Goodbye, Barbarous World: Visas For Holidays Later Brexit?

Steve Peers

Until yesterday, I receive got consistently argued that the prospect of British citizens beingness dependent area to visas for short-term visits to the European Union after Brexit was highly remote. In fact, I fifty-fifty told off some ‘Remain’ supporters who suggested that this powerfulness happen. European Union policy is consistently to waive short-term visa requirements for wealthy countries (like the USA, Canada together with Japan) equally long equally those countries waived short-term visa requirements for all European Union citizens inwards return. I couldn’t imagine that it was probable that anyone on the ‘Leave’ side would want to advocate short-term visa requirements for European Union citizens visiting the United Kingdom of Great Britain together with Northern Ireland after Brexit, therefore damaging the British tourist manufacture together with leading to a reciprocal obligation for United Kingdom of Great Britain together with Northern Ireland citizens to larn visas for brusk visits to the EU.

Incredibly, I was incorrect on this. Yesterday, Dominic Raab, a senior figure on the Leave side, suggested that the United Kingdom of Great Britain together with Northern Ireland powerfulness desire to innovate visas for European Union citizens after Brexit, together with accepted that United Kingdom of Great Britain together with Northern Ireland citizens powerfulness live dependent area to visa requirements for visits to the remaining European Union inwards turn. It can’t seriously immediately live suggested that it’s ‘scaremongering’ to consider that this powerfulness buy the farm United Kingdom of Great Britain together with Northern Ireland policy after Brexit – unless there’s such a thing equally ‘self-scaremongering’ yesteryear the Leave side.

Let’s live clear nearly this. The thought of short-term visa requirements after Brexit is utterly together with profoundly stupid. It is yesteryear no way a necessary outcome of Brexit, together with would crusade the maximum possible impairment to United Kingdom of Great Britain together with Northern Ireland businesses together with the ordinary lives of British citizens who seek to see the European Union after Brexit, amongst piffling or no safety produce goodness inwards return.

Background: European Union visa policy

As an European Union Member State, the United Kingdom of Great Britain together with Northern Ireland allows short-term entry to European Union citizens without a visa, equally good equally longer-term gratis displace of people – although the latter number is severable from short-term visas. The contrary is also true, of course: simplifying the leisure, line of piece of work solid unit of measurement together with line of piece of work organisation visits of millions of British citizens to the European Union every year. While at that spot is an before treaty from the Council of Europe (a torso split upwardly from the EU) which abolishes visa requirements betwixt European states, the United Kingdom of Great Britain together with Northern Ireland is not a party to that treaty – together with presumably would non buy the farm ane nether Raab’s plans.  

The European Union has agreements on gratis displace of people amongst Norway, Republic of Iceland together with Switzerland, but it seems clear from official statements yesteryear the Leave side that the United Kingdom of Great Britain together with Northern Ireland would non sign upwardly to these after Brexit. But equally I said, short-term visa waivers are a severable issue: the European Union does receive got reciprocal short-term visa waiver treaties amongst a number of non-EU countries, equally good equally a unilateral policy of waiving short-term visa requirements for other wealthy countries who reciprocate. Therefore, all it would convey for British citizens to retain the visa waiver for short-term visits to the European Union after Brexit would live a British authorities policy non to impose short-term visa requirements on European Union citizens, or a UK/EU treaty to this effect. This seemed highly probable – until Raab’s rant.

The European Union decides visa policy equally a bloc, so at that spot is no possibility that the United Kingdom of Great Britain together with Northern Ireland could produce split upwardly deals on short-term visas amongst private European Union countries. As an exception, Republic of Ireland (like the United Kingdom of Great Britain together with Northern Ireland at present) has an opt-out from the EU’s visa policy, so the United Kingdom of Great Britain together with Northern Ireland together with Republic of Ireland could retain their split upwardly Common Travel Area arrangements – if they wished to. It’s non clear if Raab also wants to impose visa requirements for Irish Gaelic nationals (which powerfulness also together with so live reciprocated). If that happens, together with so edge controls would receive got to live reimposed betwixt Northern Republic of Ireland together with the Irish Gaelic Republic, equally some on the Leave side receive got already called for (though others receive got taken a unlike view).

EU visas: the legal framework

The European Union (apart from Ireland) has a measure short-term visa policy, which entails issuing ‘Schengen visas’ valid for all the Schengen states.  So inwards legal damage nosotros know what the impact would live of the European Union imposing visas on British citizens. The basic rules are laid out inwards the European Union visa code, although a few European Union countries (Romania, Bulgaria, Republic of Cyprus together with Croatia) don’t apply that code yet equally they are non yet fully utilisation of Schengen. While the Schengen scheme currently has many well-known problems equally regards edge control, this has non affected Schengen visa policy, together with at that spot is no ground why it would do.

