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OPINION: Yes, second-home owners in Spain should be furious about the post-Brexit 90-day rule

Yes second-home owners in Spain and frequent visitors should be furious, but don't blame the EU for the "new" post-Brexit travel rules, writes Sue Wilson of Bremain in Spain.

OPINION: Yes, second-home owners in Spain should be furious about the post-Brexit 90-day rule
Second home owners in Spain will be limited to 90 days. Photo: Elektra Klimi/Unsplash

If you’re a British “expat” who follows the UK press, you’re presumably “furious” about the “EU’s new post-Brexit travel rules”, which ban you from spending more than three months in your European holiday home from January 2021. At least, that’s what the ‘Daily Mail’ suggests. In that particular publication, a bit of outrage and EU-bashing never go amiss.

Personally, I hate the term “expat”, as it confers an unwarranted and unwelcome status on to Brits. We are immigrants – no better or different to EU citizens living and working in the UK. I understand, however, that journalists use the term as shorthand for “British citizens living abroad”, which is a bit of a mouthful.

I’m not disputing that “expat” second-home owners are furious. I expect they are also worried, confused and saddened by the “news”. After all, there’s ample cause for concern.

However, the changes to our rights aren’t down to “new post-Brexit travel rules”. Yes, this is a result of Brexit but, no, it’s not new. The same rules have always applied to non-EU citizens, moving around as third country nationals.

We were fortunate to enjoy special rights that waived this rule. Brexit takes those benefits away. Countries that aren’t members of the EU club cannot expect exclusive membership rewards. Without the EU changing anything, Britain has chosen to put itself in a different category.

The ‘Daily Mail’ says that a 90-day stay means anyone visiting any EU country cannot return for a further three months.  It’s actually worse than that, as the rule doesn’t apply to just one country, but the entire EU bloc. 

So, once a 90-day allowance in a 180-day period has been spent, you cannot return to your holiday home in Spain, France, or travel anywhere in the EU.

Say goodbye to that romantic weekend break to Rome or Paris. While you can enter the Schengen area more than once in the 90 days, official guidance from the EU says “you must carefully calculate your days of stay as the overall period of stay must not exceed the overall total of 90 days of stay within any 180-days period”.


Photo: AFP

 

Hard luck on the “swallows” that like to spend all winter in the Spanish sun. They will find themselves returning to cold Britannia sooner than intended.

The ramifications of overstaying in Europe could be serious. Post-Brexit, British passports will be scanned on arrival and departure. Anyone caught “illegally present”, staying longer than permitted, risks an “over-stay flag” on their passport. This could lead to a fine, difficulties applying for any future visa, or even a re-entry ban.

As more details emerge re our lost rights, blame has frequently been levelled at the “vindictive” EU.  Spin abounds concerning “rules brought in to punish the Brits” when, really, it is standard third country national rules being applied.

The Leave campaign sold the lie that “nothing would change”, and many Brits assumed the UK could negotiate the parts of EU membership it liked and ditch the rest. Compliance with third country national rules didn’t register on voter consciousness. To allow British citizens special rights after Brexit would be unfair to other third countries – and in many cases, illegal.

Anger exists at the dawning realisation of what we will lose. For some people, late awareness has been a real shock. For those of us that have been pointing all this out for the last four years, it is incredibly frustrating.  We’ve been accused of “project fear” and told repeatedly that Brexiters knew what they were voting for. I’m not sure that was ever true, but they’re getting the idea now!

Why any British citizens living in Spain – under or over the radar – voted for Brexit is still difficult for me to fathom. It’s hard to think of a better definition of “turkeys voting for Christmas”.

I have some sympathy for second-home owners who are “furious” about the effect of Brexit on their lives. I empathise with anyone who stands to lose something they value, for no good reason and through no fault of their own.

However, those with second homes will merely have their European visits cut short. Brits in the UK on lower incomes may be deprived of their European visits altogether, and that could mean us seeing less of our families.

Regardless of your financial status, Brexit will make us all poorer, and that’s not the EU’s fault. No, it is entirely the fault of the charlatans who sold the British public a lie. Perhaps ‘Daily Mail’ editors and readers could be “furious” about that instead.

By Sue Wilson – Chair of Bremain in Spain

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Member comments

  1. Nicely explained Sue! Hopefully people will read this and stop blaming Spain or the EU or anybody other than the Tory government and those who voted for them!

  2. Is the ‘Daily Mail’ correct in stating that a 90-day stay means anyone
    visiting any EU country cannot return for a further three months?
    Although the rule doesn’t apply to just one country, does it apply
    to the ENTIRE EU bloc or just the Schengen zone?

    The example is Ireland. Many people will spend over 180 days a year
    in each of UK and Irish republic. Will days in the republic count
    against allowed days in Spain or vice versa? Obviously not – as there
    is no mechanism to monitor cross-border transits in Ireland. However
    this would seem to counter the assertion that the 180-day limit applies
    to “visiting any EU country”

    Is there official clarification on this?

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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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