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BREXIT

Brexit: Six facts Brits in Spain have become acutely aware of in 2021

Year one of the Brexit era has made Britons in Spain more aware than ever of their new status as non-EU citizens and all the consequences that come with it. Here’s what we’ve learned over the course of 2021. 

Brexit: Six facts Brits in Spain have become acutely aware of in 2021
From Blighty to Benidorm, the dream is over for many Brits who this year have realised that a life in Spain will no longer be possible post-Brexit. Photo: Jose Jordán/AFP

Firstly, a disclaimer. This isn’t an article aimed at pointing the finger of blame towards Brexit voters based in Spain or listing a number of ‘told you so’ examples of real drawbacks that were crossed off as ‘Project Fear’ claims. 

Over the course of 2021, Britons residing in Spain who voted for or against Brexit, those who saw the writing on the wall and those who dreamt of having their cake and eating it, have all learnt something, perhaps unknowingly.

Questions remain unanswered and problems unsolved as we venture into 2022, but almost 365 days since Brexit became official on January 1st 2021, here’s what we know now more than ever.

Brexit reality bites

In the end, Brexit did mean Brexit and on March 31st 2021 thousands of Britons living or spending part of the year in Spain – but who were not residents – had to either finally register or leave the Schengen Area as their first 90-day limit as non-EU nationals came to a close. 

The Schengen rules aren’t new or specific to Britons and the loss of freedom was widely reported long before Brexit came into force, but the reality of having your time in Europe limited has still proven to be a hard pill to swallow for many Brits, even for those who saw it coming.

UK nationals who could prove they were living in Spain before December 31st 2020 have been able to become residents, but Spanish immigration officials have understandably not taken the rules lightly and have had to reject applications from those who couldn’t provide the right documentation.

Other not-so-obvious reality checks that have dawned on Britons in 2021 relate to dealing with customs. 

Sending parcels in the post between the UK and Spain has become more expensive, carrying certain products in your suitcase when travelling to Spain is no longer possible and even using a moving company to send your belongings over to Spain is a lot more complex now

Unfortunately, it seems like there’s more changes to get used to soon as the UK’s full customs controls start on January 1st 2022.

Spain wants to help

Even Britons who have been tangled up in Brexit-induced Spanish bureaucracy have to recognise that the country has treated them well and been far more welcoming and accommodating than the UK has towards its European population.

As Spain’s Secretary of State for Migration Hana Jalloul put it just days before Brexit came into force: “I know that many of you have built your homes here and we want you to stay. You are part of the Spanish family. You are part of us”.

Unlike in other EU countries, there is no official deadline for under-the-radar Britons to register and Spain has denied false reports that it would round up and deport overstayers without visas or permits, even though they may be subject to a penalty under Schengen rules.

Spanish authorities have also set up an easy process for residents with the old green certificate to exchange it for the TIE and just recently Spain has scrapped the costly and complex work visa process required from British artists who wish to perform in Spain.

And the Valencian regional government has even said it is in favour of non-resident UK nationals having more than 90 days in their territory, with president Ximo Puig calling for “Brexit to be as Brexit-less as possible”.  

The matter of Gibraltar’s future and its status within the EU remains to be decided in 2022, but overall Prime Minister Pedro Sánchez has maintained a pragmatic stance vis-a-vis the UK’s exit from the bloc. (Photo by Christopher Furlong / POOL / AFP)
 

Expect the unexpected

Unforeseen problems have arisen with the paperwork involved in Britons’ changing status as non-EU citizens.

It started with airline staff not recognising the old green residency documents of a number of British passengers, denying them boarding or entry to Spain.

Airport officials had either not seen this sheet of paper before – which isn’t a photo ID but still an official residency document – or they assumed it should have been replaced with the new TIE card. 

Spanish authorities even created an official document for UK nationals to take with them to the airport stating that the green certificates are still valid. 

The lack of understanding by some officials regarding the ID rules has also seen Cajamar bank erroneously warning its British customers that it would close their accounts unless they provided a TIE card, and Spain’s traffic authority the DGT requiring a TIE card for the licence exchange when other documents were valid.

A clean break was never going to be possible, but it would be naive to think there won’t be more similar issues to deal with in 2022. 

