EUROCITIZENS DISCUSSES CITIZENS RIGHTS UNDER THE WITHDRAWAL AGREEMENT AT THE UK EMBASSY

On Thursday 19 December, five EuroCitizens met HM Consul for Madrid, Sarah-Jane Morris, and citizens' rights specialist, Lorna Geddie, at the British Embassy. We analysed the new scenario resulting from the UK general election which will involve an orderly Brexit on 31 January 2020.

We discussed UK and EU-wide preparation for implementing the Citizens Rights chapter of the Withdrawal Agreement after 31/12/20, the end of the transition period. This will include a joint EU/UK implementation committee and involve coordination by the European Commission of measures for UKinEU taken by the twenty-seven Member States.

There are a series of questions about how the Spanish government will implement the Withdrawal Agreement but both HMG and EuroCitizens aim to clarify these in the New Year. Of particular interest are registration procedures, minimum requirements and resourcing in provinces with large British populations like Alicante. What is clear is that UKinSP after the end of the transition period will have a special immigration status as a finite group protected by the Withdrawal Agreement but it is uncertain how this might overlap with other possible statuses like EU family member or EU long-term residence.

EuroCitizens pointed out concerns relating to data protection and UK/EU coordination on reciprocal healthcare and social security as Britain will be leaving the General Data Protection Regulation. We also raised issues, such as EU-wide freedom of movement and cross-border service provision, to be discussed in next year's UK/EU negotiations and those within the unilateral grant of the UK government such as home fees for UKinEU and family reunification for Britons returning to the UK with EU family.

EuroCitizens will be in close touch with the Embassy team in January to ascertain the details of the implementation of the Withdrawal Agreement and to communicate these to the 360,000 plus Britons in Spain who will benefit from lifelong protection under the section on citizens' rights.   

EUROCITIZENS STATEMENT ON THE RESULTS OF THE 2019 GENERAL ELECTION

 

Information: BBC

After last night's Tory landslide victory, the default scenario is now a Deal in January. The Withdrawal Agreement will have to go through Parliament and there will be scrutiny, especially on the Northern Ireland clauses, but Johnson's big majority should make it relatively easy. So by 31/01/20 we should be out.

Looking on the bright side, which it is not easy to do for most of us, this means that UKinEU and EUinUK will at least have the protection of an international treaty, which was not the case with No Deal. See below a table with our analysis of what we will lose and keep in a deal - and what is still not clear.

What are we going to do next? Next week, EuroCitizens will be asking for meetings with the UK Embassy and the Spanish government in order to clarify what will happen in seven weeks time and how we will be dealt with in a Deal. We presume (and hope) that the Spanish administration will use all the work they have done on Brexit contingency plans (Royal Decree 5/2019) for a straightforward declaratory registration system with a generous 'grace period'.

It is a very difficult day for the 360,000 Britons in Spain, most of whom were disenfranchised in yesterday's elections and whose loss of EU citizenship (and the rights that it entails) is virtually inevitable unless they can get Spanish nationality. The only silver lining is that Deal is a lot better than No Deal. Even if the UK fails next year to agree on a future trade agreement with the EU, our basic rights in Spain will be guaranteed.

 

HOW TO INFLUENCE THE UK GENERAL ELECTION - EVEN IF YOU CAN'T VOTE

The UK general election on 12 December is vital for the future of 1.5 million Britons in the EU and their non-EU families.

In all Brexit scenarios, even with a Deal, we lose important rights. Our only chance of keeping EU citizenship, and the rights it gives us like freedom of movement within the EU, is to elect parties that expressly support Remain or the holding of a Second Referendum. Pro-Brexit parties will take the UK out of the EU as quickly as possible, with the risk of No Deal at different stages of the process.

Many of us cannot vote because of the unfair fifteen-year rule which we have campaigned vigorously against. However, we estimate that around 40% of Britons in the EU can still do so. Your vote could be of enormous import on December 12, especially if you are registered in a marginal constituency - and with a five-party race there are many more of these than in a typical general election.

Those of us who cannot vote can also help out by convincing fellow Britons in the EU to register and vote. When doing this, emphasise the huge loss of rights that they and their children will face in all Brexit scenarios. Of course, you can also try to persuade friends and family back in the UK by stressing the impact Brexit will have on you personally (and perhaps on them too if they are your parents who might need care in the future). And remember that, if you have a child studying at a UK university, they can register if they have a National Insurance number.


