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ELECTION

Brexit: Britons in Europe urged to look on bright side of ‘devastating’ UK election result

Britons in Europe were on Friday having to get used to the idea that "Brexit was happening and nothing was going to stop it now". But they were also urged to look at the positive aspect of the UK election result.

Brexit: Britons in Europe urged to look on bright side of 'devastating' UK election result

The victorious prime minister insisted on Friday he would do everything to get Brexit done by January 31st.

Brexit he said was now the “irrefutable, irresistible, unarguable will of the British people”.

There will be many Britons in Europe who might still dispute that but most seemed to accept on Friday, some for the first time, that the UK will leave the EU and they would no longer be European citizens.

Many Brits in Europe took to social media groups to express sadness, shock and anger that the UK, or at least England and Wales, had effectively voted for Brexit once again.

Their reactions echoed those that followed the shock 2016 referendum result.

“It's a devastating morning for all of us – we know that people are shocked and angry and hurting, as we are ourselves after three and a half years of campaigning,” Kalba Meadows from British in Europe told The Local.

“Yesterday there was still a glimmer of hope that we might remain in the EU; today that's gone – it's a true Friday the 13th. So today is a day to mourn and take stock.”

But Meadows and others who have been sticking up for the rights of Britons in Europe have stressed there is at least something positive to take from Boris Johnson's win.

Much of the uncertainty that has blighted the lives of many and impacted the health of some will soon come to an end.

“There is some not so bad news too – our future rights will now be protected by the Withdrawal Agreement, and we no longer have the spectre of a no deal Brexit that has kept us up at night for so long,” she said.

“It's not perfect – we lose our voting rights and our right to free movement for example – but it's lifetime protection of the majority of the rights we have now, and it'll stand even if the government doesn't reach a trade deal with the EU. And of course there will be no change for us until the end of the transition period.”

For many it was time for Brits in the EU to face the music.

“There is no other way out than Brexit happening on January 31st,” Germany-based British political commentator Jon Worth told The Local on Friday morning. “Nothing can stop this now.”

The hope of Brexit not happening “that stayed alive to a certain extent for the last three and a half years since the referendum is now definitively extinguished,” Worth said.

Justine Wallington from the campaign group Remain in France Together (RIFT) also suggested that there was a plus side to the “unpleasant shock” of the result.

“We mourn the imminent loss of our European citizenship, however, with respect to citizens' rights for those who are already resident before any cut off date (probably end of 2020), we face an improved situation compared to last October.

“Previously, current residents were facing a “no-deal” scenario and having to rely on the French Decree and now we are probably looking at the Withdrawal Agreement being agreed. This should secure many of our rights in an international treaty for the rest of our lives.

READ ALSO: A reminder of what the Brexit Withdrawal Agreement means for Brits in Europe

“Some rights likely to be retained are the S1 medical cover, pension uprating, pension aggregation and more. Some rights we will probably lose – voting rights in local and EU elections in France at the end of January and onward freedom of movement at the end of the transition period.”

That transition period is due to end in December 2020 – just 12 months from now – although it may well be extended despite Boris Johnson having vowed not to.

However future generations who want to move and in Europe after the transition period have no idea what conditions will be imposed on them.

That will all be decided in the coming months and years.

The pressure group Brexpats Hear Our Voice sounded a more defiant note after the election result.

“Understandably there is shock, disappointment and anger reverberating around our group right now,” a spokesperson told The Local. 

“Our members are predominantly British and live across the EU. But we are standing firm. We will continue to fight for the protection of our rights and, more than ever, we stand in solidarity and support of our EU friends who have suffered abominably thanks to the callous and careless words of Boris Johnson. Now his party has a large majority, he will have to take full responsibility for all things Brexit. 

“We will continue to stand up for and defend the European Union's fundamental values, which we believe in, and as a reminder they are respect for human dignityand human rights, freedom, democracy, equality and the rule of law. These values unite us all. 

“This is also an opportunity for us to make a fresh start to get citizens' rights to the top of the agenda, and you can bet we are going to make a lot of noise about it.”

Some UK citizens in Europe were grateful that they could now at least look forward.

Clive Williams said: “For me personally this gives a way ahead with a withdrawal agreement that should protect my rights having decided to live in France 18 years ago. So now the uncertainty is gone, some bureaucracy is required and I can continue to live in a tolerant, beautiful country.”

Many spoke of the steps they will now take to secure their future in the EU, even if meant having to overcome some bureaucratic and linguistic hurdles.

Mary Hartley said: “This is a very sad day for me, I honestly did not believe that it would come to this but that’s made my mind up to go for dual nationality.”

Christine Craik had a similar reaction.

“I'm gutted. But it has made my decision easier to apply for French nationality,” she said.

Andrew Crowe said: “I need to be fluent in French fast to pass the nationality test. My life, family and business are here in France yet if i am not fluent i cannot be a citizen.”

 

While many Brits spoke of being grateful they were living in the EU given the Brexit chaos that has engulfed the UK, one reader Thomas Lam was not looking forward to the future.

“I am so genuinely disheartened and devastated by the result of the election,” he said. “I'm moving back to the UK in the next few days, but now I'm not sure if I want to.”

 

 

 

 

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EUROPEAN UNION

Your key questions answered about the Schengen area’s 90-day rule

The EU/Schengen area's '90-day' rule is a complicated one that causes much confusion for travellers - here we answer some of the most common questions from readers of The Local.

Your key questions answered about the Schengen area's 90-day rule

The Schengen ’90-day’ rule applies to non-EU/EEA citizens, including Britons, and limits access to the EU’s Schengen zone to 90 days in every 180 day period. Anyone who wants to stay longer than this will need to apply for a national visa of the country they are visiting. 

