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BREXIT

Europe & You: Boris our ‘best chance to stop Brexit’, EU Green Cards and cash for residency appointments

Our weekly Europe & You newsletter rounds up the most relevant stories from around our countries related to Brexit, the EU and other areas of interest. Here's the latest edition featuring Boris Johnson, an EU Green Card scheme, cash for residency appointments and many other stories.

Europe & You: Boris our 'best chance to stop Brexit', EU Green Cards and cash for residency appointments
Photo: AFP

Hi to all our readers,

Do you have any preferences on who becomes the next leader of the Conservative Party?

Many of the contenders are openly campaigning for a no-deal Brexit, perhaps unsurprising given that a poll of Tory members – who get to vote on who becomes the next PM – revealed a majority back leaving the EU with no deal.

What about Boris Johnson for PM? While the idea that BoJo could be the next leader of the country might make you wince – he said we are leaving the EU on October 31st “with or without a deal” – this opinion article might make you change your mind.

AFP

French President Emmanuel Macron said on Monday that he fully accepted his “bad guy” role in insisting on a shorter extension to Britain's tortuous exit from the EU, while insisting that October 31st is the “final, final deadline.” Here's what he had to say.

How would the idea of a European Green Card sound to you? It would allow you to keep the existing rights you have as an EU citizen, not least freedom of movement, which we look set to lose if Brexit goes through.

The campaign to bring in an EU Green Card won a timely boost this week as the campaign group behind it, the New Europeans picked up a prestigious European award.

Here's some more information about the EU green card scheme.

AFP

While Brexit limbo goes on, Brits around Europe are still taking steps to try to secure residency permits which they hope will make all the post-Brexit paperwork process a lot easier.

But in France their efforts are being hampered by authorities, understandably, not processing applications until they know what's happening in the UK and also by the long waiting times to get an appointment at the prefecture.

So this story about a black market in appointments for residency permits in certain parts of France will no doubt interest readers.

Here are a selection of other stories from around Europe that will interest you.

SpainThe villages in Alicante where there are zero British residents

France: The 39 maps you need to understand south-west France

Germany: Why Germany could soon have its first 'Green' Chancellor

There was a crucial election in Denmark this week which threw up a few surprises that could be a sign of the direction Europe is heading in, not least on the subject of immigration which resulted in a disastrous showing for the far-right populists. The article below contains everything you need to know.

Denmark: What we learned: Seven key takeaways from the Danish election

Sweden: What you love most about life in Sweden

Italy: Quiz – How well do you know your Italian geography?

A story from Switzerland will interest all those British citizens living around Europe who are unable to vote in their adopted country. Perhaps this idea to give foreigners a political voice could take off around Europe?

And just to round things off Theresa May finally stepped down as Conservative party leader on Friday to allow the race to replace her to officially begin. Some may have sympathy for her, others not so much, but this photo kind of sums her term as Tory party leader.

AFP

Remember, if you want to follow The Local more closely you can download our phone Apps from the Apple or Play store for both Android and Apple phones.

Thanks for reading and for your support.

Ben McPartland
[email protected]

Managing Editor, The Local Europe

Member comments

  1. It is interesting to compare Boris Johnson and Emmanuel Macron
    Johnson was born to a rich family and went to Eaton, an elite expensive public=private school. From there he went to Oxford following the standard route for senior ministers and prime ministers in the UK
    In contrast Macron was born to a wealthy family and went to an expensive private school. From there he went to the elite École Nationale d’Administration the standard route for senior ministers and presidents of France.
    There are great differences in their personalities. Johnson is often regarded as having a good sense of humour. At the moment he is guarded by minders to protect him from his one-liner gaffs.
    Macron is not noted for his sense of humour. He is famous for his ability for talking for hours on any subject without notes. How many are still awake at the end of this monologue is not recorded.
    Both of them have shot themselves in the foot which may lead to their ultimate political deaths. Johnson was the major force in the leave Brexit vote. Macron after supporting his rich friends alienated forgotten France resulting in the yellow vests protest.
    Politics is a dirty business.

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VISAS

Mythbuster: Can you really ‘cheat’ the Schengen 90-day rule?

It's human nature to look for a loophole, shortcut or workaround to the rules, but most of the advertised 'dodges' to the EU's 90-day rule are nothing of the sort.

Mythbuster: Can you really 'cheat' the Schengen 90-day rule?

If you’re the citizen of a non-EU country and you want to spend long periods in the EU/Schengen zone, you will need a visa.

But citizens of certain countries – including the US, Canada, Australia and the UK – benefit from the ’90-day rule’, which allows you to travel visa free within the Schengen zone for 90 days out of every 180.

Anyone wanting to spend longer than this will need a visa or residency card.

READ ALSO: How does the EU’s 90-day rule work?

So a simple enough rule, and for most travellers 90 days out of every 180 is perfectly adequate for holidays, family visits etc.

However some groups – especially second-home owners – might want to spend longer than this.

For Brits, entering the world of the 90-day rule is a recent development, since before Brexit Brits were EU citizens and therefore benefited from EU freedom of movement.

The harsh reality of the post-Brexit world has prompted a steady stream of articles in UK media (examples pictured below) promising ’90-day loopholes’ or ‘how to beat the 90-day rule’ (scroll to the end of this article for what the below ‘loopholes’ really entail).

But do these so-called loopholes really exist?

