THE GOODBYE EMAIL OF HUGH ELLIOT, HM AMBASSADOR SPAIN, TO EUROCITIZENS

Photo: The Diplomat

Since the autumn of 2016, EuroCitizens has worked closely with the British Embassy in Spain as part of our campaign to defend the rights of UK residents in Spain after Brexit. Hugh Elliot arrived in Madrid five years ago, at a particularly difficult juncture for the Brexit negotiations and for British nationals living here. On his impending departure, we wrote to Hugh to thank him for his work on citizens' rights (see below). He has kindly replied to us (see below), describing our approach to the UK Embassy as a 'mix of frank challenge and constructive engagement'. 

We very much look forward to having such a positive relationship with the incoming HM Ambassador Spain, Sir Alex Ellis. Despite all the progress that has been made, there are still issues that need attention, such as the phasing out of the old green resident cards and the need for all UK residents in Spain to apply for a TIE or foreigners' ID card (more information) .

Reply of HM Ambassador Spain:

«Thank you very much for your kind email.  The Brexit years have been so turbulent and worrying for so many people, it has been a privilege if we have been able to be of some help.  If even those like myself very closely involved with the many twists and turns struggled at times to understand absolutely everything that was going on, I can only imagine how difficult it was for those at more of a distance, concerned about the very real impact on their lives.  

I have been full of admiration for what Eurocitizens has done during this period, and am particularly glad that we have now moved beyond most of the issues. The new government’s clear priority is on resetting its relationship with Europe.

I agree about the productive relationship: I’ve admired the mix of frank challenge and constructive engagement you have always brought.  I’m sure the strong relationship will continue under my successor, Sir Alex Ellis.»

 

Email of EuroCitizens Chair, Nigel Aston:

 

«I am writing on behalf of EuroCitizens to thank you for your efforts on our behalf during the past five years and to wish you all the very best going forward. Your initial year, of course, was complicated by the pandemic, coinciding as it did with the transition period.  

I think it is true to say that many of the worst fears of our members did not come to fruition.  The approach taken by the Spanish authorities to introduce TIEs was sensible and, generally, proportionate and we thank you for the influence that the Embassy had on this.  We all accept that there have been on-going annoyances but, thankfully, satisfactory outcomes were reached on the few serious cases with which we have been confronted.

 

We feel that we have a productive relationship with the Embassy and trust that this will continue with your successor. Of course, there have been difficult times behind the scenes on political issues, including those manufactured in the UK. Your support for our interests was not distracted by these and we are grateful for all your help in assuaging members' concerns as Brexit became a reality. And your personal kindness towards individual members was much appreciated.»

AN IMPORTANT LETTER FOR UK PENSIONERS OVER 80 FROM HM AMBASSADOR IN SPAIN, HUGH ELLLIOT

Dear EuroCitizen Member,

See below a link to a letter sent by the British Ambassador with respect to the ongoing receipt of UK state pensions.

It is particularly critical for those recipients over 80.  If the requested action is not taken then pension entitlement will be lost, if only until corrective action is taken (which will be highly bureaucratic).

Could you please make this known to anyone in your circler who receives such a pension and, particularly the over 80s.  We cannot ignore that this represents a particularly vulnerable segment of pensioners.

A quick word on the 4 July general election. First, we will be analysing the efficacy (or not) of the postal voting arrangements in due course.  Given the likely size of a Labour majority, there is no immediate rush to do so and time to lobby for some serious improvements. Second, we will do some analysis of what a change in government will have on British citizens in the EU.  Again this may take a few weeks as new Ministers are appointed and the new government beds down, with a Parliamentary recess at the end of this month in any case - albeit likely to be shorter than usual.

With many thanks

Nigel Aston

President, EuroCitizens, Vice Chair British in Europe

 

Link to full letter: 

https://mcusercontent.com/e2c828a6e395b7f8f24ed6348/files/78b6ca08-6ea6-e753-62b2-bc2a90cd1d4f/20240621_OU001_Letter_to_Charities_and_CR_Groups_regarding_DWP_039_s_Request_for_Life_Certificates.pdf

 

Main content of the letter:

 

THE AMBASSADOR STRONGLY ADVISES ALL UK RESIDENTS IN SPAIN TO GET THE BIOMETRIC RESIDENCE CARD (TIE) AS SOON AS POSSIBLE

 

A very important message from UK ambassador, Hugh Elliot, about the new EU border control scheme:

 

• In October 2024 (TBC), the European Union (EU) is expected introduce a new scheme that will affect non-EU citizens, including British nationals, entering an EU country for a short stay.    
• The scheme, called EU Entry/Exit System (EES), will register travellers via an automated system in the port or airport when they arrive in Spain. It will replace the current manual stamping of passports at the border.  
• British tourists will be required to provide their name, passport details, biometric data (fingerprints and captured facial images) as well as the date and place of entry and exit upon entering Spain.  
• These details will be held on file for three years, meaning Britons making repeat visits to Spain within a three-year period will not have to go through the same registration process each time. 
• To be exempt from EES registration, British residents in Spain will need to show a valid uniform-format biometric card, which in Spain is the TIE. The British Embassy and the Spanish Government therefore strongly recommend that all British residents in Spain get the TIE before the EES comes into force to avoid disruption at the border.
  

