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Legally permitted reason to leave UK

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Legally permitted reason to leave UK

Old 24th Jan 2021, 14:44
  #1 (permalink)  
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Join Date: Apr 2007
Location: moraira,spain-Norfolk, UK
Age: 79
Posts: 359
Legally permitted reason to leave UK

Anyone clear about this. Government advise is not at all clear.
I must go to Spain to complete registration formalities. Thanks
to the various lockdowns I am already well overdue. Firstly I
must visit the Police for documentation purposes. Is that a legal reason ?
Then to the Foreigners office for more paperwork, then same again a
few weeks later. I have no control over timing of this process.
I do not plan to return to the UK in this time, so is it
a holiday, which is not permitted ? I will not go by air (crowding at airports),
but rather car & ferry. Then of course I have to persuade the Spanish
to let me in. Anyone got ideas ?
esa-aardvark is online now  
Old 24th Jan 2021, 15:15
  #2 (permalink)  
 
Join Date: Oct 2018
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You don't have to go to a Police station in the UK before leaving - there is no list of reasons for essential travel but a wise man would arm themselves with evidence of why they are going

https://www.gov.uk/guidance/coronavi...velling-abroad

alsoThe coronavirus pandemic and its ensuing government-imposed travel warnings have completely upended the global travel industry. And the restrictions have been constantly changing.
In March, the U.K. government’s then Foreign & Commonwealth Office (FCO) advised U.K. nationals against all non-essential international travel. That advice was then revised to allow travel to dozens of destinations, including much of mainland Europe.

Then, as of England’s second national lockdown on 5 November, the government once again changed its stance on travel — both domestically and internationally — until that lockdown ended on 2 December.

However, on Monday, 4 January, Prime Minister Boris Johnson announced a third national lockdown. The restrictions will see the country return to its draconian lockdown state amid mass spread of the COVID-19 virus.

As of 6 January, the government says that “you must not leave your home unless you have a reasonable excuse,” such as for work or education purposes. Additionally, the Foreign, Commonwealth & Development Office (FCDO) still advises against travel to certain destinations even if you meet that criteria for essential travel.

And as for holidays, they’re out of the question. “You cannot leave your home or the place where you are living for holidays or overnight stays unless you have a reasonable excuse for doing so,” the government says. “This means that holidays in the UK and abroad are not allowed.”

So, with this third lockdown, we’re looking at two sets of restrictions: One that says you cannot travel at all, and one that advises for or against travel if you need to go there for essential reasons.



But what does this actually mean? If you want to travel right now, could your travel be deemed essential?

Let’s have a look at the definition of each type of travel.

What is essential travel?

For this second lockdown, the government says you cannot travel — either domestically or internationally — if it does not fall into one of a few categories. More specifically, the government says that travel for work, education or other legally permitted reasons can go on.

As far as international travel, you must have a legally permitted reason to leave home. If you do need to travel for one of the above reasons, then the FCDO advice applies to you. The office still advises against all non-essential travel to a number of destinations.

Unfortunately, the FCDO does not have a simple definition of what is essential or non-essential travel. Ultimately, this a decision for the individual themselves based on the risk and their personal responsibility. If you choose to board a flight for one of the above reasons, it is currently unlikely that the British government will stop you from doing so.

Like the lockdown and social distancing requirements, it is up to each individual to do the right thing to help protect the NHS and stop the continued spread of the coronavirus so that we can return to normal life and travel once this is all over.

The FCDO recognises some people may have essential family and/or business travel. If you have a family emergency and need to urgently care for a loved one when no one else can, this could be considered essential travel. A pilot flying cargo planes full of medical supplies back and forth between China and the U.K., for example, would be essential travel as domestic and international freight transport is an essential service. The same goes for a lorry driver crossing from mainland Europe into the U.K.

Most business travel has ceased, as many businesses have suffered significant downturns and because it’s not necessarily safe to travel right now. However, under lockdown restrictions, work travel is still permitted where it cannot be done from home.

You should not travel at all if you are feeling unwell, regardless of whether you believe the reason for travelling is essential or not. Note that if you do travel abroad, there is no guarantee you will be able to return to the U.K., due to the constantly changing travel restrictions and interruptions. This may be particularly difficult if you travel to a remote island versus mainland Europe, for example, where you could potentially just drive back to the United Kingdom if necessary.

