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GIBRALTAR

Spain and UK agree 11th-hour border deal for Gibraltar

Negotiators representing the governments in Madrid, London and Gibraltar have been working around the clock to ink a deal to avoid the creation of a new “hard border” between the tiny British territory and the European Union that would have caused huge disruption for travellers and businesses on both sides of the line.

“We have reached an initial agreement with the United Kingdom which will serve as the foundation for a future treaty between the European Union and the United Kingdom concerning Gibraltar,” Foreign Minister Arancha Gonzalez Laya told reporters in Madrid.

In a separate address, Gibraltar's Chief Minister Fabian Picardo said the deal set the stage for a treaty that would allow for “maximised and unrestricted mobility” of people and goods across the border.

“We're going to avert the worst effects of a hard Brexit,” he said of the deal which was finalised in “the early hours of this morning” describing it as “a proposed framework for a UK-European Union agreement or treaty on Gibraltar's future relationship with the EU”.

The deal was announced a week after Britain reached its own last-minute post-Brexit trade agreement with the EU although it did not cover Gibraltar, a tiny British territory on Spain's southern tip which is historically claimed by Madrid.

The agreement was hailed on Twitter by the Spanish and British prime ministers, with Spain's Pedro Sanchez saying it marked the start of “a new era” that would allow for “the removal of barriers”, while Britain's Boris Johnson “wholeheartedly” welcomed the deal, stressing the UK's commitment to “the protection of the interests of Gibraltar and its British sovereignty.”

Schengen at the border

Under terms of the agreement, Gibraltar would become a part of the Schengen zone with Spain acting as guarantor, Gonzalez Laya said. Schengen covers most of the 27 EU members, along with Norway, Iceland, Switzerland and Lichtenstein.

“With this (agreement), the fence is removed, Schengen is applied to Gibraltar… it allows for the lifting of controls between Gibraltar and Spain,” she said.

“Until the agreement comes into force, we will use the arrangements permitted under Schengen to relax controls at the border,” she said, indicating the UK and the EU were expected to sign the deal “within an estimated six months”.

Picardo said Spain would be responsible for managing the Schengen arrangement which would be implemented by Frontex, the agency charged with protecting the EU's external borders. “This will be managed by the introduction of a Frontex operation for the control of entry and exit points,” he said. The arrangement will be in place for an initial four-year period.

A desire to keep things flowing smoothly at the border explains why in 2016 nearly 96 percent of voters in Gibraltar backed staying in the EU, while in Britain proper the referendum vote was 52-48 percent in favour of leaving the bloc.

With a land area of just 6.8-square kilometres (2.6-square miles), Gibraltar is entirely dependent on imports to supply its 34,000 residents, a no-deal scenario would have slowed the cross-border movement of goods with new customs procedures.

Border fluidity is also key for some 15,000 people who cross into Gibraltar every day to work, accounting for half of the territory's workforce. Most are Spanish and live in the impoverished neighbouring area of La Linea.

'Good news' for workers

At the border, few workers had heard about the agreement but expressed relief a deal had been reached.

Ada Vazquez, a 32-year-old single mother who has been crossing the border to work for the past 14 years, told AFP it was “good news”. “This agreement is a relief for us,” said Vazquez who works in a chocolate shop. “I was afraid there would be long queues.”

Gibraltar also welcomes around 10 million visitors per year, mainly day-trippers who cross from Spain, drawn in part by the duty-free shopping.

For years, EU residents have only had to show their national identity documents at the border. Had there been no deal, they would have had to have their passports stamped sparking fears of long queues “lasting hours”.

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BREXIT

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

The EU has drawn up plans to make it easier for non-EU citizens to gain longterm EU residency so they can move more easily around the bloc, but Italy-based citizens' rights campaigner Clarissa Killwick says Brits who moved to the EU before Brexit are already losing out.

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

With all the talk about the EU long-term residency permit and the proposed improvements there is no mention that UK citizens who are Withdrawal Agreement “beneficiaries” are currently being left out in the cold.

The European Commission has stated that we can hold multiple statuses including the EU long-term permit (Under a little-known EU law, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years) but in reality it is just not happening.