You can get a lot more information at:
 
https://registertovote.britishineurope.org/

UPDATE ON NATIONALITY APPLICATIONS 14/02/20: WHAT YOU NEED TO DO ON RECEIVING NOTIFICATION THAT YOU HAVE BEEN GRANTED SPANISH NATIONALITY

Update 14/02/20

Camilla has kindly updated the information about what to do when you are notified that you have been granted Spanish nationality. After the experience with her daughter she has added information about Britons born in Spain (whose births are thus registered here). She has also included more on UK birth certificates if people want to keep the original, giving advice to provide a duplicate.

This information has been drawn up based on the website of the Ministerio de Justicia and given out by Registros Civiles, as well as on the experiences of members of EuroCitizens who have completed the process. Since some details vary according to the Registro, we strongly recommend that you contact your local Registro (the town hall can give you the number if you don’t have it) to confirm what they require you to take along and the exact steps.

The four main steps are the following:

11  Notification

22  “Pre-jura”: preparation for the “jura”

33  “Jura” ceremony

44  Final notification and appointment for DNI, followed by updating all documents with your old NIE

Note: “Jura” and “prejura”. At the Registro Civil Central c/ Pradillo 66, they do prejura and jura, but in other registros civiles outside Madrid, they may do it in one go, depending on the registro.

We cannot give exact timeframes since timings have varied significantly between individual cases and do not appear to be directly related to whether the applicant lives in a big city or small town. Expect the process to take several months.

1.     Notification.

You receive an email telling you that you have a communication from the Ministerio de Justicia, or a letter at your address (if you did not do the electronic application).

It informs you that you have been given Spanish nationality and gives you 180 days to get it. It is essential that you keep this notification.

Ask for the appointment as soon as possible, since you may well have to wait several months.

2. Appointment for the “prejura” preparation of the “jura”.

a. This appointment is to prepare for the jura, though you do not actually swear or receive nationality yet, this is about paperwork. It is extremely important that you take the correct documents on the day, otherwise you may have to wait longer.

b. First, find out which is your “registro civil”, where you need to make the appointment; this depends on where you are “empadronad@”.

·       If you / your child were born in Spain and the birth was duly registered in Spain, you should check if this is the same Registro Civil where you/ your child are now empadronad@ and in which Registro Civil you need to do the whole procedure.

·       Since the procedure seems to vary from one place to another, check with your registro civil what you need to take; this information is also online (see 2g ).

c. You can make the appointment online or in some cases on the phone, calling your registro civil to make an appointment; at some registros they will just ask you to turn up. The website for online appointments is www.comunidad.madrid/servicios/justicia/cita-previa-registro-civil-unico-madrid. For other autonomous communities / provinces, enter in your search engine “Cita previa registro civil + name of the province”.

d. You need to fill in a form “hoja de datos” /”hoja declaratoria de nacimiento” which you can download from www.exteriores.gob.es/Documents/Hoja declaratoria nacimientos  It is classified under the “Sección de nacimientos” , presumably because you are “born again”!  It is best if you fill out as much as possible before the appointment, and check with your registro civil that not 100 % of the information is essential to processing your nationality. Even if you/ your child were born in Spain and are already registered, it is best to fill out this form as it is specifically used for nationality applications.

    The form asks for information that you may not have e.g. the date and place of your parents' wedding, your grandparents’ given names, etc., as well as the inscription of your parents’ wedding and your birth. This is not essential, but again, it’s worth confirming this with your registro civil.

·       If you complete the form online, print out a copy and take it with you.

·       When you are told about a Certificado de Nacimiento, it means that you are going to be registered at the Registro Civil Español, every Spaniard has to be in the Registro Civil, they open a page, and record your name, where and when you were born, and the name and surname of your parents.  Without this Certificado de nacimiento en el Registro Español, you can't get a DNI or a Spanish passport.

e)     Remember that as a Spanish citizen:

·       Everyone needs a second surname, and this should be your mother’s maiden name.

·       If you have 3 given names, you have to choose 2 for the Spanish Registro

·       For married women who took on their husband’s surname, they will now have two new surnames (father’s and mother’s), following the Spanish system.

f)      They will give you a typed version of all the information and you need to carefully check the spelling of names and places.

g)     Documentation required: This may vary depending on whether your application was online or you already handed over the physical documentation. On the Ministry’s website it specifies that you need to show the following documents

·       Letter of notification of nationality being granted from Ministerio de Justicia, the “Resolución”

·       The original of your green certificate or the card with your NIE Certificado de Registro de Ciudadano de la Unión

·       Your passport (original). You show this but they return it to you.

