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MUSIC

BREXIT: Spain scraps work visa requirement for UK touring artists 

UK artists looking to perform in Spain will no longer need to complete the costly and complex work visa process required post-Brexit after Spain’s Cabinet agreed to waive the previous rules. 

BREXIT: Spain scraps work visa requirement for UK touring artists 
UK singer songwriter Dua Lipa along with all other British artists and their crews will be able to tour and perform in Spain without requiring work visas. Photo: Gareth Cattermole/Getty Images/AFP

One of the downsides of Brexit for UK music lovers in Spain has been that British artists and bands can no longer go on tour in the country without having to first arrange third-country audiovisual work visas for their whole crews.

Most EU nations have signed bilateral agreements with the British government to alleviate the fallout of the UK leaving the bloc but unfortunately Spain, together with Croatia and Bulgaria, were until now the only three countries with no alternative arrangement in place.

As of November 14th that changes, as the Spanish Cabinet has followed the advice of Spain’s Association of Music promoters (APM) as well as their British counterparts LIVE and the Association for British Orchestras (ABO) to find a solution to the visa obstacle. 

As explained in the official state bulletin (BOE) dealing with the decree, British musicians, actors and other artists as well as other people who form part of the audiovisual sector will be able to carry out their work activities in Spain for 90 out of 180 days without requiring a work visa. 

“We are delighted that our hard work has paid off and the Spanish Government has agreed to lift the restrictive visa process for touring artists, ending the complicated and painful process of expensive visa applications,” Craig Stanley, Chair of the LIVE Touring Group said.

A whole host of people came together both here and in Spain to fix this situation and this shows what we can achieve as an industry when we work together.

The ruling is in fact good news for artists and production teams from all non-EU countries, not just the United Kingdom, as the waiving of the work visa requirement applies to all third-country nationals who work in the audiovisual sector.

The bureaucratic nightmare involved in performing in Spain post-Brexit recently became evident when two indie groups – Squid and Black Country – cancelled their performances in late October in Madrid, Barcelona and San Sebastián. 

According to the groups and organisers Primera Sound Tours, “bureaucratic problems derived from Brexit” were the reason for the cancellations, as each work visa for band members, road crew, technicians and other sound personnel would have cost €400, making their concerts financially unfeasible. 

Add to this the slow and complex bureaucracy that accompanies this visa process (Spain has famously lost several big Hollywood deals as a result) and it became fairly unappealing, especially for smaller bands that don’t have the manpower or resources.

“Until now, artists and their promoters have had to make applications for short-term visas entirely in Spanish, provide a host of itinerary details before having even been given the green light for the tour to go ahead – including accommodation and flight allocations – and give proof of applicant earnings of up to nearly £1,000 before ever having left the country,” UK live music trade body LIVE stated. 

“Costs were also prohibitive, amounting to over £10,000 for an orchestra to visit Spain for up to five days.

“Touring artists and their production teams were also required to wait for over a month for a decision, making long term scheduling – vital for successful international touring – impossible.”

The Spanish Cabinet’s ruling represents a boost for Spain and the UK’s live music industry, as the Iberian nation is the fifth largest live music market in the world.

For months, the music industry has been warning of visa problems that awaited UK bands performing in Europe. On the other hand, EU performers don’t generally require a visa to perform in the UK.

READ ALSO: Can Spain really become ‘Europe’s Hollywood’ as PM suggests?

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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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