Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK...

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21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national contingency measures ensuring the residence rights of UK nationals who are legally residing in a Member State at withdrawal date in a no deal scenario. This is an overview of national preparations by the EU27 Member States ensuring that – in the case of a no deal withdrawal – UK nationals who are legally residing in a Member State at withdrawal date will continue to be considered as legally residing. This information does not reflect the official opinion of the European Commission. Responsibility for the information and views expressed therein lies entirely with the relevant national authorities of the Member States. Please note that the situation may evolve, in particular as regards measures that have not yet been finally adopted. Please check regularly with the competent national administration for the latest information. a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures? What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it? Are non-EU/UK family members of UK nationals covered? How long does the measure apply? What happens after the expiry date of the national contingency measures? a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence? Additional advantages conferred to UK nationals in national contingency measures? Belgium a) The legislative act of 3 April 2019 provides that pre-Brexit residence permits (under free movement) remain valid during a transitional period until the 31 December 2020. b) A law has been adopted and published but will only come into force by Royal Decree which will be adopted when the UK withdraws from the EU (without a deal). Residence rights of UK- nationals are guaranteed, including i.a. their right of work without a work permit. a) Existing residence permits as EU nationals remain valid. If they expire during transitional period, they can be prolonged upon application. b) No application needed, except if existing permit expires. UK-nationals whose residence permits run out in that period can have them prolonged until 31 December 2020. Pending applications for UK-nationals and their family members at the moment of the withdrawal will be treated according to the rules applying before the withdrawal. c) No, but the legislative act will only be valid until 31 December 2020. d) No since no application is needed. Yes. Same rules as for UK nationals, provided family relation predates withdrawal date The measures will cover the period until the end of 2020. This period can be modified by Royal Decree. No decision has been taken yet. a) Yes b) Yes, it will be available to UK nationals who have already been lawfully resident in a Member State for over 5 years.

Transcript of Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK...

Page 1: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

21 August 2019

Residence rights of UK nationals in EU27 Member States

All EU27 Member States have adopted or prepared national contingency measures ensuring the residence rights of UK nationals who are legally residing in a Member State at withdrawal date in a no deal scenario. This is an overview of national preparations by the EU27 Member States ensuring that – in the case of a no deal withdrawal – UK nationals who are legally residing in a Member State at withdrawal date will continue to be considered as legally residing. This information does not reflect the official opinion of the European Commission. Responsibility for the information and views expressed therein lies entirely with the relevant national authorities of the Member States. Please note that the situation may evolve, in particular as regards measures that have not yet been finally adopted. Please check regularly with the competent national administration for the latest information.

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Belgium a) The legislative act of 3 April 2019 provides that pre-Brexit residence permits (under free movement) remain valid during a transitional period until the 31 December 2020. b) A law has been adopted and published but will only come into force by Royal Decree which will be adopted when the UK withdraws from the EU (without a deal).

Residence rights of UK-nationals are guaranteed, including i.a. their right of work without a work permit.

a) Existing residence permits as EU nationals remain valid. If they expire during transitional period, they can be prolonged upon application. b) No application needed, except if existing permit expires. UK-nationals whose residence permits run out in that period can have them prolonged until 31 December 2020. Pending applications for UK-nationals and their family members at the moment of the withdrawal will be treated according to the rules applying before the withdrawal. c) No, but the legislative act will only be valid until 31 December 2020. d) No since no application is needed.

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

The measures will cover the period until the end of 2020. This period can be modified by Royal Decree.

No decision has been taken yet.

a) Yes b) Yes, it will be available to UK nationals who have already been lawfully resident in a Member State for over 5 years.

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a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Bulgaria a) Free movement rights of UK nationals and their family members, who are legally residing on withdrawal date, are preserved Upon application, new residence permits will be issued within a month after a case-by-case check. In the meanwhile, temporary certificates will be issued. b) Amendments to the Law on Foreigners in the Republic of Bulgaria were adopted by the National Parliament on 12 April 2019 (Promulgated, SG, issue 34/2019) and will enter into force on the day following the date of Brexit.