·       Certificado de empadronamiento (remember it must be within the last month)

·       Original, apostille and sworn translation of “antecedentes penales” in the UK (ACRO document that you had to get for your nationality application). It should not be necessary to provide your Spanish “certificado de penales” as in your application, you just tick the box in the application (solicitar penales españoles)

·       Original, apostille and sworn translation of your birth certificate from the UK. IMPORTANT: at least in some Registros Civiles they will keep the original birth certificate “for the archives” (sic), so if you have an official duplicate, hand that over; make sure you keep a scanned copy. Otherwise you can write a letter to the Registro Civil asking for your original birth certificate to be returned, or you can write to the UK to ask for a duplicate.

·       If you are told that you need your parents’ birth certificates (there have been cases), tell the civil servant that you don't need it because in your UK birth certificate, they can see the name of your mother, father and even the maiden name of your mother.

You should also take

·       The ”hoja declaratoria de nacimiento” that you completed with your details for the Registro Civil (see point 2d).

·       The email/ letter giving you the appointment.

·       If you/ your child were born in Spain, you will already be registered in the Registro Civil, so you should take along the original document of the inscription in the Registro Civil. In this case you/ your child may not be asked for your UK birth certificate, but take it along in any case – and you should still fill out the “hoja declaratoria”.

h)     You then ask for an appointment for the 'jura'. This may be several months after the second appointment for the paperwork.

i)      For minors (over 14 and under 18)

The minor should be accompanied by both parents. If the child is under 14, s/he does not need to be present. Both parents should be present, or in the case of one being absent, the other should have “poder notarial”. They should complete the same “hoja de datos”.

3.      “Jura” ceremony

a)     Take all your documents along to the “jura”, which is a very brief ceremony (10 minutes). If you have already presented the documents at the “prejura”, in theory you only need to take your passport (the original), the original NIE and the letter granting nationality, as well as the form with personal details of yourself and your parents, that you were given to fill in at the “prejura”. If the civil servant at the “prejura” requested any other document, you should take that along too.

b)     You will be asked to jurar or prometer the Spanish constitution and say that you renounce your British nationality. Remember that as far as the British government is concerned, you have not really renounced your British nationality.

c)     You just need to reply “sí“ to both and you are away!

You will not be requested to hand over your British passport, either in this ceremony or in the previous paperwork appointment.

Once the jura is completed, the 6-month period you are given when nationality is granted, is cancelled. You can ask for a copy of the “Acta de Juramento” if you wish (it isn’t necessary).

4.     Final notification and appointment for DNI

a)     After the “jura” you will need to wait until you get a notification via SMS from the Registro Civil that your certificate is ready; again, waiting time varies, so it is best to ask. This is the “Certificación Literal” which is your inscription in the Registro Civil (with your NIE and the rest of information you gave) and you need to pick this up in person from the Registro Civil; it is specifically and exclusively for you to get the DNI.

b)     You will then need to get an appointment with the Policía Nacional to get your DNI and passport. You can ask for an appointment on the phone 060 o online https://www.citapreviadnie.es. At the police appointment you need to present:

·       The Certificación Literal  (the original the Registro Civil gave you)

·       The Certificado de empadronamiento (the Policía Nacional will accept one within the last 3 months)

·       A recent photo (“hard copy” in paper)

·       42 euros in cash for the DNI and passport; they do not accept cards.

If you need more information on this, look at                       http://www.interior.gob.es/web/servicios-al-ciudadano/dni/como-obtener-su-dni

c)     When you get your DNI, you should also ask the police for a certificado de concordancia which proves that the person with the NIE is the same as the person with the DNI.

d)     When you have done this, you will need to change all your documents to include your new name and DNI number. The DNI number has no relation to the NIE. Examples of documents: driving licence, Hacienda, health card, registration at the town hall, bank accounts, will, accounts with Iberia/ other airlines, and all contracts e.g. work, insurance, utilities, phone, etc.

e)     If you want a Spanish passport, you need to apply for this. When you get it, remember to use your Spanish passport when travelling, including airline reservations etc, (rather than your British one) as there have been cases of people being told by the Spanish administration / police that they will have the Spanish passport taken away if they continue to use their British one.

