Qfyilyi

I am a British citizen and US permanent resident. I rarely need visas. However, I am considering a Mediterranean cruise in the spring or summer of 2019.

Unlike British politicians, I like to plan ahead and be prepared. If I am going to need a Schengen visa, I want to assemble the documentation early next year, so I can apply to the appropriate country as soon as I have an itinerary and it is at most 90 days before travel. Given how things are going, I am preparing for a hard, no-agreement, Brexit.

For trade, that would mean WTO rules. For personal travel, is there a similar fall-back that would allow me visa-free visits to the Schengen countries?

Strictly speaking, this is in the hands of the EU, which maintains two lists, Annex I (countries whose nationals requiring a visa for a short stay, labelled A in the link above) and Annex II (countries whose nationals do not require a visa, labelled B). As a member state, the UK is not on either list, and it falls between two stools in terms of automatically being added to one or the other, so will require EU action fairly soon, otherwise it will be legally impossible to visit under either set of terms.

It's very widely expected that the UK will be added to Annex II regardless of whether a formal exit agreement is reached, and you should expect a decision on that well before March 29th 2019, but as to when it will happen, that's rather a victim of circumstance.

The only thing you can know for sure right now is that you currently can't get a Schengen visa. There is no point in applying for one to be on the safe side. Schengen visas are only issued to nationals, who actually require a visa to enter. Visas are not issued to EEA citizens and citizens of visa exempt countries.

On the list of visa exempt countries, you find since May 2014 the following category:

British citizens who are not nationals of the United Kingdom of Great
Britain and Northern Ireland for the purposes of union law:

• British nationals (Overseas)


• British overseas territories citizens (BOTC)


• British overseas citizens (BOC)


• British protected persons (BPP)


• British subjects (BS)

All British nationals, who are currently not EU citizens, are already now entitled to enter the Schengen area without a visa. If we should get a new category of non-EU British nationals on March 30th next year, I don't see why they should not already be covered by this exemption.

You'll be able to visit without a visa for up to 90 days within a 180-day period.

Can't prove it in the strictest sense, but although the EU may threaten with something else as part of the political game (the US has done this to the EU as well) there's simply no way it's actually going to happen when other low-risk nationalities are visa-exempt. It would be the highest degree of political idiocy.

I don't think anyone knows how yet how this will all work out. One link suggests that there will be free-movement transition period until 2021
https://www.independent.co.uk/news/uk/politics/brexit-latest-visas-travel-free-movement-eu-commission-france-schengen-a8595991.html

On the other hand, some British airlines are nervous and Ryan Air has already warned of significant impact on stock price
https://www.independent.co.uk/travel/news-and-advice/brexit-flights-29-march-2019-flights-passport-customs-uk-eu-roaming-ehic-a8531866.html

I doubt there is anything pro-active you can do at the moment. Even if you apply for a Visa, the issuer wouldn't know what to do with your application since the rules aren't clear yet.

Other reading

https://www.schengenvisainfo.com/no-visa-free-traveling-brits-if-they-exit-the-eu-without-an-agreement/
https://www.schengenvisainfo.com/likelihood-of-post-brexit-uk-falling-under-etias-program-sparks-fury-among-britons/

The problem with visa policies is that they are very often governed by reciprocity: if you don't let my citizens come to your country visa-free, I won't let yours come to mine visa-free (of course this usually does not apply to countries which depend on tourists, for instance).

So, even though it is widely expected that the EU will add the UK to the visa-exempt list, they will not be very inclined to do so if the UK does not grant visa-free travel to all EU citizens. And that's where the problem may arise.

As soon as those Brexiter hardliners say "sorry, but citizens of (pick any of the poorest EU countries with a history of economic migration to the UK) can no longer come to the UK visa-free", the EU will probably reply "sorry, no UK citizen can come to the EU visa-free" (note that this does not apply for existing relationships, like EU-US, but as a matter of principle, I'm pretty sure they will have a hard time accepting it in this case). Then it's a matter of deciding whether principles or the economic impact matter most, and who will chicken out first.

So you may need a visa. Or you may not. Nobody knows. And in the meantime, you can't get a visa. Sorry to say so, but pick a destination outside of the EU if you want to be safe.