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Implications of a no-deal Brexit for British citizens travelling to the EU

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Posted: Wed Mar 6, 2019 4:03pm
48 replies783 views6 members subscribed
chrisso50

chrisso50

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Posts: 185

Location: Roquetas de Mar

138 helpful posts

Article from the Free Movement legal blog ...

The future of British nationals heading to the EU, including workers, students and others, is unknown. Nobody knows for sure what Brexit will bring for businesses, holidaymakers to Europe, aviation, the pound and much more — at least not until a deal is or isn’t reached.

Passports

Right now, there are no passport requirements for British nationals travelling to the EU other than simply having a passport. Upon Brexit, that will change. Travellers will be required to be in possession of passports valid for at least three more months, and issued within the last ten years, on the date they intend to exit the EU. If they are subject to the visa regime, a minimum of two blank pages in their passport will also be required. This is why the UK government has taken measures to inform its citizens that they should check their passports before travelling to any of the states in the Schengen area (the travel area that covers most European countries) after 29 March 2019.

Short-stay trips to the EU: visas or ETIAS?

Whether British citizens traveling to the EU will need visas or not in the future is an issue that has been tormenting many. Holidaymakers, backpackers and in particular visitors that have family members living in the EU countries, are deeply concerned about the issue. After much speculation, EU ambassadors finally agreed to grant UK citizens the right to enter EU countries without a visa for short-term stays, on 1 February. There is still one condition: the UK must reciprocate and not require EU visitors to the UK to obtain visas!

If the UK does not reciprocate in a way that the EU considers adequate, UK nationals would have to apply for what is called a Schengen visa. The Schengen visa application process has often been described as energy-draining, time-consuming and costly by third-country nationals. Imagine how burdensome it will be for British citizens who have never had to go through such procedures when visiting the EU.

EU rules for short-term stays

Moreover, the maximum of time one can spend in the EU with such a visa is 90 days within a six-month period. Each individual EU country has its own rules on visas for long-term work or study. However, even if Britons do not need a visa for short-term stays, they will still have to apply for an “ETIAS” once that system is set up. The European Travel Information and Authorisation System is due to come into force from 2021. This is not a visa as such, but does require those intending to enter the Schengen area to register in advance and pay a fee of €7.

The sole difference between visa-free access to Europe and a visa regime, is that for the former travellers do not need to apply for any documents to enter the EU (for now, since later an ETIAS will be mandatory), while for the latter a Schengen Visa is compulsory. But whether on a short-term visa or under visa-free access, one can enter the area and remain there for a maximum of 90 days within a period of 180 days.

As for the purposes of entry, both visa-free travellers and those in need of a visa can enter the area for a number of specific reasons. This includes holiday-making, visiting family/friends, medical treatment, study purposes, training, business, official visits and other activities as long as they do not last more than 90 days and are not classified as employment.

UK business persons travelling to the EU

The scope of activities one can perform in Europe during short-term visits, with or without a visa, are defined by the Schengen rules. Business persons traveling to Europe under the visa-free regime are permitted to participate in meetings, seminars, trade fairs, workshops, business conferences, etc. Employers of companies in the UK can also travel to the EU for short-term visits to attend or to be actively involved in one of the activities mentioned above. If the EU were to impose visas, even if only for short stays, UK business visitors would be among the most affected. The limited period of stay (in many cases as short as five days), the restricted scope of permitted activities, and in particular the frequent need to apply for a visa will cause many British business travellers considerable trouble.

A business short-stay visa does not permit one to remain in the Schengen area for more than three months, to establish a business, trade or profession, to make business deals, to recruit, to train or carry out other work-related activities. As the Schengen Visa Code states, every businessperson from countries under the visa regime needs to apply for a short-stay visa to carry out business-related activities in the EU. The average processing time is ten business days and the applicant must submit various documents, including:

  • A visa application form, fully completed and signed.
  • Two recently taken photos, complying with the Schengen visa photo requirements.
  • A valid passport, valid for at least three more months beyond the date you plan to leave Schengen area
  • A round trip reservation or itinerary including dates and flight numbers specifying entry and exit from the Schengen area
  • A travel insurance policy, proving that the holder has travel insurance for the whole Schengen territory
  • Proof of accommodation
  • Proof of financial means
  • Proof of paid visa fee
  • A cover letter, explaining the purpose of the visit to the Schengen country
  • A letter from the employer, describing the purpose of the travel as well as the itinerary of the days spend within the Schengen zone

