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ARCHIVED - Spain gives Brits with residency applications in process 7 day window in which to return to Spain
Passengers landing at Spanish airports without residency are being put on planes and sent back to the UK
The last few months have certainly been difficult for anyone attempting to move to Spain and complete their residency application before the end of the transition period, the covid pandemic and resulting lockdowns creating a huge backlog in the administrative offices handling the various stages of the residency applications process.
This has resulted in a significant number of British nationals being caught in a halfway house situation, with their applications are “in process” but without the precious residency documentation that will permit them to enter Spain should they need to enter the country.
The high level of coronavirus cases in the UK due to the spread of the new, highly contagious variant has resulted in the Spanish Government imposing a ban on the entry of UK nationals into Spain unless they are residents of the country which remains valid until 19th January (although may be subject to extension).
ONLY RESIDENTS who have full Spanish residencia are being admitted and as reported yesterday, there has been a spate of UK nationals who do not have residency, being turned away at Spanish immigration and put on planes back to the UK.
Amongst these have been many British nationals who are in the process of obtaining residency, and in spite of presenting documentation proving this to be the case, have still been sent back to the UK.
This has obviously all taken place within hours of the UK Brexit, over the weekend and during a period of Bank Holidays, and consular services have been stretched to say the least, so those who were refused boarding in the first place and those being sent back to the UK, have had little choice other than to comply.
The British Government has made overtures to the Spanish Government to try and resolve the situation for all those who have not yet been given full residency and the Spanish Government has now agreed a 7 day window during which those who are part-way through the process and have been caught in the UK, can return to Spain.
As a temporary measure, those UK nationals who can prove that they have started their residency process in Spain, but who do not yet have their TIE card, should be allowed to board flights and return to Spain if they show a valid “resguardo de solicitud o renovación de tarjeta de extranjero” document.
This temporary measure is in place from 4th January 2021 until 10th January 2021 inclusive.
During the one year transition period before Brexit the Spanish Government maintained its position that residency of Spain (and the benefits it implies) was being given to those who were actually resident in Spain and wanted to legalise their situation, so their stance now is that all those who applied for residency will be already living here, so this 7 day window should be sufficient for all those who are living in Spain and wish to return to their homes, but have been caught out by the travel ban caused by Covid, to do so.
On 14th December the British Consulate warned that once the United Kingdom had left the European Union, its nationals would no longer be automatically entitled to enter the EU and would only be admitted if coronavirus case numbers come down to a level considered safe or if the EU made a concession and included the UK on the list of countries permitted to enter the EU. This has not occurred due to the new variant being so highly contagious and many other countries outside of the EU have also banned UK nationals from travelling to their countries.
Only residents returning to their habitual place of residence are permitted to enter Spain and the British Consulate in Spain warned all of those who live in Spain or have applied for residency before the December 31st deadline, that they should carry documentation proving this with them if travelling out of the country during the festive season and planning to return to Spain after 1st January 2021.
The British Consulate said: ”As some of you will be travelling to the UK for Christmas, we wanted to advise anyone who is travelling to prepare for your return to Spain by carrying your residency documents (the green certificate or the new TIE card) with you, which accredit your residency in Spain.
If you live in Spain, but do not yet have these documents, we advise you to travel with any documentation demonstrating that you are a resident, for example: the positive outcome of your residency application, the demonstration that you have applied for residency or any other documentation with you that shows that you are a resident in Spain such as a work contract, tenancy agreement or padron certificate.”
This information has now been replaced on their website with the updated information relating to the 7-day concession from the Spanish Government for those in the process of obtaining residency. Click to see full travel information for Spain.
There have been a number of questions on social media relating to the possibility of driving through France to enter Spain by road. At the moment the French border is closed other than for those returning to a habitual place of residence within Europe (and other essential travel such as work) who must transit through France. This restriction is currently in place until at least the 6th January and again, requires the presentation of residency documentation proving that you are a resident of Spain returning home. Full info about travelling through France is best obtained from the UK.Gov site via the following link; France travel info UK.Gov
There are still many flights to Spain available, as airlines are still going ahead with scheduled flights for which there are passengers booked, but be aware, if you board a plane and are NOT resident (or not entering Spain for valid work reasons) or cannot prove that your residencia application is in process, there is a very high chance that you will be turned away and sent back to the UK, so be aware, having a second property in Spain is NOT a valid reason for travel.
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