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Brits in Spain risk being caught out by 90-day rule

Brits in Spain risk being caught out by 90-day rule

Mar 11, 2021 | Bylines, News

Bremain Chair Sue Wilson’s latest piece for Yorkshire Bylines:

When the Brexit transition period expired on 31 December 2020, British citizens lost their EU citizenship status. As a result, we became third-country nationals, with visits to Europe now limited to stays of 90 days in any 180-day period. That’s not just in one EU country, but all of them combined.

As British holidaymakers come to terms with the new rules, Britons currently on extended stays in Europe are running out of time. On 31 March, their 90 days will be up.

Many of those currently on extended visits have been in Europe since before Brexit was ‘done’. For those that arrived before the end of the transition period, the option of applying for European residency – under pre-Brexit terms – is still viable for the next three months. New applicants in Spain are being encouraged to register as a matter of urgency but are experiencing delays as regional authorities struggle to cope with demand.

The pending arrival of the Brexit deadline last year encouraged many Brits with long-held dreams of emigration to expedite their plans. By doing so, they ensured the avoidance of more onerous and costly EU entry criteria, as well as improving their future rights as residents. Applicants who can prove they were legally living in an EU country prior to 1 January will qualify for protections afforded us by the Withdrawal Agreement (WA). Whilst the WA does not protect all our prior EU citizenship rights, it provides additional security, not least with regard to healthcare and pensions.

‘Swallows’ in trouble

Not all British citizens currently on extended stays in the EU aspire to becoming residents. Many will be holidaying second-home owners – commonly referred to as ‘swallows’, as they migrate south for the winter. Others may be family members of residents of Spain, perhaps visiting parents or children. While some may have planned to stay for weeks, others only intended a Christmas visit but were caught out by Covid restrictions or flight cancellations. They now find themselves in difficult circumstances, perhaps unaware of the full ramifications of their situation.

In normal times, an extension to the allowed 90-day stay is only granted in the event of ill health or accident, but these are not normal times. The European Union is encouraging member states to be flexible and to grant extensions where necessary, but, ultimately, the decision rests with national governments.

Brexit means Brexit

As of 1 April, any non-resident failing to apply for an extension will officially become an ‘undocumented’ immigrant and could be fined or placed under an ‘expulsion order’. If deported, they could face a ban against re-entry – not just to Spain, but to most other European countries – for up to five years.

During the first Covid lockdown a year ago, Spain made special arrangements allowing thousands of third-country nationals to extend their visit. In May 2020, with Spain under a ‘state of alert’, a three-month extension to the 90-day rule was announced. This time around, and with less stringent Covid measures and travel restrictions, no such extension will be granted. The British Embassy in Madrid has confirmed that the grace period for travellers is no longer valid and added, “Any stays beyond the 90 days in any 180-day period will be dependent on the applicable visas and immigration rules for Spain. This may require applying for a visa and/or permit”.

Paperwork and deadlines

Dealing with Spanish bureaucracy can be difficult at the best of times, especially for those without a firm grasp of the language. Forms in quadruplicate, long lists of required documents (some of which have a very limited shelf life) and a shortage of appointments with the relevant authorities all add to the levels of complexity and anxiety.

In order to apply for an extension to your stay in Spain, you must prove your ability to support yourself during that period. This means demonstrating you have additional travel and medical insurance for the period in question. Any medical insurance must include the cost of repatriation in the event of accident or illness. A return ticket is also required, dated within the timeframe of the extension period, as well as documentation proving you have the financial means to support yourself. All documentation must be translated into Spanish, and any application must be made before the 90-day period comes to an end. Whether the authorities will actively seek out those overstaying their welcome remains to be seen, but police spot checks are commonplace, especially during the pandemic.

Third country reality

Many Brits coming close to the end of their allowed 90 days may be lulling themselves into a false sense of security. Perhaps they believe the Spanish authorities’ response to Brexit will be as lackadaisical as the British government’s response has been. If they are relying on the Spanish authorities needing time to adjust to new arrangements, they may be making a serious error of judgement. Third-country rules may be new to us, but they are not new to Spain, or to any other EU country. They have been applying them to other foreign nationals for years. All that was necessary was for the UK to be added to an existing list. Welcome to the slow lane.