Right to reside, work as an employee/ self-employed and study.

a) UK nationals with residence in Bulgaria before Brexit date would need to reregister under the national scheme. b) Applications will be accepted as of the day following the date of withdrawal. The new documents will be issued within а month. In the meantime, UK nationals will be issued temporary certificates. c) 31/12/2020 d) The fee for issuing a residence permit will be the same as the fee for EU citizens for the same kind of service

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

The certificates that are currently issued to UK nationals will be recognized until the end of 2020 or their expiry date - should it come before that.

In the period between Brexit and the end of 2020, these certificates will be replaced by residence permits issued in the common format of Regulation 1030/2002.

a) Yes b) UK nationals and members of their families are entitled to a permanent residence permit if they have resided legally and continuously on the territory of Bulgaria for a period of five years on the basis of a long-term residence permit.

The site of the Bulgarian Ministry of Interior has a special section on Brexit which provides useful information with regard to rights of residence, also including frequently FAQs https://www.mvr.bg/en/about-the-ministry/brexit/information-about-brexit

Czech Republic

a) Ad hoc legislation providing for a grace period from the withdrawal date until the 31 December 2020 b) The Brexit Act was approved by both Chambers of the Parliament of the Czech Republic (on 23 January and 27 February). It was published on 14 March 2019 as Act no. 74/2019 Coll. the English version of the Brexit Act visit website: https://www.brexitinfo.cz/wp-content/uploads/2019/03/BREXIT_ACT_No_74_2019.pdf

- Residence rights - Possibility to apply for a long-term/permanent residence from within the CZ - possibility to obtain the citizenship of the Czech Republic - access to labour market and unemployment benefits - access to social security benefits and carer’s benefit - provisions on income tax, participation in building savings scheme and pension schemes, recognition of professional and specialized qualification etc.

a) UK nationals possessing a certificate of registration, the document confirming right of permanent residence as well as residence or permanent residence card of their family members will be considered as possessing the right of residence or permanent residence. UK nationals who applied but whose application was not granted by 29 March 2019 will be able to stay until their application is processed. b) UK nationals who are holders of residence permits according to free movement directive will be able to lodge new applications from 30 March 2019 c) Before 31 December 2020 d) The third country nationals’ regime on fees will be applied. For more information, see: https://www.mvcr.cz/mvcren/article/third-country-nationals-fees.aspx

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

Until 31 December 2020

The third country nationals’ regime will be applicable.

a) Yes b) Yes

UK nationals are granted a special regime with regard to applying for long-term and permanent residence in that they can apply directly from within the CZ, without the need to travel abroad.

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a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Denmark a) Temporary transitional scheme extending almost all existing rights under EU law for UK nationals and their family members legally residing in and/or working in Denmark under free movement on the withdrawal date. b) On 19 March 2019 the Danish Parliament adopted a legislative proposal on citizens’ rights which will enter into force by a ministerial order to be issued by the Minister of Immigration and Integration, if the United Kingdom withdraws from the EU without an agreement.

Residence rights, labour market access, access to various social benefits, social security, health care, education, student grants and recognition of professional qualifications.

a) UK nationals and their family members, who hold residence documents issued in accordance with EU free movement rules, do not need to do anything, as these will continue to be valid in the temporary transitional period. UK nationals and their family members without such documents are encouraged to submit an application for such documentation before the withdrawal date. It is expected that those documents will be phased out by the end of 2019 and replaced by residence cards issued in accordance with Regulation (EC) 1030/2002. The application and verification procedures to be introduced in this regard have not yet been finalized. b) No decision on this matter yet. c) No decision on this matter yet. d) No decision on this matter yet.

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date. Applications for family reunification with regard to family relations established after the withdrawal date will be handled in accordance with national rules set out in the Danish Aliens Act.

Temporary until further notice.