To larn a Schengen visa, the visa code requires an application at a consulate, although inwards do the applications are often made through a private service provider. Applications tin give notice live made upwardly to 3 months before the engagement of travel, or 6 months for multiple-entry visas. Applicants require to render fingerprints, except for children nether twelve together with some other express exceptions. They must also render documents supporting the ground for their travel, obtain medical insurance together with pay a fee of €60 per applicant, along amongst an extra fee if the applicant uses a private service provider. The fee is reduced to €35 for children betwixt 6 together with twelve, together with waived for younger children, equally good equally pupils together with teachers on study trips, researchers together with representatives of NGOs. It may live waived inwards a minor number of other cases; but it is e'er payable for tourist or line of piece of work organisation trips.

Most applications for Schengen visas are accepted, but applications are scrutinised for subsistence together with intention to return, so it may live to a greater extent than probable that unemployed or low-waged British citizens notice their visa applications refused. Any rejections volition live registered inwards the EU’s Visa Information System for 5 years, which may larn inwards less probable for a futurity application to live accepted. Usually a visa is valid for a catamenia of 3 months over the side yesteryear side 6 months, but it is possible to larn a multiple-entry visa (valid for several trips over a 5 yr period) if at that spot is a proven require to go frequently. Visas can’t ordinarily live obtained at the border, so British citizens would receive got to apply for a visa at to the lowest degree several days inwards advance to live sure of beingness able to travel. Without a visa, they would live denied boarding planes, trains or ferries, due to the European Union law on carrier sanctions.

Back inwards 2014, the Commission proposed amendments to the European Union visa code. They would, for instance, simplify the rules on getting multiple-entry visas, together with let for before applications. But such visas would however non live standard. Recently, both the Council together with the European Parliament adopted their positions on this proposal, together with so it volition probable live agreed afterwards this year. I’ve blogged separately on the main changes that the Commission proposed, equally good equally the run a hazard to add together rules on humanitarian visas, together with on the specific proposals affecting United Kingdom of Great Britain together with Northern Ireland citizens’ non-EU family members. But if the novel code ultimately applies to all British citizens, its impact volition live plainly live much greater.

The European Union has signed some treaties on visa facilitation amongst non-EU countries. These treaties don’t waive the visa requirement, but they trim down the application fee together with simplify the process. Of class they are reciprocal – the United Kingdom of Great Britain together with Northern Ireland would receive got to cutting the fees together with simplify the procedure for European Union citizens applying for short-term visas to see the United Kingdom of Great Britain together with Northern Ireland too.

Practical consequences: the unbearable madness of visa requirements

There’s no incertitude that visa requirements trim down go for tourism, line of piece of work organisation together with other purposes. There are detailed estimates of the scale of the economical impact inwards a report drawn upwardly for the Commission before it proposed the revised visa code. Think of it at the private level: if there’s no visa facilitation treaty, a British span amongst 2 teenagers would receive got to pay an extra €240 for a line of piece of work solid unit of measurement vacation inwards the European Union inwards visa application fees, amongst fees often paid to service providers on top. Even amongst a visa facilitation treaty similar the ane amongst Ukraine, the line of piece of work solid unit of measurement would pay €70 inwards fees (€35/adult, under-18s exempt from fees), together with in ane trial again perhaps service providers.

Raab argues that all this is justified on safety grounds. Is it? First of all, the vast bulk of terrorist (or other) offences inwards the United Kingdom of Great Britain together with Northern Ireland are committed yesteryear British citizens. But some unusual visitors produce commit crimes. How best to covert them out? The basic occupation is that imposing a visa requirement doesn’t, inwards itself, increase our capacity to determine if a special private is probable to pose a threat. It simply, inwards effect, moves the conclusion on entry inwards fourth dimension (to a engagement before arrival) together with infinite (away from the edge to a consulate – although individuals volition however live checked at the edge to ensure that at that spot is a visa inwards their passport). The best way of knowing if a special private is a threat is yesteryear checking the available data.

That information is slowly to notice if the visa applicant has previously committed a criminal offence inwards the UK, because inwards that illustration at that spot ought to live a criminal tape accompanied yesteryear an entry ban. But inwards this scenario, the entry ban information should inwards regulation non exclusively live available to consulates considering a visa application, but also to edge guards deciding on entry at the border. So the visa requirement adds nothing. Nor does it add together anything equally far equally European Union citizens are concerned: the European Union citizens’ Directive allows the United Kingdom of Great Britain together with Northern Ireland to impose an entry ban on European Union citizens who receive got committed serious crimes; together with the United Kingdom of Great Britain together with Northern Ireland tin give notice (and does) turn down entry to European Union citizens at the border.