 

Full message:

 

 As you may already be aware, the European Union (EU) is expected to introduce a new border control scheme that will affect all non-EU citizens, including British nationals, who enter an EU country for a short stay. It’s known as the Entry/Exit Scheme (EES) and is due to launch in October - although this date is subject to change and we will inform you when we have more details around the exact timings and processes for its introduction.  The EES will require all British passport holders to register via an automated system before they cross an EU border, replacing the manual stamping of passports. Biometric data will be taken (fingerprints and facial images) and travellers will also need to provide their name, passport details and place of entry and exit in the EU. It is very similar to the ESTA system currently in place in the US.  

  

Impact on Residents 

British residents in Spain will be exempt from registering with EES provided they can produce a valid uniform-format biometric card, which in Spain is the TIE.  

 

Fortunately, most British people living in Spain already have a TIE, having abandoned the formerly issued Green Certificate in recent years. However, as you know, we believe that many people are still using their Green Certificate. This non-biometric document, though a valid residency document in Spain, was issued prior to EU Exit and therefore, does not feature in the Withdrawal Agreement or in Annex 22 of the Schengen Border Guard Handbook document. As a result, we expect that Green Certificate holders may face delays and difficulties at the border once EES comes into force.  

We are therefore asking all British people living in Spain to urgently get the TIE, if they haven’t already done so, and would like your help spreading this message please. 

 

At the same time, we are speaking with the Spanish Government to highlight the urgent need for TIE appointments in the areas of Spain where most British people reside. If you become aware of any issues with appointments or other barriers affecting your members/contacts, please let us know. 

 

Impact on Tourists 

 

MESSAGE FROM EUROCITIZEN CHAIR, NIGEL ASTON, ABOUT EXERCISING OUR VOTING RIGHTS IN THIS YEAR'S UK ELECTIONS

As we have advised before, if you are a UK citizen who has lived for even a short time in the UK you can now vote in Parliamentary elections and national referendums irrespective of the time you have lived outside the UK.

Speculation is rife about the timing of the next general election.  My hunch is that the Prime Minister will take the opportunity of the Conservative Party conference in the Autumn to call the election and kick start a campaign, with an election date of late October/early November!

There is still time to register to meet this deadline. If you have not already done so please follow this link to British in Europe's web site giving updated FAQs
 https://www.britishineurope.org/articles/145184-voting-faqs-updated

and also see the original content for guidance on registering.

This will also be helpful if you have registered but want advice on the options for voting - essentially postal vote, proxy or in person.  

Given the potential for delays in the post, I have appointed a proxy! Bear in mind that a proxy can have a postal vote on your behalf so they do not need to vote in person but can use the Royal Mail.  This is particularly worth bearing in mind if you don't know anybody in your most recent place of UK residency.

Please share with your contacts outside the UK!

Many thanks 

Yours

Nigel Aston
President, EuroCitizens, Vice Chair British in Europe

THE AMBASSADOR'S NEW YEAR'S MESSAGE: GREEN CARDS, PENSIONS, AND OUR VOTING RIGHTS

 

 

As an organisation, EuroCitizens received a New Year's message from the British Ambassador, Hugh Elliott.  The substantive points highlighted by the Ambassador are:

 1. An ‘exchange’ closely monitored in 2023 was that of the Green Certificate. This document remains a valid way to prove Withdrawal Agreement beneficiary status and therefore, the right to work and reside in Spain. For the most part, it is recognised as such, but in response to some reports of non-recognition, we have created this letter on the Living In Guide to explain its validity, pointing to relevant Spanish Government guidance, which we hope will help. That said, the best and most reliable way to prove your rights under the Withdrawal Agreement is with the TIE. That’s why the Embassy strongly advise all British citizens in Spain to get one as, put simply, it will just make life easier. We are pleased that over 200,000 British people (a growing number) do now have a TIE, but we still have a way to go in encouraging take up. 

 

2. The Embassy also hope to make progress on pensions and healthcare matters in 2024. On the former, we believe that many British people living here may be entitled to a Spanish state pension without knowing it. Even those who may have only worked for one year in Spain could be eligible and, if they have worked in other EU countries as well, could potentially combine Spanish social security contributions with those from other countries. As for healthcare, many British citizens in Spain have not yet registered with the Spanish public health system and therefore, are missing out on their entitlement to receive basic state services for free. This means that they could be charged privately for their healthcare, potentially resulting in unnecessary and expensive bills. It is also important that British residents in Spain receiving UK-funded healthcare keep the NHS Business Services Authority updated on their circumstances and contact information. The NHSBSA will be engaging more proactively with British citizens in Spain and are contactable through OHS.S1emailupdate@nhsbsa.nhs.uk.

