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Citizens Exempt from Travel Restrictions into Spain from Non EU Countries

Extract from the EU on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction.

Where temporary travel restrictions continue to apply to a third country, the following categories of persons should be exempted from the travel restriction, independent of the purpose of travel:

Union citizens within the meaning of Article 20(1) TFEU and third-country nationals who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens, as well as their respective family members.

Third-country nationals who are long-term residents under the Long-term Residence Directive, persons deriving their right to reside from other EU Directives or national law or who hold national long-term visas, as well as their respective family members.

Member States can, however, take appropriate measures such as requiring such persons to undergo self-isolation or similar measures upon return from a third country for which the temporary travel restriction is maintained, provided they impose the same requirements on their own nationals.

Spanish Order:

On July 16, the Council of the European Union adopted a new Recommendation (EU) 2020/1052, modifying the list of countries in the previous one, from which Serbia and Montenegro are deleted due to the worsening of their epidemiological situation.

At the same time, at the Spanish external borders it has been verified that the number of people arriving from countries not included in the list and, therefore, taking advantage of the exempt categories, is excessive if the global epidemiological situation is taken into account, like the Spanish one in particular. Notwithstanding the fact that the lifting of controls at the internal borders of the majority of Member States and Schengen Associated States allows freedom of movement within the Schengen area, it is considered necessary to avoid unnecessary transits, so that everyone who wants to enter and you are authorised to do so, choose the most direct routes.

With regard to the list of third countries, the reference must be understood to be made to residence in them, not to possession of the nationality of those countries. The lifting of restrictions should not be considered of immediate effect, but will continue to be subject to criteria of progressiveness and reciprocity. For this reason, the complete list of countries that appears in the Council Recommendation after its modification is included in this order.

1. For the purposes of the provisions of articles 6.1.e) and 14 of Regulation (EU) 2016/399 of the European Parliament and of the Council, of March 9, 2016, which establishes a Code of Union standards for the crossing of people across borders (Schengen Borders Code), any third-country national will be subject to denial of entry, for reasons of public order or public health, unless they belong to one of the following categories:

a) Ordinary residents of the European Union, Schengen Associated States, Andorra, Monaco, The Vatican (Holy See) or San Marino who go to that country, accrediting it with documentation.

b) Holders of a long-term visa issued by a Member State or Schengen Associated State who are heading to that country.

c) Health professionals, including health researchers, and elderly care professionals who are going to or returning from their work activity.

d) Transport personnel, seafarers and aeronautical personnel necessary to carry out air transport activities.

e) Diplomatic, consular, international organisations, military, civil protection and members of humanitarian organisations, in the exercise of their functions.

f) Students who carry out their studies in the Member States or Schengen Associated States and who have the corresponding permit or visa and medical insurance, provided that they go to the country where they are studying, and that the entry occurs during the academic year or the 15 days prior.

g) Highly qualified workers whose work is necessary and cannot be postponed or carried out remotely, including participants in high-level sports events that take place in Spain. These circumstances must be justified by documentary evidence.

h) Persons traveling for duly accredited imperative family reasons.

i) People who document reasons of force majeure or need, or whose entry is allowed for humanitarian reasons.

j) Residents in the countries that appear in the annex provided that they come directly from them, have transited exclusively through other countries included in the list or have only carried out international transits in airports located in countries that are not included in the annex. In the case of the residents of Algeria, China and Morocco, reciprocity remains to be verified. By resolution of the titular person of the Ministry of the Interior, this annex may be modified.

2. In order not to have to resort to the administrative procedure for denial of entry in the cases provided for in the previous section, we will collaborate with carriers and the authorities of neighbouring States so that travel is not allowed.

3. The provisions of the preceding paragraphs shall not apply at the land border with Andorra or at the control post of persons with the territory of Gibraltar.

4. Airport transits that do not involve crossing the external border will not be modified by the provisions of this order.

5. All of the above must be understood without prejudice to the provisions of Spanish and European Union regulations on international protection.

ANNEX

Third countries whose residents are not affected by the temporary restriction of non-essential travel to the EU through the external borders in the terms set out in this Order:

List valid up till April 11

Due to the possible confusion caused by the information on those who can enter from the UK government website, the information has not been added to this post.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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