The end of the State of Alarm is approaching. With it, the restrictions on mobility both within our borders and across them begin to disappear. In order to clarify the dates and conditions for travelling to Spain, there are some certain restrictions on travel whether made from within the Schengen Area or from outside of Schengen.
The closure of internal borders is regulated by Order SND/439/2020 of 23rd May and establishes that it will be in force until the end of the State of Alarm, which is scheduled for 21st June, after which it will be possible to enter Spain from within the Schengen Area.
This ordinance must be enforced in conjunction with the health measure of compulsory quarantine for all those people who enter Spanish territory in the national emergency.
- Spanish citizens.
- Residents in Spain, who must prove their habitual residence.
- Residents of other Member States or Schengen Associated States on their way to their place of residence
- Cross-border workers.
- Healthcare or elderly care professionals who are going to work.
- Those who are going to stay in Spanish territory for any other exclusively labor reason, including seasonal workers, it necessary to provide documents and proof. This assumption also applies to displaced workers.
- People who provide documents indicate the causes of force majeure or situations of necessity.
- Those persons who enter the border through a tourist corridor regulated by the Order of the Minister of Health, which has the authorization of a pilot programmer for the opening of safe tourist corridors in the Balearic Islands Autonomous Community through the partial lifting of the internal borders’ temporary controls established due to the situation of COVID-19.
- Foreigners accredited as members of diplomatic missions, consular offices and international organizations located in Spain, providing proofs that they are travelling in connection with the performance of their official duties.
- These restrictions don’t apply on personal who work in transport of goods, including the crew of ships, in order to ensure the provision of maritime transport services and fishing activity, and the aeronautical personnel necessary in commercial air transport activities. They also have the right to travel and carry out their work.
On the other hand, order SND/521/2020 on 13th June regulates the crossing of borders from outside the Schengen area from third countries:
In this case, the restriction is on effect until 15th June and the administration has decided to extend it till the end of the national emergency on 21st June. However, there is a possibility indicated in the order itself that it would be possible that the regulation will be extended again after the 21st June until 30th June. At this point, it is not possible to foresee before the end of week.
In the case of people traveling to Spain from outside the Schengen area, the following exceptions are established:
- Usual residents in the European Union, in the Schengen associated States or Andorra who go directly to their place of residence.
- Holders of a long-stay visa issued by a Member State or Schengen Associated State who are on their way to the resident country.
- Cross-border workers. Please bear in mind that a cross-border worker is not the same as a posted worker and in this case only cross-border workers are authorized.
- Healthcare or elderly care professionals going or returning from work.
- Personnel engaged in the transport of goods in the course of their work, which is considered as member of the vessels crew, in order to ensure the maintenance of maritime transport services and fishing activity, and the aeronautical personnel necessary in commercial air transport activities. They also have the right to travel and carry out their work.
- Diplomatic, consular, international organizations, military personnel and members of humanitarian organizations, in the exercise of their duties
- Persons travelling for imperative family reasons with accredited documents.
- People who provide documents indicate the causes of force majeure or situations of necessity or whose entry is permitted on humanitarian grounds.
Regarding the compulsory 14-days quarantine regulated in the order SND/403/2020, both for Spanish citizens and foreigners entering Spain before the end of the State of Alarm. It has limited that they can only move for the following activities:
- Purchasing grocery, medicine and things for basic need.
- Assistance to health centers, services and facilities.
- For reasons of force majeure or necessity.
- To carry out a work activity of an essential sector, understanding as such work activities are necessary at the strictest moment of confinement.
Cross border workers, transporters and crews, as well as health care professionals are excluded from mandatory quarantine, if they have not been in contact with persons diagnosed with COVID-19. Also excluded from these measures are those persons who enter the national territory through a tourist corridor regulated by the Order of the Minister of Health, which regulates the authorization of a pilot programmer for the opening of safe tourist corridors in the Autonomous Community of the Balearic Islands through the partial lifting of the temporary controls at the internal borders established under the COVID-19.
Citizens of Schengen Member States travelling to Spain to participate in an operation of the European Border and Coast Guard Agency are also excluded from these measures.
If you have any questions or you are looking for advice on immigration matters, please do not hesitate to contact AGM Abogados.
Mª Eugenia Blasco Rodellar
Partner Immigration Area