This effectively leaves Brits locked into their host countries while other third country nationals can enjoy some mobility rights. As yet, in Italy, it is literally a question of the computer saying no if someone tries to apply.

The lack of access to the EU long-term permit to pre-Brexit Brits is an EU-wide issue and has been flagged up to the European Commission but progress is very slow.

READ ALSO: EU government settle on rules for how non-EU citizens could move around Europe

My guess is that few UK nationals who already have permanent residency status under the Withdrawal Agreement are even aware of the extra mobility rights they could have with the EU long-term residency permit – or do not even realise they are two different things.

Perhaps there won’t be very large numbers clamouring for it but it is nothing short of discrimination not to make it accessible to British people who’ve built their lives in the EU.

They may have lost their status as EU citizens but nothing has changed concerning the contributions they make, both economically and socially.

An example of how Withdrawal Agreement Brits in Italy are losing out

My son, who has lived almost his whole life here, wanted to study in the Netherlands to improve his employment prospects.

Dutch universities grant home fees rather than international fees to holders of an EU long-term permit. The difference in fees for a Master’s, for example, is an eye-watering €18,000. He went through the application process, collecting the requisite documents, making the payments and waited many months for an appointment at the “questura”, (local immigration office).

On the day, it took some persuading before they agreed he should be able to apply but then the whole thing was stymied because the national computer system would not accept a UK national. I am in no doubt, incidentally, that had he been successful he would have had to hand in his WA  “carta di soggiorno”.

This was back in February 2022 and nothing has budged since then. In the meantime, it is a question of pay up or give up for any students in the same boat as my son. There is, in fact, a very high take up of the EU long-term permit in Italy so my son’s non-EU contemporaries do not face this barrier.

Long-term permit: The EU’s plan to make freedom of movement easier for non- EU nationals 

Completing his studies was stalled by a year until finally his Italian citizenship came through after waiting over 5 years.  I also meet working adults in Italy with the EU long-term permit who use it for work purposes, such as in Belgium and Germany, and for family reunification.  

Withdrawal agreement card should double up as EU long-term residency permit

A statement that Withdrawal Agreement beneficiaries should be able to hold multiple statuses is not that easy to find. You have to scroll quite far down the page on the European Commission’s website to find a link to an explanatory document. It has been languishing there since March 2022 but so far not proved very useful.

It has been pointed out to the Commission that the document needs to be multilingual not just in English and “branded” as an official communication from the Commission so it can be used as a stand-alone. But having an official document you can wave at the immigration authorities is going to get you nowhere if Member State governments haven’t acknowledged that WA beneficiaries can hold multiple statuses and issue clear guidance and make sure systems are modified accordingly.

I can appreciate this is no mean feat in countries where they do not usually allow multiple statuses or, even if they do, issue more than one residency card. Of course, other statuses we should be able to hold are not confined to EU long-term residency, they should include the EU Blue Card, dual nationality, family member of an EU citizen…

Personally, I do think people should be up in arms about this. The UK and EU negotiated an agreement which not only removed our freedom of movement as EU citizens, it also failed to automatically give us equal mobility rights to other third country nationals. We are now neither one thing nor the other.

It would seem the only favour the Withdrawal Agreement did us was we didn’t have to go out and come back in again! Brits who follow us, fortunate enough to get a visa, may well pip us at the post being able to apply for EU long-term residency as clearly defined non-EU citizens.

I have been bringing this issue to the attention of the embassy in Rome, FCDO and the European Commission for three years now. I hope we will see some movement soon.

Finally, there should be no dragging of heels assuming we will all take citizenship of our host countries. Actually, we shouldn’t have to, my son was fortunate, even though it took a long time. Others may not meet the requirements or wish to give up their UK citizenship in countries which do not permit dual nationality.  

Bureaucratic challenges may seem almost insurmountable but why not simply allow our Withdrawal Agreement permanent card to double up as the EU long-term residency permit.

Clarissa Killwick,

Since 2016, Clarissa has been a citizens’ rights campaigner and advocate with the pan-European group, Brexpats – Hear Our Voice.
She is co-founder and co-admin of the FB group in Italy, Beyond Brexit – UK citizens in Italy.

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