Despite the claims in the headlines, there are really only three options for non-EU citizens wanting to spend time in the EU – limit their stays to 90 days in every 180 (which still adds up to six months over the course of a year); get a short-stay visitor visa; or move to an EU country full-time and become a resident.

READ ALSO Your questions answered about the EU’s 90-day rule

All of the advertised tricks, dodges and loopholes are really just variations on these three options.

Limit stays to 90 days

Advantages – the big advantage of this method is no paperwork. You can travel visa free and there is no requirement to register with authorities in the country you are visiting (although second home owners will of course have to pay property taxes and other local taxes in the area where their property is located).

In this scenario you retain residency in your home country and are simply a visitor in the EU – a status identical to that of a tourist.

Disadvantages – the time limit is too short for many people and there is also the problem that stays are limited to 90 days in every 180. Although over the course of a year this adds up to six months, you cannot take your six months all in one go – so for example spending the winter in Spain and the summer in the UK is no longer possible. Likewise travelling to your French holiday home for four months over the summer is no longer an option.

It’s up to you to keep track of your 90 days, which you can use as either one long trip or multiple short trips. The 90-day limit is calculated on a rolling calendar and keeping track of the days and making sure you have not exceeded your limit can be stressful.

As a visitor, you have no rights to enter the country if the borders close (as, for example, happened during the pandemic).

READ ALSO How to calculate your 90-day limit

Short-stay visa

If you want to remain a resident in your home country but don’t want to be constrained by the 90-day rule, you can get a short-stay visitor visa. Visas are issued on a national level, there is no such thing as an EU-wide visa, so you will need to apply for a visa in the country where you want to stay.

Different EU countries have different visas, but most offer a short-stay visa (usually six months) that gives you the status of a visitor, but allows you to stay for longer than 90 days.

Advantages – no more counting the days, for the period when your visa is valid you can stay for as long as you like in the country of your choice. By maintaining your residency in your home country, you don’t have to register with authorities in the EU country and won’t be liable for residency-based taxes.

Disadvantages – visa paperwork can be complicated and the process is time-consuming and sometimes expensive (most countries require an in-person visit to the consulate as part of the process). You also need to plan in advance as visas take several weeks or months to be issued.

A visitor visa usually requires proof of financial means, so this is not available to people on very low incomes.

You are still classed as a visitor, so have no rights to enter the country if the borders close (as, for example, happened during the pandemic).

If you are spending a significant amount of time each year out of your home country, this might also affect your tax status, depending on the rules of your home country around ‘tax residency’ (which is not the same as residency for immigration purposes).

Move to an EU country

If you were accustomed to splitting your time roughly equally between your second home and your home country, you might want to consider becoming a resident in the EU.

Advantages – as a resident, you are no longer constrained by the 90-day rule in the country in which you live. The rule does, however, apply to other EU countries. So if for example you are a Brit resident in France, there are no limits on the amount of time you can spend in France. However the 90-day rule does still apply for trips to Italy, Spain, Germany and all other EU/Schengen zone countries. In practice, border checks while travelling within the Schengen zone are pretty light touch, but technically the rule still applies.

You can of course pay unlimited visits to your home country, provided you maintain your citizenship.

Disadvantages – moving countries involves a lot of paperwork. The process varies slightly depending on the country and your personal situation but in general you will first need to get a visa (which must be applied for from your home country, before you move) and then on arrival will usually need to undergo extra admin to validate the visa and register with local authorities. You might also be required to undergo a medical examination and take classes in the national language.

Depending on the type of visa you apply for, you may also need to provide proof of financial means, which disadvantages people on low incomes.

You will also need to register for healthcare under the system of the country you live in, and may be required to either pay taxes or at least complete an annual tax declaration in the country you live in.

Admin is not a one-off event either, most countries require you to regularly renew your visa or residency card. Being officially resident abroad will likely also affect your tax status and access to healthcare in your home country, while your pension entitlements may also be affected.

Can’t we just ignore the 90-day rule?

As a responsible publication, The Local obviously doesn’t advise breaking any laws, but aside from the moral issue, the practicalities of the 90-day rule make it a difficult one to get around.

If you’re not working or claiming benefits most EU countries are unlikely to even notice that you have over-stayed, and the prospect of police knocking on your door is pretty remote.

However, the problem arises when you need to travel, as border guards will likely spot that you arrived in the EU more than 90 days previously and have no visa. Penalties for over-stayers include fines, deportation and ‘over-stay’ stamps in your passport that will make future travel more difficult.

Planned changes to EU border controls (due to come into effect in 2024) will tighten up these checks.

So in short you could over-stay your 90-days but only if you were prepared to never leave the Schengen zone. And if you’re now living here full time there will come a day when you need to access healthcare or other social benefits and that will be difficult if you do not have an official status as a resident.

All EU countries have undocumented migrants living in them, often working illegally on a cash-in-hand basis, but their existence is precarious, they are ripe for exploitation and often live in poverty. We wouldn’t recommend it. 

PS: Those ‘loopholes’ promised in the articles above? The couple in the Telegraph got a visa and moved to France full time, where they are now residents. They told the paper: “The visa process took 9 to 10 months – we had thought it might take three. Yet we think our new life is wonderful and more than worth all the effort.”

The travel influencer mentioned in The Sun simply limits her stays in the Schengen zone to 90 days out of the every 180, but instead of returning to the UK for the rest of the time, she goes to Bulgaria (which is not part of the Schengen zone).

Truly, there are no loopholes . . .

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