What if the visa applicant has committed a criminal offence inwards another country? Whether people receive got to apply for a visa or are checked at the border, at that spot is no full general access to other countries’ criminal records. However, the United Kingdom of Great Britain together with Northern Ireland does receive got access to some relevant information as an European Union Member State. Last year, it gained access to the Schengen Information System, which includes information on wanted persons, including some terrorist suspects. From 2012, the European Union scheme for central of information on criminal records was gear upwardly (known equally ECRIS: the European Criminal Records Information System), together with the European Union Commission of late reported that it had greatly improved the current of information on this issue. The ECRIS law provides for criminal records to live exchanged to a greater extent than easily equally regards a country’s ain citizens (so nosotros immediately receive got to a greater extent than information on United Kingdom of Great Britain together with Northern Ireland citizens who receive got committed crimes abroad). Furthermore, the United Kingdom of Great Britain together with Northern Ireland opted into the newly adopted European Union law on passenger mention records.

These laws don’t render perfect security, of course. Not all terrorist suspects’ names seem inwards the Schengen Information System, for instance. The rider mention records law is probable to live challenged on human rights grounds, since it gathers information on all passengers, non precisely suspects. The criminal records law was unable to halt a tragic killing 2 years ago, because British police push clit unfortunately did non inquire some other Member State nearly the killer’s criminal tape (on the footing of a split upwardly European Union law) when they had the opportunity. As I suggested at the time, it would live desirable to render for automatic circulation of the criminal records of European Union citizens who receive got been convicted of real serious crimes, if they receive got been released from prison, so that they tin give notice live stopped together with validly rejected from entry at the border.  The upcoming amendments to the Schengen Information System would live an chance to produce this.

But how would Brexit, amongst or without a visa requirement, better this situation? It would non give the United Kingdom of Great Britain together with Northern Ireland whatsoever to a greater extent than access to European Union databases, or to other Member States’ criminal records systems; indeed, it powerfulness hateful less access. The European Union has non extended ECRIS to any non-EU countries; the Schengen Information System has exclusively been extended to those (like Kingdom of Norway together with Switzerland) that are fully utilisation of Schengen. The European Union has some treaties on central of rider mention information amongst non-EU countries, but this policy is beingness challenged on information protection grounds inwards the European Union court.

More broadly, the European Union courtroom has ruled inwards the Schrems illustration that personal information tin give notice exclusively live transferred to non-EU countries that receive got information protection law ‘essentially equivalent’ to European Union law. The United Kingdom of Great Britain together with Northern Ireland would receive got to commit to maintain applying a law real similar to European Union law, or hazard disruptions inwards the current of personal information – affecting digital industries equally good equally central of information betwixt law enforcement authorities. This restriction can’t easily live negotiated away, since the illustration law is based on the European Union Charter of Fundamental Rights, which has the same legal effect equally the Treaties. The UK’s compliance amongst the European Union rules would almost for sure live challenged inwards practice: come across yesteryear analogy the Davis together with Watson illustration already pending before the European Union court. Outside the EU, the effect of a ruling that the United Kingdom of Great Britain together with Northern Ireland did non comply amongst the rules would live a potential disruption of the flows of personal data.

One lastly point. Let’s remind ourselves that the United Kingdom of Great Britain together with Northern Ireland already allows nationals of over 50 non-EU countries to see for a brusk catamenia without a visa. So plainly nosotros receive got constitute a way to reconcile the possible safety threat this powerfulness pose amongst the needs of the United Kingdom of Great Britain together with Northern Ireland economy. Why should that live so hard to produce equally regards European Union countries after Brexit? The mere existence of that policy anyway creates a loophole: whatsoever European Union citizen amongst the dual nationality of ane of those non-EU states (or perhaps Ireland) would live able to see the United Kingdom of Great Britain together with Northern Ireland without a visa anyway. Or is the intention to require a visa for everyone?

Of course, this loophole would function the other way around too. As a dual citizen of the United Kingdom of Great Britain together with Northern Ireland together with Canada, I could however see the European Union visa-free on a Canadian passport. So could whatsoever other British people who are also citizens of a Member State, or a non-EU province on the European Union visa whitelist. But many others (including my family, for instance) could not. Let’s conclude on the beak absurdity of this: a British citizen contemplating the utilisation of a Canadian passport to see the European Union. Is this actually the vision of an open, liberal, global U.K. after Brexit that the Leave side desire people to vote for on June 23^rd?

Barnard & Peers: chapter 13, chapter 26

JHA4: chapter I:4

Photo credit: welcome2britain.com

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