UK nationals wishing to work in the EU

UK citizens wishing to work in the EU post-Brexit will need to apply for a national work visa from the country where they intend to work. Each EU country has its own differently organised national visa system. The specifics of a work visa differ from one country to another, though they have several similarities. Usually, the EU countries offer long-stay visas with one-year validity, which often are renewable or extendable. They often lead to settlement on the basis of five or ten years’ long residency. Those wishing to get a job for only one or two months need to get a long-stay work visa as well, since employment is not permitted under a Schengen visa, or visa-free regime. As for UK nationals planning to do an internship, training or work placement in the EU, the length of their stay will be decisive if they need to apply for a visa or not. If their stay is shorter than 90 days, they will be permitted to enter visa-free but a work authorisation may still be required. On the other hand, if their stay exceeds the period of three months, then a long-stay visa will be compulsory.

The process to obtain a working visa for an EU country will involve various procedures and requirements, often including the requirement to find a job before applying. The application process, which varies from one country to another, includes paying the visa fee and waiting for the processing of the application, which in some cases can take quite a long time. The long-stay visa requirement will also apply to those wishing to study in the EU or join a family member in any of the member states. The only way for Britons to elude the long-stay visa requirement is a Brexit agreement that grants them the right of staying and working in the EU without visas.

[article by Shkurta Januzi, editor of SchengenVisaInfo.com]


DarioMartin

DarioMartin

Helpful member

Wed Mar 6, 2019 9:06pm

Posts: 566

Location: Vera

414 helpful posts

Posted: Wed Mar 6, 2019 9:06pm

*bangs head on desk* someone, please, tell me why Brexit is “good”? Cos I’m damned if I can see any benefit!!

Albert

Thu Mar 7, 2019 3:46pm

Posts: 22

Location: Turre

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Posted: Thu Mar 7, 2019 3:46pm

Wow. Thanks Chris. Quite a lot to untangle! Still, speaking to my mum (she's 87 bless her) 'it's just like it used to be pre EU' she said. So for me as an 'under 90' person I'll go with the flow! Great posting. 

chrisso50

chrisso50

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Thu Mar 7, 2019 4:13pm

Posts: 185

Location: Roquetas de Mar

138 helpful posts

Posted: Thu Mar 7, 2019 4:13pm

My mum is almost 89 and voted Leave but because of Alzheimer’s she can’t remember that between 1963 and 1972 I occasionally travelled through Europe, as a teenager and as a student, just using a passport and later an IDP (when driving). I never needed a visa then, except when I visited Romania. But In those days I never went to Europe to work or to live - until last year.

75% of all Brits living in the EU today are working, some also work in several countries freelance. Life (post any type of Brexit) will become much more difficult for them. Tourists by contrast will just have the occasional inconvenience and additional costs. 

But what about those of us that have bought property here in Almeria but are not residents? Already I come across Brits that have bought a property here and stay in it for up to six months a year  - returning to the U.K. for the spring and summer - yet they voted to leave the EU and are now fuming that they will be limited post-Brexit to three month stays.

As far as I know that was not the case prior to the U.K. joining the EEC in 1973.

DarioMartin

DarioMartin

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Thu Mar 7, 2019 4:19pm

Posts: 566

Location: Vera

414 helpful posts

Posted: Thu Mar 7, 2019 4:19pm

chrisso50 wrote on Thu Mar 7, 2019 4:13pm:

My mum is almost 89 and voted Leave but because of Alzheimer’s she can’t remember that between 1963 and 1972 I occasionally travelled through Europe, as a teenager and as a student, just using a passport and later an IDP (when driving). I never needed a visa then, except when I visited Romania. But In those days I never went to Europe to work or to live - until last year.

75% of all Brits living in the EU today are working, some also work in several countries freelance. Life (post any type of Brexit) will become much more difficult for them. Tourists by contrast will just have the occasional inconvenience and additional costs. 

But what about those of us that have bought property here in Almeria but are not residents? Already I come across Brits that have bought a property here and stay in it for up to six months a year  - returning to the U.K. for the spring and summer - yet they voted to leave the EU and are now fuming that they will be limited post-Brexit to three month stays.

As far as I know that was not the case prior to the U.K. joining the EEC in 1973.

<sidetrack>

As a side issue ... why on earth would anyone own property in Europe, live there for half the year ... then vote to leave the EU?

I suspect, perhaps, that an awful lot of people had zero idea what it was they were actually voting for .....

