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BREXIT: When is the deadline for Brits to apply for residency in Spain? 

Until when do Britons who were living in Spain before 2021 have to apply to become residents? The UK Embassy told The Local what the law states. 

Published: 24 March 2021 17:18 CET
BREXIT: When is the deadline for Brits to apply for residency in Spain? 
Photos: Jose Jordan/AFP, Camilo Rueda López/Flickr

With the first 90 out of 180-day deadline for non-resident Britons fast approaching – March 31st – many UK nationals who were living in Spain before January 1st 2021 are wondering when the deadline for registering as Spanish residents is. 

It’s true that in many cases unregistered Britons should have started the application process with plenty more time in hand, but there are numerous setbacks those who have wanted to register in recent months have faced. 

These include Spain’s travel ban on UK arrivals (due to be lifted on March 30th), Covid restrictions that have meant some Spanish immigration departments are operating with a skeleton staff, as well as a general backlog of applications and lack of appointments in places in Spain with a large British population. 

Different sources catering to British audiences in Spain have also been mentioning two different dates for a deadline for UK nationals who have never registered before: June 30th and March 31st. 

The Local Spain contacted the UK Embassy in Madrid to clarify, to which they replied:

“There is no hard deadline to register for residency – so neither March 31st or June 30th 2021 –  or to exchange your green certificate for a TIE.

“However UK nationals in Spain have always had to apply for residency in Spain if they intended to live here beyond three months. 

“This applies equally to nationals of other countries, including EU countries.”

The British Embassy recommends that UK nationals in Spain find out all there is to know about visas and residency in Spain in their Living in Guide on Gov.uk.

On this page, the deadline of June 30th 2021 is mentioned but only in reference to the date UK driving licence holders who are residing in Spain have until to exchange their UK licence for a Spanish one. 

This may be the source of the confusion regarding the alleged June residency deadline. 

Even though there is no hard deadline for residency on March 31st either, it is the day which marks the first 90/180 deadline for non-resident Brits in Spain and the Schengen Area, if they’ve been here or in the EU since January 1st 2021. 

The British Embassy did tell The Local in early March that there would be no extension for unregistered Brits in Spain due to the state of alarm and other coronavirus restrictions and difficulties caused by the current state of affairs. 

READ ALSO: 90/180 day Schengen rule: What are the consequences of overstaying?

In effect, and this may be subject to interpretation, now is the time for undecided Britons who’ve spent the winter months in Spain, or own a holiday home here, to decide how attached to Spain they want to be and if they want to be residents. 

If they lived in Spain before Brexit fully came into effect on January 1st 2021 and can prove it, it’s their choice to make, they can still apply for residency. But they must do it as soon as possible.

READ ALSO:

But if there’s no intention to become a Spanish resident and/or they can’t prove it, they should leave before March 31st, without forgetting there are other visa options available to them.

“UK nationals (UKNs) who were legally living in Spain before 1 January 2021 can continue to live and work here; these rights will be protected by the Withdrawal Agreement for as long as they remain living here,” a UK Embassy source told The Local.  

“Their rights come from being lawfully resident here before the end of the Transition Period, rather than from possessing the residency document itself. 

“However, it’s really important that people take steps to register as soon as possible.

“The 90/180 day rule applies to any UK nationals who are visiting Spain for leisure purposes since 1 January 2021. 

“Any stays beyond the 90 days in any 180-day period will be dependent on the applicable visas and immigration rules for Spain. This may require applying for a visa and/or permit”.

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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?

Published: 26 April 2024 11:50 CEST
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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