International Women’s Day … 8 March 2021

International Women’s Day … 8 March 2021

Mar 8, 2021 | Bylines, News

I’ve always had mixed feelings regarding events or campaigns aimed at a limited, albeit a discriminated against, sector of society. Is it fair or appropriate to celebrate the social, economic and political achievements of women while leaving men out of the picture?

Bremain Chair Sue Wilson writes for West England Bylines for International Women’s Day:

Perhaps the question shouldn’t be about whether it’s fair, but whether it’s necessary. Until such time as global society truly reflects gender parity for all, then events like International Women’s Day will remain both essential and welcome.

The theme of this year’s International Women’s Day is #ChooseToChallenge. The event’s dedicated website states, “We can all choose to challenge and call out gender bias and inequality” and “to seek out and celebrate women’s achievements.” The day marks “a call to action for accelerating gender parity” and is described as “one of the most important days of the year to raise awareness about women’s equality”, or the lack of it.

One of the most obvious ways that women are discriminated against is in the workplace, with regard to remuneration. Although the gender pay gap in the UK has improved over time, there remains a significant median difference between male and female earnings of 15.5% (in 2020), though this varies considerably across the UK, and across different age brackets.

The UK figure is only slightly higher than the European Union average, which is just below 15%. The percentage varies enormously across the EU, with Romania at only 3% and Estonia, at the other end of the spectrum, at 23%. However, a narrower gender pay gap does not tell the whole story, as it often occurs in countries that have lower levels of female employment.

The Covid pandemic, and its economic fall-out, has had a negative impact on gender equality. Not only are women’s jobs more at risk, but the burden of providing unpaid care has increased disproportionately for women. During lockdown, women have largely taken on the additional roles in the home of teachers, nurses and care providers.

In addition, women are at greater risk from the virus itself, as a higher proportion work in the frontline care sector.

According to the UN Women organisation:

“While everyone is facing unprecedented challenges, women are bearing the brunt of the economic and social fallout of COVID-19.”

Despite women being disproportionately affected by the Covid crisis, many have spectacularly risen above the challenges. The world has watched with admiration, and a hint of envy, as leaders like Jacinda Ardern have demonstrated stability, strength and decisiveness in the face of extreme difficulties. At a time when others – not least our own prime minister – were dithering and uncommunicative, Ardern was making tough, effective decisions, and doing so with compassion, intelligence and honesty.

The appointment, in November 2020, of the first female, woman of colour to the Vice Presidency of America was a huge step forward for women’s rights. Even before the US election was over, the media were already talking of the possibility of Kamala Harris becoming the next president in 2024. The breath of fresh air that Harris (and Biden) have brought to American politics has given a sense of hope and opportunity to women everywhere.

Like Covid, Brexit has also seen strong, courageous women taking centre stage, even in the face of significant hostility. In 2019, another barrier was broken when Ursula von der Leyen became the first female President of the European Commission. Angela Merkel, another significant actor in the Brexit debacle, has been German Chancellor for over 15 years. In stark contrast to some of our own politicians, Merkel has demonstrated an incredible ability to communicate intelligently and clearly with the German public that has us gazing in awe. It is difficult to envisage European politics of the future without her.

If one woman has stood out in the UK over the last five years, for me it would have to be the amazing Gina Miller. She has taken the Brexit battle to the courts and provided much of the opposition to the government, and Brexit, that was woefully lacking in Westminster. Not only has she proved an intelligent, determined and forthright champion, but she has done so at huge personal cost, largely due to discrimination of a much darker variety.

Brexit reminded us, in no uncertain terms, that xenophobia and bigotry are alive and well in the UK. There’s a great deal of work to be done to eliminate discrimination, in all its forms, and to call it out at every opportunity. We cannot afford to be complacent or to leave the hard work to others. We can all “choose to challenge”.

When we consider the women who inspire or impress us, we also look closer to home. Our mothers, grandmothers, sisters, aunts, and daughters may not be famous, but their influence on our outlook and behaviour are just as, and perhaps even more so, significant. As is ours on them. Today is a day to celebrate all women – those we know and love, and those we admire and respect. We celebrate those that have fought tough battles to make it in a male-dominated world. We celebrate those that have raise us and nurtured us. We celebrate those that have educated us and inspired us. We celebrate those in the spotlight, and those behind the scenes, and we promise to do the same tomorrow, when it’s not your special day.
Happy International Women’s Day to us all!

