card should apply. More info HERE.

January 1st, 2020

This is the big one, the first day that the UK emerges into the world without any formal ties to the EU (apart from possibly a trade deal, if one is agreed in time).

It marks a lot of changes for tourists and second home owners in Spain, both for travel and the rules on length of stay.

January 1st also marks the day when UK passports will no longer be accepted for travel within the EU if they have less than 6 months until their expiry date – so check your passport and renew if necessary.

The New Year and the end of the Brexit Transition Period could also see travellers from the UKincluded in the EU's ban on non-essential travel so those returning to Spain after Christmas in the UK have been advised to carry proof of residency in Spain to ensure a smooth return in the New Year. READ MORE HERE

December 30th, 2020: Deadline to have started process of driving licence exchange


Photo by takahiro taguchi on Unsplash

British citizens who have a UK or Northern Ireland issued driving licence have until December 30to start the process to swap it for a Spanish one.

This involves submitting the application, either online or by phone (using the number 060) to allow Spain’s traffic authority, the DGT, to verify your UK licence with DVLA before the end of the transition period.

Those who start the process before this key date will then have to complete the process by making an appointment (Cita previa) with the DGT within the first six months of 2021.

Under the current rules if you fail to start the process and get in the system by December 30th then you will have to take a Spanish driving test in order to qualify for the licence.  

For full details on how to swap your driving licence, click HERE

June 30th driving licence exchange deadline

If you submitted your application before 30 December, and the DGT has verified your licence by the end of 2020, your DGT appointment to exchange your licence can be after 1 January 2021. It must, however, be before 30 June 2021

This gives you six months to try and secure one of the elusive appointments at the DGT.

If you failed to start the process by December 30 or moved to Spain after this date then you will no longer be able to exchange your British licence and will have to take a Spanish driving licence.

Q&A: How to pass Spain's driving test and get a Spanish licence

October 1st, 2021

Identity cards invalid

This also marks the date when Spanis or other EU national identity cards will no longer be valid to enter the UK.

This doesn't directly affect British people, but if you are travelling to the UK with a Spanish friend or family member, remind them that they will need a passport after this date and not a national ID card.

March 2022

Moving back home with family

This is the final date when British nationals can move back to the UK with a European partner or spouse without them having to meet tough new criteria on income, skills and English language level.

After this date any EU citizen must meet strict immigration criteria including a minimum income level – and having a British spouse will not affect this.

Have we missed any key Brexit dates? Please email us [email protected]

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TRAVEL NEWS

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

After being postponed several times already Europe's new biometric Entry/Exit 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 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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