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ARCHIVED - British Govt. asks for greater flexibility from Spain as Brits are refused entry and sent back to UK
Travellers report being put on planes and sent back to the UK
The British consular services has “requested greater flexibility from the Spanish Government” following a turbulent couple of days for some air travellers who were refused entry to Spain and promptly returned to the UK.
There are three key issues which appear to be at the root of the problem; one relating to the extension of the travel restrictions originally imposed on 22nd December and which were imposed following the discovery of the new SARS-CoV-2 B.1.1.7 variant which is being held largely responsible for the sudden surge of new cases in the UK, the situation regarding those who are in the process of seeking residency in Spain and Brexit.
During the transition year before the UK finally left the EU on Thursday evening, many British nationals began the process of applying for Spanish residency, some of them already living in Spain and others with the intention of doing so, but principally because of the events which unfolded relating to the coronavirus which prevented travel and the fact that many applicants didn´t begin their application process until later in the year, a huge back-log built up, the result being that towards the end of the year it became increasingly difficult to obtain residencia appointments and the year concluded with many hundreds (possibly thousands) of British nationals left in a “residency limbo”.
In some cases, those involved have already sold-up everything they own in the UK and have re-located to Spain (some of these people have been here for years but have never applied for the paperwork to legalise their status), others are in the process of moving here and have sold their UK property as arranged, but been unable to move into their new home in Spain due to the imposition of the travel restrictions and others are in the process of selling up in the UK and have already purchased property in Spain. The only thing they all share in common is that they are in “administrative limbo”, currently lacking residencia documentation, having only interim paperwork with which to prove that their application is in process.
Post-Brexit those who already have residency in Spain must change their green residency document for a new identity card, the TIE, although the authorities have confirmed that both remain a valid form of identification for the moment.
The Spanish Government has confirmed that the green residency certificate is acceptable as proof of residence.
Before Christmas the British Consular Services warned British nationals travelling back to the UK that they must carry proof with them that they either had Spanish residency or were able to prove that they were in the process of applying for residency to ensure that Post-Brexit they would be allowed to re-enter Spain. This warning co-incided with the revelation that post-Brexit the current high-risk level of the covid contagions in the UK could result in British nationals being refused entry to any EU country unless they were a registered resident of that country unless a special exception was made for them by the EU.
Any possibility that an exception would be made evaporated when the British Government revealed that the new highly contagious variant had spread out of control, and has now resulted in increased restrictions and the highest levels of new cases yet recorded to date. The response from more than 50 national governments worldwide was to impose temporary bans on travellers from the UK, amongst them a ban on all travel from the UK to Spain other than for returning Spanish nationals and Spanish residents (and a few other “essential” reasons for travel) until 5th January (including the obligation to supply PCR/TMA/LAMP test taken a maximum of 72 hours before flying and completion of contact form).
Post-Brexit, this has now been extended to the 19th January.
Before the 1st January a few isolated incidents had occurred of British nationals successfully flying out of the UK and arriving at Spanish airports and being refused entry. In most cases, this was because the travellers were unable to prove that they were Spanish residents and have residency.
However, in the last two days there have been a number of reports of passengers being refused permission to board flights from the UK because they were told that their paperwork was not valid and of passengers successfully reaching Spain and being sent back to the UK.
This is due to:
- Over-caution by the airlines. One traveller reported that B.A at Heathrow had refused to allow him to board with a green residency certificate. This has since been resolved, but he was not allowed to board the flight this morning.
- Travellers not having original documentation and presenting photocopies.
- Travellers trying to enter Spain without full residency documentation (ie, those with applications in process being refused entry in spite of being told they would be granted entry).
-Travellers being refused entry with green certificates and being told they needed the new TIE card.
DW reports that he arrived at Alicante airport from the UK, having paid for a PCR test, with all the documentation proving that his residency application was in process as he had been advised to do, with documentation proving he was a Spanish property owner and was living in his property, but was refused entry to Spain as he was not a full-time resident. He protested that the British Govt. had advised that those able to present proof that their residency application was in progress would be permitted entry to Spain, but the text was no longer visible on the Government website.
Along with ten other people, he was put on a plane and sent back to the UK and told to return to Stansted the next day to pick up his luggage.
JR said. “4 people turned away from Gatwick airport yesterday one of which is my daughter who had a copy of the green residence document with her, but they wanted an original. She had proof of her schooling as she is a student, medical card and plus her father in Spain on the phone, but they would not let her fly.”
MM said: “I was bumped back to Heathrow today from Barcelona. Green nie card not acceptable for entry to Spain. Have had residencia for 15 years”
AG said “I would love to go home to Alicante but having got confirmation that my residency application was successful back in October I have been waiting for an appointment to get my fingerprints down but none have been available. I flew up to see my children pre-Christmas and now I’m not allowed to fly home because I don’t have the TIE card I’m entitled to because of an appalling shortage of appointments.”
KW said “I was sent straight back on 28th Dec from Corvera
Had proof of residency application and had checked gov.uk site before flying and paid over £200 for pcr”
CW said ”Have just arrived back from Luton, just 4 passengers on one flight, one person had been denied boarding as no residencia.”
And there are many others.
The UK Gov has commented “We’ve had comments and messages from many UK residents in Spain who do not have either the green residency document or TIE card to return to Spain under current restrictions. We have requested greater flexibility from the Spanish Government in the case of people who have started the residency process, but who have not yet been able to collect their TIE card, the case of students, who are due to resume studies soon, and for those who may be caring for elderly or vulnerable family members in Spain and other compassionate cases. We have highlighted these cases to the Spanish authorities and will update you all when we have a response.
Several people have also raised further cases of UK residents in Spain not being able to board flights in the UK or enter Spain today when travelling using the green residency document. This should not be happening, the Spanish Government have today re-confirmed that the green residency document will be accepted for travel to return to Spain, as stated in our travel advice.
The Foreign Office is still advising against non-essential travel to Spain and the travel information on the UK Gov. website has been updated to indicate that ONLY residents of Spain will be allowed to enter the country until 19th January.
Obviously, as indicated above, the British Gov. has requested greater flexibility from the Spanish Government to resolve this issue, but as the UK is no longer a member of the EU, Spain is NOT obliged to permit non-residents to enter at the moment.
So for the moment, be aware, that there could be a problem unless you are a resident and make sure you carry full documentation to prove this if you have to travel.
If you do not have residence, check with your airline before flying and keep a close eye out for updates, as obviously, work is underway by the consular services, to try and resolve this situation.
Useful information produced by the Spanish Government about Brexit. Click to read
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