 

3. The Ambassador is  pleased to say that new legislation has come into force to enable British citizens living abroad to vote in UK general elections, regardless of how long they’ve been living outside the UK. This law removes the previous 15-year time limit and I know will be very welcome news for many British people in Spain. The Embassy has updated our Living in Guide accordingly and are calling on partner to help us spread the word, so British people can get registered and be ready to cast a ballot when the time comes.

Happy New Year!

EUROCITIZENS HOLDS ITS ANNUAL GENERAL MEETING 2023

 

On Friday 24^th of November, EuroCitizens held its ‘asamblea annual’ to celebrate our seventh year as an official Spanish association. We discussed key matters affecting Britons in Spain covered by the Brexit Withdrawal Agreement and our continuing membership of the coalition British in Europe – as well as re-electing the current committee under chair Nigel Aston.

 

Nigel gave us an update of recent activity of BiE: a meeting with the undersecretary of state for Europe, meetings with the Foreign, Commonwealth and Development Office, appearances at the House of Lords European Committee and the Specialised Committee for Citizens’ Rights covering the Withdrawal Agreement (WA). Nigel reported that the Spanish government has in general done a good job for Britons in Spain with the rollout of the special ID card (TIE) for those covered by the WA.

 

There is good news on ‘Votes For Life’, our right to continue voting in UK elections after living fifteen years abroad. It is hoped that this will be in place before the next general election, which will happen sometime in 2024. We discussed ways of proving our previous residence, in the place in the UK where we will be able to vote. As well as documentary proof we can also be obtain proof by the attestation of another UK voter. We will publish the information when the details have been confirmed by the UK government and we are pressing for a major publicity campaign.

 

The UK Embassy in Spain no longer has a dedicated person for citizens’ rights, and we are now dealing with the head of the political department. The main issues are institutions, private and public, not accepting the validity of the green residence documents (which do remain valid). However, due to the explicit mention of the protection of the WA, EuroCitizens recommends that we all get the new TIE. Unnecessary passport stamping is still happening at some airports (including passports of TIE holders but the Spanish government has assured us that this does not affect our residence status. There have been some examples of Britons, covered by the WA, affected by Spanish Defence Ministry restrictions about buying properties near military bases. The bilateral agreement on driving licences is now in place and Britons must exchange them after six months residence in Spain.

 

We discussed the new visa-waiver schemes due to come out, possibly next year: ETA (UK), ETIAS (EU). Again, we will publish information when the conditions for both the UK and EU schemes are clear. And, again, we are pressing for major official publicity campaigns.

 

The litigation of Joshua Silver, about the loss of European citizenship for UK nationals, has been rejected by the Court of Justice of the EU and has reached the final level – The European Court of Human Rights, which unfortunately has no capacity to legally enforce its decisions.

 

Margaret Hauschild attended the recent EU summit for lawyers where it was made clear that the UK is very much a Third Country. This could complicate civil law issues like divorce and inheritance for Britons in Spain, even if covered by the Withdrawal Agreement.

 

Nick Green commented on the application of British in Europe for a grant from the UE programme Citizens, Equality, Rights and Values (CERV). This is not to cover BiE or Eurocitizens running costs but will enable the training of two members in advocacy for citizens’ rights – for Britons in Spain covered by the Withdrawal Agreement. They will then be able to train members of EuroCitizens and other associations in Spain, to help Britons realise what rights we hold and how we can defend them. This is very important as Britons in Europe currently receive none of the protection of Europeans in the UK who are covered by the Independent Monitoring Agency – a body which ensures the correct implementation of rights established by the Withdrawal Agreement. Unfortunately, we anticipate that issues impacting UK citizens in the EU will last many years into the future.

 

The EuroCitizens committee was re-elected with one small change. Nick Green is now a vice-chair in place of Mike Harris who will continue as a ‘vocal’ in charge of the blog and email.

UPDATE: CHECKING YOU ARE ON THE ELECTORAL ROLL AND POSTAL VOTING FOR THE MUNICIPAL ELECTIONS 28/05/23

As you may well know, the Spanish local and regional elections will be held on Sunday, 28th of May 2023. 

As UK citizens covered by the EU Withdrawal Agreement, we can vote in the municipal elections (not regionals). However, in order to exercise this right we must have registered ourselves on the electoral roll between 1 December and 15 January (see previous posts below).

If you did register to vote within that period, you can consult the following website:

https://sede.ine.gob.es/ss/Satellite?c=SETramite_C&cid=1254734728608&lang=es_ES&p=1254734719739&pagename=SedeElectronica%2FSELayout

If you are on the electoral roll but will be away from your place of residence on 28 May, you can apply for a postal vote before 18 May.

https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/interior/Paginas/2023/040423-voto-por-correo-elecciones-espana.aspx

References:

1. EuroCitizens November 2022: Registering to vote

https://eurocitizens2020.blogspot.com/2022/11/an-update-on-registering-to-vote-in.html

2. Eurocitizens December 2022: Online registration

https://eurocitizens2020.blogspot.com/2022/12/online-applications-to-register-your.html

3. Voting rights for UK citizens in Spain covered by the Withdrawal Agreement:

https://www.lamoncloa.gob.es/lang/en/brexit/howtoprepare/Paginas/190109sufrage.aspx