Not all citizens of non-EU/EEA countries benefit from the visa-free 90 days. Some nationalities must apply for a visa for any visit to an EU country, even just a one-week holiday. But non-EU citizens including the British, Americans, Canadians, Australians and New Zealanders do benefit from it.

The limit of 90 days in every 180 gives you a total of six months per year within the Schengen zone, so for tourists or people who want to visit family or friends its perfectly adequate – the people who tend to have problems with it are second-home owners and those who work on short-term contracts in the EU.

The Schengen area currently includes all EU states apart from Ireland, Bulgaria, Romania and Cyprus although the latter three states intend to join. It also includes the non-EU states Switzerland, Norway, Liechtenstein and Iceland (EFTA). Croatia was allowed to join the Schengen area late last year.

You can find a full explanation of how the rule works HERE, and answers to some of the most commonly-asked questions from readers of The Local below.

Does the limit apply to the whole Schengen area?

This is one aspect that frequently catches people out – the 90-day limit refers to the entire Schengen area. So if, for example, you spend 88 days at your second home in Spain you won’t have enough time allocation left for a long-weekend in Paris.

What counts as a ‘day’?

Any time spent in EU/Schengen territory counts as a single day, technically even a couple of minutes. So if you take the Eurostar from London to Paris and then go straight to the airport for a flight to New York, that counts as one day from your allowance.

Do I have to spend 90 days outside the Schengen?

Exactly how to calculate the 90 days causes problems for many. The 90 days can be taken as either one long visit or multiple short ones, and are calculated as a rolling clock.

You can find a full explanation of how to calculate the allowance HERE – but the short version is that at any time of the year, you need to be able to count back 180 days, and within those 180 days not have spent more than 90 of them in the EU/Schengen area.

You may have heard that once you reach 90 you must leave the EU and cannot return for 90 days.

READ ALSO: How to calculate your Schengen 90-day allowance

This is in fact only the case if you actually reach your 90-day limit. So those that stay for a full 90 days consecutively would then have to leave the Schengen area for 90 days, before they can return.

Most people who make multiple short visits find it best not to go above 85 or so days, meaning that they have a couple of days ‘in hand’ for emergencies. They do not then have to spend 90 days outside the EU to “reset the clock”, but can return once they have enough days within the previous 180 period.

What if there’s a strike and I can’t leave in time?

Transport strikes are not unusual in Europe, especially France, but if your plane, train or ferry is cancelled it could lead to you overstaying your 90 days.

The best advice is to keep a couple of days in hand, just in case.

If you do end up accidentally overstaying, then the ‘force majeur‘ rule applies – essentially, you need to be able to prove that it was impossible for you to leave the country on time, which might be difficult as even during a strike period there is usually some transport running, even if it is complicated and expensive to change your travel plans.

What if I live in the EU?

If you are a non-EU/EEA national and your are resident in an EU country – with a visa or residency permit – then clearly the 90-day rule does not apply to your country of residence.

It does, however, apply once you travel to another EU country. So if you live in France and like to spend long holidays in Spain and Italy, then you need to keep track of your 90 days.

In practice, there is usually little in the way of border controls when you are travelling within the EU so it’s unlikely that your passport will be stamped or even checked. However, technically the rules does apply.

What are the penalties for over staying?

If you have over-stayed your 90 days you can be fined, deported and banned from re-entry to the EU.

In practice, enforcement varies between countries and most countries keep the toughest penalties for people who have overstayed for many months or even years, or who are working illegally.

READ ALSO What happens if you overstay your 90-day limit?

The most likely scenario for people who have over-stayed for a short time is a fine – French authorities have been issuing €198 fines to over-stayers – and a stamp in the passport flagging the person as an over-stayer. This stamp will likely lead to added complications on future trips, and can make getting a visa more difficult.

What if I get a visa?

People who want to spend more than 90 days in every 180 in the EU/Schengen area will need to get a visa.

However, there is no such thing as an ‘EU visa’ that allows you unlimited access to the bloc. You will need to get a national visa for the country where you spend the most time.

You can then continue to use your 90-day limit to visit other countries within the EU.

All countries have different rules on visas, but for most people who want to spend long periods in the EU without actually moving there, a short-stay visitor visa is the best option.

What if I’m married to an EU citizen? 

Citizens of EU and Schengen zone countries benefit from EU freedom of movement, so are not constrained by the 90-day rule. This, however, does not extend to non-EU spouses.

If you want to spend more than 90 days in the Schengen zone, you will still need a visa (or look to obtain EU citizenship through marriage).

What if I get a new passport?

People travelling under the 90-day rule usually have their passports stamped on entry and exit, in order to keep track of their 90 days.

However passports are also scanned on entry and exit, so a record exists beyond the passport page with its stamp. Therefore getting a new passport does not restart your 90 days, no matter that all the pages are lovely and blank.

What will EES and ETIAS change?

This brings us onto EES, the EU’s new system of border control which involves extra checks at the border – including fingerprints and facial scans – and automatic scanning of passports.

The implementation date has been postponed several times – it’s now due in 2024 – but this will make it harder for over-stayers to slip through the net.

Find a full explanation of the new system HERE.

Could this change for second-home owners?

Definitely the most-asked question at The Local is whether some kind of special deal may be forthcoming for second-home owners.

All we can say for certain is that there are no plans currently in place, and as the 90-day rule is an EU one it would have to be discussed at an EU level.

Individual countries could choose to introduce a special visa for second-home owners, but this still wouldn’t be the same as the paperwork free stays that EU citizens enjoy.

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