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article_detail
Date Published: 12/05/2020
ARCHIVED - Spain extends the closure of its borders to non-Spaniards and non-residents until 24th May
Text in the BOE specifically states, "the mere fact that a house is owned in Spain does not automatically give the right to residency in Spain”
The whole topic of mobility is likely to be a recurring theme as the Covid pandemic continues to run its course throughout the world, as some countries cope better than others and all governments tussle with the social and economic consequences of the decisions taken in their own nations to limit the spread of the virus.
Undoubtedly some countries have succeeded in bringing the virus under control better than others and it is only to be expected that these hard won gains will be jealously guarded by their respective governments, who will take appropriate measures to limit the possibility of the virus spreading within their own borders again.
More than half of Spain has now entered into a first crucial phase of de-escalation as the numbers of both cases and deaths continue to decline but is limiting movement within its own territory until 22nd June. Until this date residents may only move about within their home province and are not permitted to travel elsewhere in Spain unless they fall within specific groups such as health workers, temporary agricultural workers, lorry drivers etc.
On Tuesday the Interior Ministry has announced several measures to limit movement and monitor movement including a 14 day quarantine for anyone entering Spain. (Click to read this article.)
Another measure announced today is the prolongation of internal border controls on Spain‘s land frontiers with other EU nations and its sea borders.
The existing order expires on 15th May and a new order amplifies the closure of borders until 24th May when the existing state of emergency concludes. The Government has already stated its intention to extend this period by a further 15 days, and if possible, to the end of June.
The Ministry justifies its decision saying that, the risks of contagion derived from allowing movement adds "complexity to the priority objective of containing the expansion of COVID-19".
The Ministry stresses that the progressive lifting of confinement within Spain "will reasonably entail that people residing abroad decide to travel to our country, contradicting the internal mobility limitations."
"This measure is considered proportionate to the gravity of the situation and consistent with the maintenance of the controls re-established at internal borders by a significant number of Member States of the European Union," it says in the BOE published on Tuesday 12th May. Click here to see the full original text.
For many foreign visitors to Spain this effectively bars them from entering the country until the government decides to re-open its frontiers, as ONLY foreigners who have residencia documentation, so can prove that Spain is their habitual residence and that they live here, may currently enter.
This has caused problems for foreigners who habitually split their time between Spain and another country who are barred from entering until the state of emergency is lifted.
There are many cases of families caught between the two countries, one example this morning on a social media post in one of our groups made by a reader “living” here in Spain with her children who has not yet obtained residency and is separated from her husband who had gone to England to visit family and failed to return before flights stopped and borders were closed.
Many people are here in Spain at the moment having believed that the initial lock-down “would only be for a couple of weeks” and now find it virtually impossible to get back as there are only flights from Madrid, Barcelona or the offshore islands or the option of driving up through France; those stuck in the UK without residency are simply not allowed back in.
Although UK nationals who habitually reside in Spain (or are planning to retire to homes they already own in the near future) have had plenty of warning throughout the Brexit negotiations that they must obtain residency if they wish to stay in Spain after Brexit, many have failed to do so and as a result there are families divided all over the place and a large number of Brits “trapped” in the UK, unable to get back to Spain.
So many non-resident readers have booked early summer holidays in Spain or habitually come to their second homes during June, and must now wait to see whether these restrictions will be lifted in June so that they can travel here; as things now stand, the borders will remain closed until May 24th and they cannot enter the country.
The other problem is for all those who had purchased property in Spain with the intention of re-locating, having sold their home in the UK. Unable to enter Spain they have moved into temporary accommodation believing that the “pandemic would be over” a little sooner and have now found that they are not allowed to move to Spain at the moment, so are effectively stuck in “no man’s land”.
Several readers have been in contact asking for help, but there is no option other than to wait until the government lifts these restrictions and allows them to enter. As the Ministry said today, "the mere fact that a home is owned in Spain does not automatically give the right to residency in Spain”.
In total, fourteen other Schengen Member States have re-established controls on their internal borders (Germany, Belgium, Czech Republic, Denmark, Estonia, Slovakia, Finland, France, Hungary, Iceland, Lithuania, Norway, Poland, Switzerland ) and nine have marine border controls (Lithuania, Denmark, Poland, Norway, Germany, Estonia, Finland, Belgium and Iceland).
The BOE says: Temporary restoration of controls at internal air and sea borders.
1. Controls are temporarily reestablished at the internal air and maritime borders from 00:00 on May 15, 2020 to 00:00 on May 24th, 2020.
2. Only the following persons will be allowed to enter the national territory by air and by sea:
a) Spanish citizens.
b) Residents in Spain, who must be able to prove that Spain is their habitual residence.
c) Cross-border workers.
d) Care professionals working in the healthcare sector or caring for the elderly who enter Spain to carry out their work activity.
e) Those that present documentary evidence citing reasons of force majeure or situation of need.
3. Foreign personnel accredited as a member of diplomatic missions, consular offices and international organizations located in Spain are exempt from these restrictions, provided their displacements are linked to the performance of their official duties.
Exclusions
These measures are not applicable to the transport of goods, including the crews of marine vessels, to ensure the provision of maritime transport services and fishing activity, and the aeronautical personnel necessary to carry out commercial air transport activities.
Neither will they be applicable to those who arrive in Spanish territory by either air or sea transportation for any other exclusively work-related reason, provided that appropriate documentation can be submitted.
YESTERDAY THERE WERE STILL 65,000 ACTIVE CASES OF COVID-19 ACROSS SPAIN: TAKE SENSIBLE MEASURES TO PROTECT YOURSELF AND PREVENT THE FURTHER SPREAD OF THE CORONAVIRUS.
Formal documentation can be viewed here: Click State of Emergency documentation
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