</sidetrack>

chrisso50

chrisso50

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Helpful member

Thu Mar 7, 2019 4:33pm

Posts: 185

Location: Roquetas de Mar

138 helpful posts

Posted: Thu Mar 7, 2019 4:33pm

Dario - Absolutely right. People do not always realise what they are voting for. Aka ‘turkeys voting for Christmas’ perhaps.

Matthew

Thu Mar 7, 2019 11:20pm

Posts: 60

Location: Mojacar

44 helpful posts

Posted: Thu Mar 7, 2019 11:20pm

1. Over 220 management jobs (in purchasing) from Primark in Reading to be moved to Dublin. Dublin doesn't need this as there is almost full employment in Ireland and rental charges have never been dearer and such is the demand it is nearly impossible to buy a house in or within 40 miles of Dublin.

2. Nissan is to cease its operations in Sunderland (a stronghold of Brexiteers). 

3. Other car manufacturers to follow suit sooner rather than later.

4. UK losing lots of financial agencies to Ireland which is at a trickle now but about to become a torrent.

5. UK articulated truck drivers screaming at delays in France.

6. UK students will pay heavily to study in universities abroad.

7. Many British expats unsure of what will happen next and feel isolated.

8. Tourism in the UK to take a hit. Holidaying Brits renting property in Spain to decrease.

9. American companies expanding would opt for expansion in the EU rather than outside of it.

10. Food to be dearer in the UK. Warnings already forecasting some empty shelves in supermarkets.

11. Unemployment to grow in the UK.

12. The GBP£ has always recovered in any competition with the Euro€. Will future £ -v- € battles lead to recovery, if there is a recovery.

13. Boris informed us the NHSS will receive far more funding than at present. But, the tax coffers will have less for distribution.

14. Because of the amount of Brits seeking Irish Passports, the Rep. of Ireland could have a stronger football team for years to come and England wins like 1066 and 1966 could be put on hold until 2066 or later. This would probably be the most disastrous result of all.  

DarioMartin

DarioMartin

Helpful member

Fri Mar 8, 2019 12:22am

Posts: 566

Location: Vera

414 helpful posts

Posted: Fri Mar 8, 2019 12:22am

Matthew wrote on Thu Mar 7, 2019 11:20pm:

1. Over 220 management jobs (in purchasing) from Primark in Reading to be moved to Dublin. Dublin doesn't need this as there is almost full employment in Ireland and rental charges have never been dearer and such is the demand it is nearly impossible to buy a house in or within 40 miles of Dublin.

2. Nissan is to cease its operations in Sunderland (a stronghold of Brexiteers). 

3. Other car manufacturers to follow suit sooner rather than later.

4. UK losing lots of financial agencies to Ireland which is at a trickle now but about to become a torrent.

5. UK articulated truck drivers screaming at delays in France.

6. UK students will pay heavily to study in universities abroad.

7. Many British expats unsure of what will happen next and feel isolated.

8. Tourism in the UK to take a hit. Holidaying Brits renting property in Spain to decrease.

9. American companies expanding would opt for expansion in the EU rather than outside of it.

10. Food to be dearer in the UK. Warnings already forecasting some empty shelves in supermarkets.

11. Unemployment to grow in the UK.

12. The GBP£ has always recovered in any competition with the Euro€. Will future £ -v- € battles lead to recovery, if there is a recovery.

13. Boris informed us the NHSS will receive far more funding than at present. But, the tax coffers will have less for distribution.

14. Because of the amount of Brits seeking Irish Passports, the Rep. of Ireland could have a stronger football team for years to come and England wins like 1066 and 1966 could be put on hold until 2066 or later. This would probably be the most disastrous result of all.  

Pardon my pickiness but 1066 wasn’t really a win for England ... I seem to recall the French team under William the Conqueror beat the English team with a sneaky arrow in King Harolds eye .....

Matthew

Fri Mar 8, 2019 9:12am

Posts: 60

Location: Mojacar

44 helpful posts

Posted: Fri Mar 8, 2019 9:12am

God Man! Dario. I love it.

Albert

Fri Mar 8, 2019 10:46am

Posts: 22

Location: Turre

3 helpful posts

Posted: Fri Mar 8, 2019 10:46am

A minefield of concerns and extremes above but remember it's not over until the fat lady sings! Whatever the outcome, we will just have to get on with it and accept things as they will be. At the end of the day England has a history of standing on its own two feet. 

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