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Jim's Guide - Brexit - No-Deal Readiness Report

Posted: Wed Oct 9, 2019 3:51pm
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jimtaylor

jimtaylor

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Location: Almoradí

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The UK government yesterday (October 8th) published a No-Deal Readiness Report:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/837632/No_deal_readiness_paper.PDF

There doesn't seem to be anything that hasn't been published in GOV.UK emails, but it is all in one easily readable document. I've picked out the content that I consider of interest, and collated and reorganised this into sections. The section headings are my own. I've done a minor amount of editing, without altering the content, and have added links where appropriate. There's a certain amount of duplication, left as is because otherwise I'd have had to re-write entire sections. I've also added a final section quoting what the EU say.

Confirmation of no transition period:

In the absence of an implementation period, businesses and citizens would need to adapt immediately to the UK’s new relationship with the EU. 

Reciprocal agreements:

There are currently around 1 million UK nationals living, working and studying in the EU. If we leave without a deal, their ability to continue to do so may be affected.

The Government is having regular discussions with the EU and its Member States to encourage them to do as much as they can to protect UK nationals’ rights and to communicate their no-deal plans to UK nationals living in their territories as a matter of urgency. We are calling on the EU to facilitate our bilateral discussions with Member States, rather than to seek to restrict or limit them.

The Government is seeking an EU-wide continuation, or reciprocal bilateral arrangements with Member States, to transitionally continue the current social security coordination rules, including reciprocal healthcare, in full until the end of December 2020. If our proposal is accepted, this would ensure that workers only pay into one social security system at a time as well as ensuring that EHICs can still be used by UK travellers.

The Government continues to engage with EU Member States to seek to secure the same rights as would be afforded EU citizens in the UK if we leave without a deal. Even with this engagement, it is clear that many Member States will not fully reciprocate the UK’s guarantee and UK nationals may face change and uncertainty.

All Member States have made commitments to protect the rights of UK nationals, but these vary in the extent to which they reciprocate the UK’s guarantee. 

Many Member States have already put in place comprehensive healthcare arrangements for UK-insured people. 

All Member States have prepared or enacted no-deal contingency legislation that will come into place if we leave without a deal. The extent to which this will protect existing rights and services will vary by Member State, with the risk that some UK nationals will be exposed to change and continued uncertainty, including: Access to healthcare and social security cover. 

Social security coordination, including reciprocal healthcare, is dependent upon reciprocation. 

State pension:

With regard to UK state pensions paid to eligible UK state pension recipients living in Member States, in the event of leaving without a deal the UK has now committed to uprate state pensions paid in the EU for a further three years until the end of March 2023, beyond our initial one-year commitment to uprate for the financial year 2019/20. This means we will uprate state pensions for eligible people in the EU for 2020/21, 2021/22 and 2022/23. 

This additional commitment would extend both to those UK State Pension recipients in the EU on 31 October 2019 and to those pensioners who move there from the UK or start to receive their UK State Pension during the period of the commitment. 

During that period, we will continue to seek EU-wide reciprocity and/or agreements to maintain the current policy with individual Member States. 

UK State Pension would continue to be uprated beyond the end of March 2023 if the Government is successful in securing reciprocal arrangements with either the EU or Member State of residence. 

Healthcare in the EU:

On contingency planning for reciprocal healthcare, on 23 September 2019, the Government announced provisions that go further, in the event we do not reach reciprocal arrangements with the EU or with Member States. The UK Government will now fund the healthcare of existing UK insured individuals living or working in the EU, on the same basis as now, for a further six months after Brexit. This provision is aimed at providing people time to make alternative arrangements for their future healthcare cover, including registering for healthcare in their country of residence. 

People should, however, check the requirements for the country in which they live as action may be necessary before the 6 month period ends. 

We have proposed to each EU Member State that, if we leave without a deal, existing healthcare arrangements should continue until 31 December 2020 in the same way that they do now. Should arrangements with the EU or with ... Member State of residence be secured, ... healthcare should not change until at least that date.

The UK and Spain have also taken steps to ensure that people living in each country can continue to access healthcare as they do now until at least 31 December 2020. 

The UK and Spain have each taken steps to ensure that people travelling to each country can continue to access healthcare as they do now until at least 31 December 2020. 

The UK will also continue to cover those travelling to the EU, whose visits or treatment commenced prior to exit day until they return to the UK, as well as cover for students who began their courses in the EU ahead of exit day for the duration of their course. 

Healthcare in the UK:

EU citizens (living in the UK) will have continued access to domestic healthcare.

EU citizens visiting the UK after Brexit may find their healthcare cover in the UK changes, if measures to continue the current reciprocal healthcare arrangements until the end of December 2020 are not in place with the EU or individual Member States. The UK Government continues to advise visitors to the UK to take out travel insurance so that any costs a visitor is asked to pay can be reclaimed from the insurer.

The UK and Spain have also taken steps to ensure that people living in each country can continue to access healthcare as they do now until at least 31 December 2020. 

The UK and Spain have each taken steps to ensure that people travelling to each country can continue to access healthcare as they do now until at least 31 December 2020. 

UK-insured people will continue to be eligible for NHS-funded treatment when visiting England, Scotland or Wales. 

Any UK national who returns to live in the UK (including Northern Ireland) will be eligible for NHS-funded treatment.

EHIC:

European Health Insurance Cards (EHICs) issued by the UK may not be valid in EU Member States and people should check for the latest information on GOV.UK for the country they are visiting.

https://www.nhs.uk/using-the-nhs/healthcare-abroad/healthcare-when-travelling-abroad/healthcare-in-spain/

Travel insurance:

Government advice has consistently been that UK nationals need to get travel insurance to cover emergency healthcare costs. 

Travel insurance may not cover, or may cost more for people with, pre-existing conditions that are currently covered by the EHIC scheme. 

People with pre-existing medical conditions, which would have been covered by the EHIC, should discuss how this would affect travel plans and insurance cover with their GP and insurer.

Driving in the EU: 

EU motorists (both private and commercial) will be able to continue to drive to the UK as they do now. They will not need to obtain an International Driving Permit (IDP) or a Green Card. 

Depending on the EU Member State, an International Driving Permit (IDP) may be required. While the majority of Member States have now stated that most visitors from the UK will not require one, the Government is awaiting formal confirmation in a number of cases. Motorists should always check on GOV.UK to see whether they need one or multiple IDPs. These can be obtained from the Post Office at a cost of £5.50 per permit. 

The majority of EU Member States have stated that they will recognise the UK photocard driving licence of visiting UK motorists without requiring an International Driving Permit (IDP). Motorists should check details on the GOV.UK website before travelling.

Motorists should plan on the basis that they will need a motor insurance Green Card to drive their vehicle in the EU and the EEA. Motorists should contact their insurers one month in advance of travel to obtain a Green Card. If the vehicle is towing a trailer or caravan, two Green Cards will be required (one for the towing vehicle and one for the trailer/caravan). It is possible this requirement may change after Brexit, depending on EU action. 

The Government has and will continue to encourage the Commission to allow the UK to remain within the Green Card Free Area, which would remove the requirement for UK motorists to obtain a Green Card from their insurer to show proof of third party insurance.

Motorists will need to display a GB sticker on the rear of their vehicle, even if they currently have a number plate that includes the GB identifier. 

Motorists will need to carry either their vehicle log book (V5C) or a VE103 if they are using a hired or leased vehicle abroad. 

Private motorists travelling with a trailer weighing over 3,500 kg will need to register that trailer with DVSA, prior to travelling abroad. Drivers with these trailers will need to make sure they display a trailer registration plate and carry DVSA papers. 

Driving licenses:

UK driving licence holders who live in the EU should exchange their UK driving licence for a licence in the country where they live before 31 October 2019. Licence exchange arrangements may stop in some EU and EEA countries, if we leave without a deal, and UK licence holders may then have to retake their driving test in the EU or EEA country where they live.

Passport validity when travelling to the EU:

Passports will need to be valid for at least six months after the date of entry to the EU and have been issued within the past ten years. This does not apply to travel in Ireland.

at least three weeks ahead of travel, all members of the family with less than six months remaining on their passports will need to apply to renew their passports. Priority services are available for more urgent travel, at an additional fee. 

Check that their passport complies with the Schengen entry requirements using the online tool. 

https://www.gov.uk/check-a-passport-for-travel-to-europe

Points of entry to the EU:

Changes to immigration checks in EU Member States may result in some issues at both UK and EU ports of entry. 

If the UK leaves the EU without a deal, existing rules covering travel to the EU by UK nationals will no longer apply. 

UK nationals may lose access to dedicated lanes for EU/EEA/Swiss nationals and/or automated points of entry.

Travel to the EU may involve increased immigration checks and other additional requirements.

The EU has confirmed that UK nationals will not require a visit visa for short stays of up to 90 days in every 180-day period for purposes such as tourism.

UK nationals will still be able to travel to EU Member States and should be prepared to bring the correct documentation. 

There may be increased immigration checks and documentation requirements for UK nationals travelling to the EU. These might include showing evidence of the purpose of their trip and proof that they can afford to cover its costs.

To prepare, individuals and business will need to: Ensure that they have documentation required by immigration authorities, such as proof of sufficient funds for the duration of their stay or a return ticket.

Points of entry to the UK:

Changes to immigration checks in EU Member States may result in some issues at both UK and EU ports of entry. 

Freedom of movement as it currently stands will end when we leave the EU.

However, the new immigration arrangements will not impact EU citizens who are residents in the UK by 31 October 2019. 

... new border controls will be introduced to make it harder for serious criminals to enter the UK. 

When we leave the EU, there will be a transition to a new points-based immigration system, based on the skills and talent that people have – not on where they come from.

(My note - what if an EU citizen simply wants to retire to the UK - and vice versa?) 

This new points-based system will be introduced from 2021 whether we leave the EU with or without a deal. 

The Home Secretary has commissioned the independent Migration Advisory Committee to review how a points-based system can be used to strengthen the UK labour market and attract the best and brightest from around the world.

For the time being, border crossing arrangements will remain largely unchanged. Until further notice, EU citizens will enter the UK as they do now, using their passport or national identity card. They will be able to use eGates if they are travelling on a biometric passport, and they will not face routine questioning by a Border Force officer. But they will face tougher UK rules on criminality and the UK will also be phasing out the use of EU national identity cards for travel to the UK. 

EU citizens in the UK:

The Prime Minister has given an unequivocal guarantee to over three million EU citizens now living and working here: that they can have absolute certainty of the right to live and remain in the UK.

The Prime Minister has made clear that law-abiding EU citizens now living in the UK can be absolutely certain of their right to live and remain here. They will continue to be able to work, study, and access benefits and services such as the NHS in the UK on the same basis after 31 October 2019 as they do now. 

EU citizens will have continued access to domestic healthcare, education and benefits and ongoing recognition of professional qualifications. 

The EU Settlement Scheme delivers on that promise and gives EU citizens an immigration status under UK law. By the end of September 2019 almost 1.5 million people had already been granted a status under the Scheme and 1.7 million had applied.38 It is free and EU citizens have until at least December 2020 to apply.

The EU Settlement Scheme means that EU citizens can stay in the UK indefinitely and their rights will be protected in UK law.

If we leave without a deal, the scheme enables EU citizens resident in the UK by 31 October 2019 and their family members to apply to remain in the UK and protects their rights after we leave the EU. They will have until 31 December 2020 to apply. 

Applicants only need only to prove their identity, provide evidence of their residence in the UK and declare any criminal convictions. No-one is granted pre-settled status without first being offered the opportunity to submit evidence that they qualify for settled status, and we are making it as simple as possible for people to demonstrate their right to settled status by accepting a wide range of evidence.

Those with less than five years’ residency will receive pre-settled status, giving them time to accumulate the five years required for settled status, and can then apply for settled status (without paying a fee).

This mirrors provisions under EU law. Whether someone has pre-settled status or settled status, this means they have been accepted through the Scheme and have secured their rights in UK law.

EU citizens with pre-settled status will have the same access as now, until they have accumulated five years of residence when they will have the same access as comparable UK nationals. 

EU citizens with more than five years’ residency will receive settled status. To obtain settled status EU citizens and their family members will generally need to have lived continuously in the UK for five years. EU citizens who received settled status have the same access to benefits as a comparable UK national. 

The Government has announced that for a transitional period after Brexit on 31 October 2019 until 31 December 2020, law-abiding EU citizens and their family members will be able to move to the UK and live, study, work and access benefits and services for a temporary period in the same way as EU citizens resident before exit day.

To remain in the UK after 2020, EU citizens moving to the UK after exit, and their close family members, will be able to apply for European Temporary Leave to Remain (Euro TLR), a new scheme that will launch after Brexit. The Government will introduce a new, Australian-style points-based immigration system from January 2021.

EU citizens who move to the UK during the transition period will be able to apply for a 36-month temporary immigration status Euro TLR. Applications to the new Euro TLR scheme, which will open after Brexit, will be simple and free and will be made after arrival in the UK.

Until the future immigration system is introduced in 2021, all EU citizens will be able to take up employment and rent property as now and prove their rights to do this by showing a passport or national identity card. 

EU citizens travelling to the UK after Brexit will not need to make any special arrangements in advance, but EU citizens who move to the UK after Brexit and who do not apply for Euro TLR will need to leave the UK by 31 December 2020 – unless they have applied for and obtained a UK immigration status under the UK’s new points-based immigration system. 

Until 2021, employers and other third parties will not need to differentiate between those with status under the EU Settlement Scheme and new arrivals. In the interim, EU citizens will be able to evidence their right to live and work in the UK by using a valid EU passport or national identity card, as now.

Tariffs on UK exports (expensive beef and lamb):

If we leave without a deal, the EU’s Common External Tariff is expected to apply to UK exports to the EU from 31 October 2019. This would result in the introduction of tariffs on 60% of the UK’s exports to the EU (based on current UK exports trade by value). These tariffs would vary by sector. While for some sectors (such as life sciences or electronics) the effect of any tariffs would be minor, other sectors would be more affected – for example, the EU would introduce tariffs of around 65% on fresh boneless beef, around 53% on fresh bone-in lamb and 10% on finished automotive vehicles. 

Mobile roaming:

If we leave without a deal, roaming arrangements for UK consumers travelling to the EU may change. Some mobile operators have stated that they have no current plans to change their mobile roaming policies after the UK leaves the EU. 

Flights:

The Government has permitted EU airlines to continue to fly to and from the UK until 24 October 2020, mirroring EU measures for UK airlines. This means that citizens will be able to continue to fly with confidence after 31 October 2019.

Pets:

Pet owners will still be able to travel with their pet but they will need to take additional steps to ensure their pet can enter the EU.

the UK will no longer be listed on the EU’s Pet Travel Scheme. 

Pet owners (of dogs, cats and ferrets only, including those with assistance dogs) will still be able to travel to Europe with their pet after Brexit but may need to take additional steps to prepare. 

UK-issued pet passports will no longer be valid for entry to the EU, and cats, dogs and ferrets will need an animal health certificate for each trip (valid for entry 10 days from issue and for four months’ travel within the EU).

Contact a vet at least four months prior to travelling to get the latest advice and ensure that the requisite health preparations for pets have been undertaken. 

Cats, dogs and ferrets travelling to the EU will need to have an up-to-date rabies vaccination (whether that is a booster or initial vaccination) followed by a blood test a minimum of 30 days later. This test must be carried out at least three calendar months before travel. 

Enter Member States via a Travellers Point of Entry (TPE). Details of designated points of entry throughout the EU are published on the European Commission’s website. Practical, straightforward and up to date pet travel advice for those travelling to the EU after 31 October 2019, and for those entering or returning to the UK, has been published on GOV.UK.

Voting:

The UK has already signed bilateral agreements with Spain, Portugal and Luxembourg to guarantee local voting and candidacy rights for UK nationals in those states. 

............................................................................................................................................................

Not part of the No-Deal Readiness Report, but this is what the EU say about citizens rights:

https://ec.europa.eu/info/brexit/brexit-preparedness/citizens-rights_en#spain

I am a UK national living in Spain. In case of a no-deal scenario, what should I do to keep my residence rights after Brexit date? When should I do it?

Spain will protect your residence rights through transitional measures that will be applicable for a 21 months grace period starting on the day of withdrawal with no agreement. You will need to have a residence document to prove these rights after the grade period.

a) If you already have a residence document issued under EU free movement law, this will be considered as your temporary residence permit until the end of the 21 months grace period. By this moment, you will have to apply for a new residence permit, according to the specific ad hoc regime approved. In this specific case, your registration certificate will automatically be replaced by a residence document for third country nationals at the policia nacional offices.

b) If you do not have a residence document issued under EU free movement law, you will have to apply for a residence permit. Applications are possible as from the day after of a no deal withdrawal with the Oficinas de Extranjería.

c) You will NOT receive a letter from the national administration informing on your situation. This letter will NOT be considered as your temporary residence permit. During this transitional period of 21 month starting the day after a no deal withdrawal you will have to apply for a new residence permit, according to the  new specific rules that have been already published in the Spanish official diary. See:

https://www.boe.es/eli/es/rdl/2019/03/01/5/dof/spa/pdf

AND

https://www.boe.es/boe/dias/2019/03/26/pdfs/BOE-A-2019-4356.pdf 

What will my rights be?   

With your temporary residence permit, you will keep most of the rights you had as an EU citizen. This means you will be able to continue to reside in the territory of Spain to work, to look for a job, or to study.

How can I travel to other Member States or cross the EU external borders?   

You will have to carry your passport and your temporary residence permit.

I have resided in Spain for more than five years. How can I obtain EU long-term residence status?         

After Brexit date, you will keep your rights during the transition period of 21 months starting on the day after a no deal withdrawal, but you can already apply in parallel for an EU long-term residence permit. This permit will grant you a permanent status, and allow you to enjoy the same treatment as nationals regarding access to employment, education, and core social benefits. This will also allow you, under certain conditions, to acquire the right to reside in another EU Member State. For more information on how to apply for an EU long-term residence permit, please visit this website:

https://www.lamoncloa.gob.es/brexit/Paginas/index.aspx

http://www.mitramiss.gob.es/es/brexit/index.htm 

If you have residing in Spain for more than 5 years, you can also apply for a national permanent residence. In cases where you have a permanent registration certificate, a national permanent residence will be issued at the policia nacional premises.

My family members (spouse, children) are citizens of a third country (neither EU nor UK). What should they do to keep their residence rights?

a) If they already have a residence card issued under EU free movement law, this will be considered as their temporary residence permit until the end of the 21 months grace period. During this grace period, they will have to apply for a new residence permit, according to the ad hoc law approved.

b) If they do not have a residence card, they will have to apply for a residence permit. Applications are possible as from the day after the 21 months grace period with the Oficinas de Extranjería.


RayD

RayD

Legendary helpful member

Wed Oct 9, 2019 6:08pm

Posts: 3340

Location: Catral

2311 helpful posts

Posted: Wed Oct 9, 2019 6:08pm

Spain gives us a 21 month grace period to obtain a TIE.

The UK only guarantees healthcare for 14 months.

Does that mean that all UK citizens with residencia and an S1 have to now have private health insurance?

jimtaylor

jimtaylor

Original Poster

Legendary helpful member

Thu Oct 10, 2019 4:18am

Posts: 4075

Location: Almoradí

5511 helpful posts

Posted: Thu Oct 10, 2019 4:18am

That's what is concerning me, Ray.

operationdinnerout

operationdinnerout

Helpful member

Thu Oct 10, 2019 1:24pm

Posts: 620

Location: Beniarbeig

355 helpful posts

Posted: Thu Oct 10, 2019 1:24pm

RayD wrote on Wed Oct 9, 2019 6:08pm:

Spain gives us a 21 month grace period to obtain a TIE.

The UK only guarantees healthcare for 14 months.

Does that mean that all UK citizens with residencia and an S1 have to now have private health insurance?

Perhaps I'm missing something but the way I understand it is current arrangements under S1 (ie SIP) continue until at least 31.12.20 and may well be extended beyond that? In this scenario why would an S1 holder require additional (private) cover until a decision is announced about what the arrangements will be be from 1.01.21?

Having been married twice I'm well used to being wrong, so do keep me right boys!

Steve

Geoffro

Thu Oct 10, 2019 1:24pm

Posts: 17

Location: Cabo Roig

2 helpful posts

Posted: Thu Oct 10, 2019 1:24pm

How long does it take to renew a British passport?  I have to attend a funeral in the UK on 4th November.  With less than six months left on my passport when i return to Spain will my green residency certificate get me back home.

jimtaylor

jimtaylor

Original Poster

Legendary helpful member

Thu Oct 10, 2019 1:30pm

Posts: 4075

Location: Almoradí

5511 helpful posts

Posted: Thu Oct 10, 2019 1:30pm

operationdinnerout wrote on Thu Oct 10, 2019 1:24pm:

Perhaps I'm missing something but the way I understand it is current arrangements under S1 (ie SIP) continue until at least 31.12.20 and may well be extended beyond that? In this scenario why would an S1 holder require additional (private) cover until a decision is announced about what the arrangements will be be from 1.01.21?

Having been married twice I'm well used to being wrong, so do keep me right boys!

Steve

That's what is worrying about the publication. It is effectively warning that S1 cover may not be extended indefrinitely.

jimtaylor

jimtaylor

Original Poster

Legendary helpful member

Thu Oct 10, 2019 1:34pm

Posts: 4075

Location: Almoradí

5511 helpful posts

Posted: Thu Oct 10, 2019 1:34pm

Geoffro wrote on Thu Oct 10, 2019 1:24pm:

How long does it take to renew a British passport?  I have to attend a funeral in the UK on 4th November.  With less than six months left on my passport when i return to Spain will my green residency certificate get me back home.

The publication is effectively saying three weeks.

I don't think you need to worry, as the six months validity relates to those visiting the EU, whereas you will just be returning to your country of residence.

Congratulations - you're one of the few people who realise that you may need your residency certificate to get back in.

Geoffro

Thu Oct 10, 2019 1:37pm

Posts: 17

Location: Cabo Roig

2 helpful posts

Posted: Thu Oct 10, 2019 1:37pm

Thank you Jim.  I see the airlines are expecting trouble.  The airfares that weekend have increased fourfold.

Andrew65

Andrew65

Helpful member

Thu Oct 10, 2019 3:56pm

Posts: 633

Location: La Marina

390 helpful posts

Posted: Thu Oct 10, 2019 3:56pm

Perhaps those who want the UK to leave the EU could explain to me how things will be better than they are now? 

Yorkshire Lass

Yorkshire Lass

Helpful member

Thu Oct 10, 2019 4:48pm

Posts: 317

Location: La Marina

283 helpful posts

Posted: Thu Oct 10, 2019 4:48pm

Hi Jim I’m trying to get my head around staying a max of 90 days in 180.

“The EU has confirmed that UK nationals will not require a visit visa for short stays of up to 90 days in every 180-day period for purposes such as tourism.”

Scenario: Say I arrive in Spain on 1st November 2019, I’m assuming that, this is the date the 180 days period will commence. I stay for 90 days leaving on 29 January 2020. Am I right in thinking that my 180 day period would take me up 28 April 2020 and after this date the next 180 day period would start, enabling me to return to Spain? Or isn’t it as simple as that! My brain is so full of Brexit I can’t think straight 😤

Thanks

Cathy

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