You may find this link useful https://www.parainmigrantes.info/estado-nacionalidad-concedida-y-ahora-que/

30/10/19: BiE GROUPS MEET HMA HUGH ELLIOT TO DISCUSS THE CITIZENS' RIGHTS OF BRITONS IN SPAIN

On Wednesday 30 October representatives of EuroCitizens plus Brexpats Hear Our Voice and ECREU (both by phone) had another useful meeting with Hugh Elliot and his team. We discussed Deal and No Deal scenarios and had an effective exchange of information and views. The most reassuring conclusion, for many of our members, is that contacts between HMG and the Spanish government are proceeding well on key issues relating to citizens rights. This is happening despite the political uncertainty in both countries and some alarming political ‘noise’.

SUMMARY OF EUROCITIZENS ROUND TABLE ON POST-BREXIT SCENARIOS AND RIGHTS

Centro Gallego 17/10/19

On Thursday 17 October EuroCitizens organised a round table on citizens’ rights in the Centro Gallego in Madrid. Live streaming on Facebook enabled people from all over Spain to send in their queries and watch the session - so far nearly 2,000 have done so. The event achieved its main aim, to analyse the possible Brexit scenarios and to present the alternatives that we have to third-country-national status.

17/10: DOCUMENTATION FOR EUROCITIZENS ROUND TABLE ON 3RD-COUNTRY-NATIONAL STATUS AND ALTERNATIVES

This evening we will be organising a round table on the Citizens' Rights of Britons in Spain after Brexit - Centro Gallego 19h. However, on Saturday various EuroCitizens will be in London marching for a People's Vote, because No Brexit is the best deal which  will allow us to keep our current status and rights.

Our objective for the session is to focus on the different Brexit scenarios: deal, no deal but coverage by Royal Decree 5/2019, no deal with no coverage. We will also be talking about the alternatives to Spanish third-country-national status which is the default new status after any kind of Brexit. These are principally EU long-term residence, EU family member and Spanish citizenship.

The session will be live-streamed on our FB page: https://www.facebook.com/EuroCitizensSpain/
Even if you are not on Facebook yourself, you can access us by using the link or searching for EuroCitizens + facebook. You will hopefully be able to watch the session live in the video section of the page. If you like, you can send your comments to the speakers via EuroCitizens treasurer Ian Sullivan. You can direct these to all the panel or just one person on it.

See below some documentation which we think might be useful for the session. We have tried, in different ways, to map out the landscape for CRs after Brexit and outline alternatives.

17/10: ROUND TABLE - BREXIT SCENARIOS FOR BRITONS IN SPAIN

 
The flowchart above gives you an idea about what will happen to us in different Brexit scenarios. This will help to inform our round table on Thursday (Centro Gallego, 19h).

As you will see, the best Brexit outcome (apart from no Brexit) is a deal, as it guarantees us the protection of an international treaty. After that comes No Deal but covered by the Spanish Royal Decree on Brexit contingency measures. The worst outcome is No Deal without reciprocity between the UK and Spain; we consider this very unlikely but it must be taken into account.

11/10/19: LETTER FROM BIE GROUPS IN SPAIN TO THE UK AMBASSADOR COMPLAING ABOUT 'DEPORTATION' COMMENTS

Brandon Lewis  Photo: Sky News

This morning we have written to HMA in Madrid, Hugh Elliott, complaining about the callous comments of Brandon Lewis related to the deportation of EU citizens which have been widely reported in the international press. Apart from the terrible effect on hundreds of thousands of anxious EU citizens in the UK, such declarations have a direct and negative impact on the situation of the 1.3 million Britons in the EU. Our precarious situation in the event of a no-deal Brexit is totally dependent on reciprocity from the UK in terms of treatment of citizens.

This is not the first time that government ministers have aggravated our position. A few weeks ago, Home Office Priti Patel announced the immediate end of freedom of movement on 31 October. A few days ago, health minister Matt Hancock said that S1 healthcare coverage for UKinEU would only be extended for a further six months. In Spain, this was later clarified (see NHS website). 

Ministers currently seem to be addressing an audience of hardline Brexiters in a pre-election campaign, which merely stokes the growing distrust towards Britain amongst EU-27 governments. Maybe they are unaware of the repercussions of their words on their beleaguered compatriots in the European Union. Or perhaps they just don't care since most of us have been disenfranchised.  

Letter to the ambassador: