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ARCHIVED - 31 British nationals sent back to UK from Alicante airport after failing to provide proof of residency
The passengers concerned arrived at Alicante-Elche airport on two flights from Manchester and London
Following Brexit and with strict travel restrictions in place imposed by both the Spanish and British governments prior to March 30, security staff at Spanish airports were instructed to request proof of residency from all passengers arriving from Britain.
The measures, limiting entry to Spain for anyone other than residents of the country, or those who could prove they owned property here and were undergoing the residency application process, have been in place since before Christmas and were imposed due to the spread of the British (or Kent ) variant.
The British government has also imposed a ban on all foreign travel for non-essential purposes.
Since the ban first began there have been multiple incidences of British nationals being refused entry to Spain and returned on flights to the UK.
In these cases, the airline must assume all costs, including accommodation and meals, as it is their responsibility to inform all passengers about restrictions and travel requirements in place at their destinations. Currently, there is no fine for those who fail to prove their residency, but they must return home on the first available flight.
For this reason, the airlines have become increasingly strict about permitting passengers to fly without first checking their documentation, so whilst this situation at Alicante relates to passengers reaching Spain and being refused admission, there have also been angry complaints on social media pages from some would-be passengers complaining that they have been refused permission to board in the UK after paying for PCR tests.
Recently the Spanish government has announced that from March 31 onwards British nationals will be permitted to enter Spain once again, albeit with some restrictions still in place (see list below of permitted reasons to enter Spain), but within hours the British government made its own announcement extending the ban on international travel for anything other than essential purposes.
However, there were some confusing messages in amongst the new legislation governing the UK travel ban which appeared to permit those owning second homes to travel abroad in order to undertake necessary processes relating to the sale, purchase or letting of, their properties.
This was interpreted on many social media posts as meaning that those who owned properties would be permitted to enter Spain in order to give their apartment a lick of paint and a good clean (whilst enjoying a sneaky 2-week holiday during the Easter break) in order to “prepare it for sale”, and although residents issued warning after warning that care should be exercised if attempting to enter Spain as the ban on non-residents entering the country was valid until March 30, it appears that the message widely reported in the UK media that Spain had removed its ban on British nationals travelling to Spain had somehow generated confusion, and the relaxation was misinterpreted as an invitation to come over to Spain; just because the UK Government permits its nationals to travel ABROAD for specific purposes, this doesn´t necessarily mean that every country will allow them to ENTER unless they specifically allow entry for exactly the same reasons, and prior to March 30 the Spanish and British lists didn’t coincide 100 per cent.
During the last week 31 tourists arrived at Alicante-Elche airport without the correct documentation and were not only refused entry to the province of Alicante but were then also sent back to the UK on the same plane on which they had arrived.
According to a report in the regional Spanish language media, most of these passengers on flights from Manchester and Luton claimed that no one had informed them of these travel requirements at their airport of origin, although others maintained that the documentation they were presenting fulfilled all the criteria laid out on the British government website and there was no reason to refuse them entry.
This immediately resulted in an increased number of passengers being refused permission to board in the UK by their airline, in spite of protests that their documentation was correct.
The British government has since undertaken a thorough revision of the information on its website and has completely updated its travel advice to ensure there is no confusion, so anyone intending to travel to Spain from the UK should carefully read the information given on the UK gov website to ensure that they have a valid reason for travel abroad. CLICK HERE FOR UK GOV TRAVEL ADVICE FOR SPAIN.
At the moment we are still unsure about whether the UK Gov will amend its travel restrictions and permit international travel for the summer months, so the frustration of all those desperate to come back to Spain will have to continue for a little while yet as we wait for the vaccination campaign in both the UK and Europe to reach a larger percentage of the populations.
Permitted reasons to enter Spain: from www.gov.uk (NB: This no longer includes those applying for residency.....)
Entry restrictions and testing requirements are currently in force for travel from the UK into Spain. Only EU and Schengen state citizens, those who are legally resident in EU and associated Schengen states, or those who can demonstrate through documentary evidence an essential need to enter Spain, will be allowed to enter the country.
Permitted circumstances include:
• Habitual residents of the European Union, Schengen States, Andorra, Monaco, The Vatican (Holy See) or San Marino; who are travelling to their country of residence and can duly accredit their residence status with documentary evidence.
• Holders of a long-stay visa issued by a Member State or Schengen Associated State, who are travelling onto said country.
• Health professionals, including health researchers, and elderly care professionals who are going to or returning from essential work.
• Transport personnel, seafarers and aeronautical personnel.
• Diplomatic, consular, international organizations, military, civil protection and members of humanitarian organizations.
• Students enrolled in courses starting after 1 January 2021 who carry out their studies in an EU Member or Schengen state and who have the corresponding permit or visa and medical insurance, provided that they are travelling to the country where they are studying, and that entry occurs during the academic year or 15 days previous. Students who started an on-site or in-person course in Spain prior to 1 January 2021 will not require a permit or visa to enter, but should be prepared to provide evidence of this, such as a residence document or proof of enrolment and accommodation (dated prior to 1 January 2021).
• Highly skilled essential workers whose work cannot be postponed or carried out remotely, including participants in high-level sports events due to take place in Spain.
• People traveling for imperative family reasons who can demonstrate an essential need to travel.
All of the circumstances above must be justified by documentary evidence. You should be aware that you may be questioned on arrival by Spanish border authorities to ensure you meet the entry requirements. Spanish border authorities will only grant entry if they are satisfied that your journey to Spain is essential and reserve the right to deny passage.
Reasonable excuses for travel abroad: from www.gov.uk
This is an overview of reasonable excuses for international travel from the UK.
Work
Travel for business or work purposes where it is not reasonably possible to complete that work within the UK.
This includes but is not limited to essential work, in relation to critical national infrastructure including the national rail network, national security or diplomatic purposes, and elite sports competitions.
Recommended evidence: employer’s letter, professional ID card, confirmation from sports body or evidence of participation, diplomatic mission letter, or other appropriate documentation.
Volunteering
Where it is not reasonably possible to volunteer within the UK.
Recommended evidence: letter from relevant organisation or other appropriate documentation.
Education
For academic studies or professional qualifications where physical presence is required or where activities must be completed overseas. This includes international students returning home.
Recommended evidence: letter or proof of membership of an academic institution, or other appropriate documentation.
Medical or compassionate grounds
This includes:
• to visit someone who is dying or critically ill
• maternity services, or to be with someone who is giving birth, or with a baby receiving neonatal critical care
• medical treatment or emergency which cannot be reasonably received in the UK or to accompany a person where necessary
• to avoid injury or illness or escape risk of harm (such as domestic abuse)
Recommended evidence: medical evidence describing the situation of the member of your household or close family member or a friend who is receiving treatment in hospital or whose condition is life-threatening, proof of scheduled treatment, letter from social services, proof of hospital admission, proof of family relationship, or other appropriate documentation.
Weddings or civil partnerships
You can only travel out of the UK to attend your wedding or civil partnership, or a family member’s wedding or civil partnership if one or both people getting married or entering into a civil partnership do not live in the UK.
Recommended evidence: letter, invitation, or other appropriate documentation.
Funerals
It is still a reasonable excuse to travel abroad for a funeral, but it will not be a reasonable excuse to travel for commemorative events, or to visit a burial ground.
Recommended evidence: letter, invitation, death certificate, or other appropriate documentation
Non-UK resident who has been in UK temporarily, including transit passengers
If you do not permanently reside in the UK and are in England temporarily, you would have a permitted reason to leave the UK.
Recommended evidence: passport, identification card, drivers licence, travel itinerary and tickets, or other appropriate documentation.
Other permitted reasons
There are further reasonable excuses, for example:
• to fulfil legal obligations
• to carry out activities related to buying, selling, letting or renting a residential property
• travel in order to exercise custody rights
• order to present oneself to a judicial or administrative authority
Recommended evidence: proof of contract, court decision and proof of place of residence, order to present oneself to a judicial or administrative authority, expiring residence permit, dismissal notice, letter or appointment details from estate agent, relevant contract or letters detailing sales, or other appropriate documentation.
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