Moving to Spain post-Brexit is a rich man’s game

No offence meant to those with a sizable bank account but let us elaborate. 

If a UK national wants to move to Spain to live and work post-Brexit, their prospective employer has to prove they can’t find an EU candidate that can do the job. The alternative is to find a job on Spain’s shortage occupation list, 95 percent of which are positions in the maritime and shipping industry).

Then there’s getting a self-employment work permit. For this, you’ll need a comprehensive business plan that gets checked by a panel of experts, you’ll have to get your qualifications recognised by Spain’s Ministry of Education and you’ll be expected to prove you’ll have sufficient earnings and run a successful business. 

How about English teaching, you may ask? Landing a teaching job was very easy for many Britons in Spain in pre-Brexit times but currently the same rules relating to having to first find an EU candidate apply and there’s no scheme yet that allows them to work as language assistants as for other non-EU anglophones such as Americans or Australians.

So with finding work proving extremely complex for Britons moving to Spain in 2021, what’s the best alternative to be able to become a resident? 

The non-lucrative visa, which involves having to prove yearly income or assets worth €27,800 in 2022 for one person without being allowed to work in Spain, or the so-called golden visa, for which you have to splash out €500,000 on a Spanish property.

That’s the reality that Britons who want to move to Spain from January 1st 2021 face. Either you have money, or your path to residency will be a very challenging one.

People dance at a British-owned pub during a Brexit celebration party in Jimera de Libar, Andalusia, on January 31st, 2020, as European officials removed the British flag from the ceremonial entrance of the European Council's Europa Building in Brussels on Friday ahead of Brexit. (Photo by JORGE GUERRERO / AFP)
Brits at a British-owned pub in Jimera de Libar (Andalusia) celebrate the UK’s confirmed exit from the EU on January 31st, 2020. Were they aware of the consequences their decision would have on their lives in Spain? (Photo by JORGE GUERRERO/AFP)
 

Becoming a non-EU national is a step back

If Brits viewed themselves as expats before – a term which has been controversial long before the Brexit vote – they should certainly consider themselves migrants now. 

Apart from the difficulties in finding work or getting residency as listed above, the days of coming and going as you please under freedom of movement are over, especially for those who aren’t residents. 

Even those who are registered now have to factor in how much time they can spend outside of Spain without losing their residency.

Living or spending long periods of time in Spain and Europe is no longer a universal right for Britons, it’s something they have to pamper and pay attention to.

UK nationals in Spain are now in the same boat as many other non-EU nationals: their driving licences aren’t officially recognised (yet), nor are their qualifications, owning a home in Spain doesn’t guarantee residency and they don’t enjoy the overall protection and flexibility that comes with being an EU citizen. 

The dream is over for many

The sad truth is that 2021 has taught us that current and future generations of Britons – potentially hundreds of thousands of people – will miss out on the chance of living in Spain post-Brexit. 

Young British university students can’t spend a year in Spain on Erasmus and are at the mercy of the decisions made by the British government regarding the UK’s new Turing Scheme. 

Britons of all ages can no longer pack their bags, move to Spain on the fly and settle in while finding a job in person. 

Even those who plan ahead face an uphill battle.

For those who used to split their time between Spain and the UK as they wished, many of them with second homes in the country, it’s now a case of keeping a close check that they’ve not overstayed their Schengen time limit as non-residents. 

And retirement to Spain on a budget is now just a pipe dream, with concerns over healthcare, pensions and finances dissuading many. 

Here’s to hoping for greener pastures in 2022.

Member comments

  1. Can someone advise, or provide a signpost to do my own research, on how long a Spanish Resident (with a Temporary TIE card) on a British passport is allowed to stay out of Spain for each year, and over the five year period (for which a temporary TIE card needs to be held before changing to a permanent TIE card)?

    Many thanks in advance.

  2. Hi Martin,
    During the first 5 years of residency (“temporary”), you cannot exceed 182 days (6 months) outside of Spain each year, and no more than 10 months total over the 5 years. This period may be increased to one period of 12 months for exceptional circumstances, e.g. serious illness, pregnancy and childbirth, study or vocational training.
    Kim

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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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