Government pledges £2.5m to provide votes for life for Brits overseas

Government pledges £2.5m to provide votes for life for Brits overseas

Mar 6, 2021 | Bylines, News

2019 Conservative manifesto: “We will make it easier for British expats to vote in Parliamentary elections, and get rid of the arbitrary 15-year limit on their voting rights”.

Our Chair Sue Wilson writes for Yorkshire Bylines about the upcoming Electoral Reform Bill and what it means for those UK citizens living abroad for longer than fifteen years:

Overseas campaigners fighting for the restoration of lost voting rights received a pleasant surprise in this week’s budget. Hidden away in the small print on page 48 was a government commitment to “providing an additional £2.5 million to remove the limit preventing British citizens who live overseas from voting after 15 years”.

 

This news followed on the back of a recent announcement that the government’s manifesto promise – to scrap the 15-year rule – would be included in the forthcoming electoral integrity bill. A Treasury spokesperson said that legislation would be laid before parliament later this year.

Worldwide, over five million UK nationals have been denied their democratic voting rights. The reaction from long-suffering campaigners was a mixture of both relief and scepticism. As many disenfranchised Brits pointed out, we have been here before, only to be disappointed. This time, however, there is an increased sense of optimism that our long wait may finally be coming to an end.

Veteran campaigner, 99-year-old Harry Shindler MBE, has lived in Italy for 40 years and has been campaigning for the return of his lost vote for over two decades. Harry and I have been in regular contact for several years, thanks to Bremain in Spain’s own ‘Votes for Life’ campaign.

On Wednesday evening, it was Harry that first brought the budget news to my attention, following a phone call he’d received direct from Westminster. Harry called to express his appreciation for our support and asked me to “tell everyone that Harry says all your efforts have been worth it”. He told the BBC that “this is an important day for freedom”. Let’s hope his optimism does not prove to be misplaced.

Nothing would give me greater pleasure than to see further substantial progress made in time for Harry’s 100th birthday celebrations this July. Covid permitting, I shall be joining him in Italy to commemorate the special occasion. Next step? Harry casting his vote at the next general election. Now that really will be a day to celebrate, not just for Harry, but for millions of British citizens.

Will those Brits reward the government for finally keeping their manifesto promise? Or punish them for preventing us having a say in the Brexit referendum, that affected our lives so deeply? I guess we’ll find out in 2024. In the meantime, perhaps best to keep quiet, or the government might find a way to wiggle out of their commitments once again.

 

Open letter to Health Secretary Matt Hancock

Open letter to Health Secretary Matt Hancock

Mar 2, 2021 | Bylines, News

Our Chair Sue Wilson has written an open letter to Health Secretary Matt Hancock for Yorkshire Bylines:

Dear Mr Hancock,

As you seem to have been in the media spotlight recently, I thought I would write to you to offer my support and some well-intentioned advice.

Firstly, I’m not sure how frequently you meet with the prime minister, but it often appears as though the right-hand doesn’t know what the far-right-hand is doing. Whether or not you compare notes, you often seem to be singing from different hymn sheets. Getting your stories straight would be a good place to start, as any good cop or lawyer will tell you.

Working for a boss that takes all the credit when things go well cannot be easy, especially when he makes you deliver the bad news. And to be fair, there’s been plenty of bad news. Still, it’s good to see you holding your own and borrowing from the boss’s methods by taking credit for the work of “your team”. I assume, by that, you mean the wonderful, and massively overstretched, NHS, who have proved themselves time and time again throughout the covid crisis. It’s puzzling that the chancellor doesn’t seem to think they deserve a decent wage after all they have been through. If only you’d seen fit to give the NHS the important task of test and trace, where might we have been now? How is Dido by the way? We haven’t seen much of her lately.

You’ve been getting a lot of stick lately – not least from Piers Morgan and Jolyon Maugham – over the whole ‘contracts for cronies’ scandal. I appreciate that these are times of national crisis, and that normal rules don’t apply, but you need some better excuses I’m afraid. Declaring that breaking the law was in the “national interest”, and that given half a chance you would do it again, was probably not the best of defences.

I’m sure that being taken to court at a time like this must be inconvenient to say the least. Such a shame you didn’t just own up to getting it wrong before it got that far. You could have saved the taxpayer a small fortune, and yourself considerable embarrassment. Instead, it was rather silly of you to claim after the fact that there had never been a shortage of PPE when every nurse and doctor had so much evidence to the contrary!

You could ask your boss for some pointers on how to get away with telling porkies. He’s so much better at it than you. Perhaps you have designs on Number 10 down the road? If that’s the case, I can think of better role models for you to emulate than Mr Johnson. I’m sure he’s a lot of fun down the pub, but these are times when the grown-ups should take charge.

I was pleased to see that you had the good sense to remove a photo of your mate’s pub from your office wall. Better late than never. I did look as though you had replaced it with a cycling proficiency certificate, but I know you’re not that daft! It’s a shame you moved rooms though as, we did enjoy your earlier Zoom sessions. I know having a Union Jack in plain sight is now de rigueur, but I don’t believe any other Cabinet minister went as far as having the Queen’s portrait as background.

My apologies if this all seems like unfair criticism, but I promise I’m only trying to be helpful. I do believe that you are one of the hardest working and most intelligent members of Cabinet, though that is a low bar, I admit. You have it within you to do a better job. You must have, surely.

And I don’t mean to detract from the amazing progress of the vaccination programme. At last, the UK really is world-beating at something, even if it is just the delivery of the first vaccine dose. You are right to hold this up as a fantastic achievement. However, what the country would welcome is some recognition of the terrible death toll, and your government’s part in that. Better yet, a sincere apology wouldn’t go amiss. Furthermore, you are asking the country to take “personal responsibility” to protect themselves against covid. Setting a good example with your own errors would be a good place to start.

I have one final ask. If you could see your way clear to supporting the families of those that have sadly died, that would help mitigate the terrible human cost of covid and government policy. A useful way to start would be to abandon government plans to effectively block families access to justice. Threatening the bereaved with heavy government legal fees is not a good look. Tell your boss!

Finally, I’d like to thank you for wrapping your arms around care homes and around the vulnerable in our society. Consider this letter my return hug. I have sent you a friend request on Facebook, which I hope you will accept. Did I mention I have a nice little company that is ready and willing to work for the government at a moment’s notice? I don’t have any experience of delivering PPE, or tests, or vaccines, but I’m sure we’ll pick it up quickly as long as you can pay in advance!

Yours sincerely,

Sue Wilson

Will the electoral integrity bill reduce or increase democratic participation?

Will the electoral integrity bill reduce or increase democratic participation?

Feb 23, 2021 | Bylines, News

Our Chair Sue Wilson wrote this piece for Yorkshire Bylines about the upcoming bill:

A new electoral integrity bill will form part of the Queen’s Speech this spring, according to the latest government announcement. The controversial proposals, requiring the production of photo ID when casting ballots, are due to be in force by the time of the local elections in 2023. The government claims the new measures will “strengthen the integrity of UK elections”, though campaigners disagree, claiming that millions will be prevented from exercising their democratic rights as a result.

Despite the supposed justification for the proposal, there’s no evidence to support the government’s claims of electoral fraud. In March 2020, the Electoral Commission reported that “there was no evidence of large-scale electoral fraud in 2019”. A total of 592 cases of alleged electoral fraud were investigated by the police that year, with only three leading to a conviction and one to a police caution.

The human rights campaign Liberty has condemned the plans as undemocratic and questioned the government’s justification for such action. Sam Grant, Liberty’s head of policies and campaigns said, “In a healthy democracy everyone should have the right to vote”. He described the introduction of mandatory voter ID as “a very real threat to this right”.

Chief executive of the Electoral Reform Society, Darren Hughes, warned that the new proposals would disadvantage “older voters, people of colour and those on low incomes”. Hughes went on to say that, “rather than pulling up the drawbridge to large groups of voters, ministers should deal with bringing in the nine million people who are missing from the electoral register”.

In the US since 2010, 12 states have passed laws requiring the production of photo ID when voting, or when applying to register online. A 2017 nationwide study confirmed that black, Asian and minority ethnic (BAME) communities were disproportionately affected and were more likely to suffer voter disenfranchisement as a result of tougher restrictions. It showed that the gaps between BAME and white voting numbers were significantly wider in states with stricter voter ID laws.

British citizens who have lived abroad for more than 15 years make up a significant portion of those ‘missing’ from the register. As part of the electoral integrity bill, the government has committed to restoring lost voting rights to millions of British citizens living overseas. Although much of what’s in the new bill is likely to reduce democratic participation, removing the 15-year rule would be a welcome move.

The restoration of British emigrants voting rights – like the voter ID proposal – is not a new idea, but one that formed part of the Conservative Party manifesto. However, the indefinite extension of voting rights for Britons abroad also appeared in the previous party manifesto. And the one before that. So, it’s little wonder that those long denied their democratic right to vote in UK elections are more than a little sceptical about current government promises being met.

After the 2015 general election, the government committed to scrapping the 15-year rule. A year later, this was followed by the publication of a policy document: ‘A democracy that works for everyone’. A further commitment to introduce ‘votes for life’ appeared in the 2017 manifesto, followed by the overseas voters bill 2017–2019 – a private members bill that never made it past the ‘report stage’ in parliament. I remember it well, as I watched from the House of Commons public gallery as the bill was ‘talked out’ by serial filibusterer and ERG member, Philip Davies, MP for Shipley.

Under the heading of ‘Protect our democracy’, this short mention appeared in the 2019 Conservative manifesto: “We will make it easier for British expats to vote in Parliamentary elections, and get rid of the arbitrary 15-year limit on their voting rights”.

In correspondence received from the Cabinet Office in 2020, the government recognised the connection Brits abroad have with their homeland. It said, “most British citizens overseas retain deep ties to the United Kingdom. Many still have family here, some will return here, others are drawing a British pension after a lifetime of hard work and some may have fought for our country”. I await, with interest a response to my, as yet unanswered, enquiries submitted this and last month.

Despite deep connections with ‘home’, many Brits abroad have no say in British matters. Thanks to Brexit, many have no democratic voting rights left anywhere. Our voices are silenced, our democratic rights denied, no matter how loud we might shout. Regardless of whether we choose to live in Margate or Madrid, we are still British, and decisions made in Westminster affect our lives.

To the public and politicians alike, Brits abroad are out of sight, out of mind. We made a decision to leave the country and we should live with the consequences, regardless of how strong our ties with the UK might be. The government, apparently, agrees with us – we should be able to vote regardless of where we lay our hat.

The right to vote is widely recognised as a fundamental human right. In the Universal Declaration of Human Rights (Article 21), it states that, “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives”.

We will follow the progress of the new bill with interest, but with more than a little scepticism. Like many before us, we will hold on to the hope that this time will be different, despite the many disappointments of the past.

We’ve been patient, as the numbers of disenfranchised voters have grown. We’ve watched from a distance as major decisions about the future of the UK have been made without our involvement. Decisions that affect us deeply. It’s time to give us the voice we’ve so long been promised, and in time for the next general election. Even if the government might not like what we have to say.

Is retirement in Spain now out of the question?

Is retirement in Spain now out of the question?

Feb 17, 2021 | Bylines, News

This article by our Chair Sue Wilson first appeared in West England Bylines on February 10 2021.

If you have ever cast an eye over a foreign estate agent’s window, you’ve probably considered moving abroad. For some, that’s just a fleeting fantasy, induced by sun, relaxation, and perhaps a glass or two of vino. For others, it’s the start of a dream, or even a journey.

From a young age, I dreamed of living by the sea. Those dreams were based on happy childhood memories of monthly visits to family in Dorset. The beaches were glorious and the people, and the weather, always seemed to be warm and sunny. Then at 18, I discovered a different kind of heat – and coastline – on my first trip to Spain. It was love at first sight. Spain has now been my home for 14 years, and always will be.

Moving house is said to be the third most stressful event in anyone’s life, with only the death of a loved one and divorce considered more traumatic. Even if your move is local, the complexity of the tasks and the anxiety of waiting for decisions, especially financial ones, can be immense. Choosing to move abroad is on another scale entirely.

Spain has long been the most popular European destination for migrating Brits, closely followed by France. While the weather has always been a significant factor, the charms of European landscapes, culture, people and lifestyles should not be underestimated.

Despite media stereotypes of retired expats sipping gin at the golf club, or worse still, at the local “British” pub, only 20% of Brits in Europe are actually pensioners. Although that figure rises to 25% in Spain, the vast majority of British immigrants are younger, working people or students. Most are integrated into local society, many having lived abroad for years, if not decades.

Another common misconception about Brits abroad is that they are all relatively well off. While it’s true that some have the means to afford property in the UK and abroad, most of us don’t. In fact, many in Spain are on low incomes, some having moved specifically because their money goes further here. Those with means will cope with new financial requirements, but migrants with lower incomes may not.

I am fortunate to live in a mortgage-free, detached two bedroom villa, with a nice garden and a swimming pool. I have a quality of life I could never hope to achieve in the UK, and thanks to the lower cost of living, my husband and I are able to live well, and within our means. Our British state pensions are our only source of income. We would never be able to afford our current lifestyle in my home-town of Oxford.

It takes a certain kind of bravery to pack up your lives, leave family, friends and careers behind, and start afresh, especially in a foreign language. That journey was made so much easier for us by the freedom of movement, and lack of barriers, that our EU citizenship provided.

Many more have joined the ranks of Brits in Europe recently – some much earlier than originally intended – in an effort to become legal residents before the end of the Brexit transition period. As a result, they have secured their right to live in Europe, and the added protections afforded us by the Withdrawal Agreement. While it doesn’t protect all the rights and benefits we enjoyed as EU citizens, it does preserve many of them.

Thanks to Brexit, how many Britons will have to abandon their long-held dreams of ‘living in the sun’, now EU immigration has become more difficult and expensive?

British migrants now face the same hurdles in applying for Spanish residency as other third country nationals. To work in Spain, they will need to apply for a work visa, having first secured a job offer. Although many of the complex administrative arrangements would be dealt with by the prospective employer, the issue is more one of employability. British citizens are finding their job prospects in Europe considerably reduced, as employers favour EU citizens. Not only does it save them considerable bureaucratic hassle, but it means those employees can freely travel to other European countries on business.

Should you decide to complete your working days in the UK, what are your emigration options as a pensioner? You can apply for a Spanish “retirement visa” if you can meet a number of conditions. You would need to provide the following, with all documents having been translated into Spanish:

a medical certificate stating you have no infectious diseases
proof of medical insurance cover
no criminal record
proof of financial resources
in some cases, proof of accommodation, such as a year’s lease or property title
Those financial resources equate to having a healthy bank balance (over £26,000), or a guaranteed monthly income. For a married couple, that monthly income is equivalent to around £2,400. Anyone reliant exclusively on a British state pension for income, like myself, would not meet the financial threshold. Not to mention that private healthcare for the over 65s is expensive, especially for anyone with pre-existing medical conditions.

After all that effort – assuming the criteria for residency were met, your initial retirement visa would only last for one year. All rather different from the ease with which I packed up myself, and my house, and got on a plane in 2007.

The easiest way (for some) to secure residency in Spain, or any European country, is the “Golden Visa” scheme. Invest one million euros in a Spanish company or buy a property worth more than €500,000. No worries – we’ll take two of those!

 

Nice for those with the cushion of a healthy bank balance, but as with so many aspects of Brexit, it’s those with the least that will lose out the most. The sunlit uplands of many a future retirement may, by necessity, be a bit closer to home than you’d hoped.

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    Wow! May George Galloway should just defect to Russia.

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    Former MP and all-round embarrassment George Galloway is in Moscow for Putin’s parade.

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    Oh dear. No ‘Art of Deal’ in operation here then

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    UK must rebuild trade ties with EU, says Bank of England chief
    'It is important we do everything we can to ensure that whatever decisions are taken on the Brexit front do not damage the long-term trade position,' Andrew Bailey says
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    UK must rebuild trade ties with EU, says Bank of England chief

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