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Old 24th Jan 2021, 15:50
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If you do get in, have a British passport and none Spanish resident you will have to leave at 90 days and not return back to Europe for a year. Thanks to Brexit.
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Old 24th Jan 2021, 16:07
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If you do get in, have a British passport and none Spanish resident you will have to leave at 90 days and not return back to Europe for a year. Thanks to Brexit.
Absolutely wrong!
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Old 24th Jan 2021, 16:31
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https://www.gov.uk/visit-europe-1-january-2021
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Old 24th Jan 2021, 16:52
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Esa ardvark. Why not write or e-mail British Embassy, Madrid ? They will be the most up-to-date for your topic.
Cafesolo.
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Old 24th Jan 2021, 18:12
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Get yourself an inflatable with an outboard motor. Cross the Channel and when you arrive demand a train ticket to wherever in Spain you are going.
Seems to work the other way.
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Old 24th Jan 2021, 21:24
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You will probably already possess some residency papers which were valid on their own up to 31.12.20 and now need 'converting' into the new version. You should show this document on entering Spain ... and the 90 day rule applies to a period of 180 days so you could come back to Spain three months after your initial 90 days expire without trouble. Have you considered entering through Gibraltar? (Apologies if that's una cortina de humo ...)
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Old 24th Jan 2021, 22:19
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4468 no point in just saying wrong, we need the correct answer, which I was also fishing for.
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Old 24th Jan 2021, 22:52
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Originally Posted by N707ZS View Post
4468 no point in just saying wrong, we need the correct answer, which I was also fishing for.
As a Brit, you can stay in the EU no longer than 90 days in any 180 day period.
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Old 25th Jan 2021, 07:00
  #11 (permalink)  
 
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Struggling to work out what this thread is doing in AH&N?

More suited to SLF or JB?
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Old 25th Jan 2021, 08:24
  #12 (permalink)  
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Join Date: Apr 2007
Location: moraira,spain-Norfolk, UK
Age: 79
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ATNotts, quite right, my finger trouble.
My issue is that due to lockdown my paperwork is out of date.
Now I have to jump through several hoops to renew it.
This will take time, with indeterminate delays in the process.
The UK Government advice is circular & pythonesque. Really
boils down to 'stay legal', but not much really specified.
My Spanish lawyer will help me appeal if I am fined by the Spanish.
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Old 25th Jan 2021, 08:55
  #13 (permalink)  
 
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esa-aardvark
I think in the circumstance's you should be ok. I know the UK has suspended its 90 day ruling temporarily on the amount of time you can stay in the UK for tax purposes, so maybe similar in your own situation in Spain. Maybe you should check with UK Embassy in Madrid as other have said, or even the Spanish Embassy in UK.

Cheers
Mr Mac
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Old 25th Jan 2021, 09:10
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Somewhat off topic I know, but I have recently applied for (online) and received a residence permit from your neighbours.
Could not be more simple. Certainly no Foreigners Office, police or lawyers involved !

I have been legally tax resident here for a few years and that is the key. The Spanish have been trying to get tough with folks
who are not declared as tax resident but in reality live there most of the year.
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Old 25th Jan 2021, 09:57
  #15 (permalink)  
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And, in practical terms:-
Ultimately, this a decision for the individual themselves
No - it's actually a decision for the (limited understanding of) the copper who happens to stop you.
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Old 25th Jan 2021, 12:10
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Also worth considering is that there is talk of a compulsory 10 day quarantine upon your return, which may have to be at the point of entry.
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Old 25th Jan 2021, 14:22
  #17 (permalink)  
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Join Date: Apr 2007
Location: moraira,spain-Norfolk, UK
Age: 79
Posts: 359
My lawyer says my paperwork should satisfy the Spanish.
Have to make some registration with the Spanish 48 hours before departure.
I can get a Covid test (Luton Airport) on the way to the ferry.
So off we go. What could possibly go wrong ?
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Old 25th Jan 2021, 18:15
  #18 (permalink)  
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Join Date: Apr 2007
Location: moraira,spain-Norfolk, UK
Age: 79
Posts: 359
Hello Osborne,
we will drive from Santander to Moraira, so should not touch Catalonia.
Kind regards.
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Old 26th Jan 2021, 04:02
  #19 (permalink)  
 
Join Date: Nov 2001
Location: Where the Money Takes Me
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A warning, be very very careful.

I returned to Spain on New Year's Day with all available papers with me. I've been resident there over 10 years and am awaiting my new TIE card.

Because I had not got the actual card or document of proof of application acceptance I was turned back at Customs with a deportation order.

It wasn't until after 30 minutes of pleading with 8 officers and showing them that I'm a bona fide autonomo that they allowed me in.

The Madrid authorities will confirm that at the end of the day, its the official who you meet on entry who really decides if you're allowed in or not.

I'm afraid that's the long and short of it.
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Old 26th Jan 2021, 09:34
  #20 (permalink)  
Thread Starter
 
Join Date: Apr 2007
Location: moraira,spain-Norfolk, UK
Age: 79
Posts: 359
LGW,
my situation is quite odd. I applied via my lawyer (due to covid
I was stuck in the UK) for a new residencia. Application refused by the Alicante
authorities as I am already legally resident in Spain. So now I have to go through
a different process to correct documentation. My translation:-

Application manifestly devoid of merit. The applicant is the owner of one certificate of registration, temporary or permanent, for what
you will proceed to process his residence in the dependencies police and in accordance with the procedure there laid down.

This means I have to physically visit the Guardia to start the process.
On top of all this the UK will likely apply quarantine on my return !
esa-aardvark is online now  

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