The temporary transitional scheme will apply until replaced by a permanent solution. The Danish Government will continue the work on a permanent scheme for UK nationals legally residing in Denmark, while taking into account the outcome of the negotiations in Brussels – and preferably based on a coordinated EU27 approach.

a) No, Directive 2003/109/EC does not apply to Denmark b) Yes. UK nationals arriving in Denmark after the withdrawal date can obtain permanent residence according to national legislation. As a rule, permanent residence is obtained after 8 years of legal residence.

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a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Germany a) An exemption from the requirement of a residence permit initially for the first 3 months (i.e. transition period) after the withdrawal date for all UK nationals and their family members residing in Germany in accordance with the German law transposing Directive 2004/38/EC on withdrawal date. b) The measures will enter into force at the moment of the withdrawal.

During the transition period, UK nationals formerly exercising their freedom of movement rights in Germany will have the right of residence with unlimited access to the labour market and to work as self-employed, to study and to do research

a) During the transition period, citizens would need to apply for a residence status under third country nationals’ regime if they wish to stay in Germany beyond the transition period. b) During the transition period. c) Expiry of the transition period. d) Not yet determined

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date.

Transition period initially for the first 3 months after withdrawal; prolongation for another 6 months foreseen.

The third country nationals’ regime will be applicable. Germany will prepare the necessary framework conditions for everyone formerly exercising their freedom of movement rights in Germany in accordance with the German law transposing Directive 2004/38/EC to being able to stay and have access to the labour market

a) Yes b) Yes, in principle after 5 years of residence

UK nationals arriving after withdrawal date are exempted from the requirement of a residence permit for the first 3 months after the withdrawal date. Afterwards this group will be granted the privilege to obtain a residence title after entry and unlimited access to the labour market, initially until the end of 2020.

Estonia a) UK nationals’ right of residence will be converted automatically by law to residence permits. b) Brexit Bill adopted on 21.02.2019

UK nationals and their family members residing legally before date of withdrawal may continue to stay, work and study under the same conditions as before

a) UK nationals need to exchange their residence documents to the relevant residence permits. b) Applications to exchange residence documents become possible after withdrawal. c) Current residence documents are valid only within Estonia up to the end of their expiry date. For travel purposes, the current residence documents are valid until 31.03.2020. d) State fee for exchange residence documents is EUR 25, persons under 15 year EUR 7

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

Residence documents issued to UK nationals and family members before date of withdrawal will be recognized within Estonia until the end of their expiry date.

UK nationals and their family members who resided before the date of withdrawal preserve their status if they have not left from country.

a) Yes b) Yes. All UK nationals, who resided before the date of withdrawal less than 5 years obtain national permanent residence permit.

Information to UK nationals in Estonia concerning guidance and timeframes has been provided directly. Additional information is available on www.eesti.ee/en and other government web pages: https://www.siseministeerium.ee/en/activities/citizenship-and-migration/brexit Several seminars for UK residents in Estonia have been organised to explain procedures and respond to questions. It is

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a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

possible to ask individual questions directly via client information phone number or from migration advisers https://www2.politsei.ee/en/questions.

Ireland a) UK nationals have a right to reside in Ireland under the Common Travel Agreement. b) Info not provided

A no deal Brexit will have no implications for UK nationals’ rights to reside in Ireland.

a) UK nationals are not required to register their residence in Ireland and do not receive registrations documents. No residence permits will be issued to UK nationals b) Info not provided c) Info not provided d) Info not provided

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

Permanent n/a a) No, Directive 2003/109/EC does not apply to Ireland b) Info not provided

Greece a) UK nationals residing or entering the country will enjoy a grace period until the end of 2020. During this period, existing rules regarding residence, as set out in the Free Movement Directive, will apply to UK nationals and their family members. b) Law 4604/2019 (art. 123-127), Official Gazette A’ 50/26.3.2019. Pending amendment regarding the withdrawal date

UK nationals legally residing in EL before the withdrawal date may continue to stay, work and study until the end of 2020 under the same conditions and with the same rights as before.

a) The validity of residence documents issued to UK nationals and their family members under the Free Movement Directive before 29 March 2019 will be extended. These documents will be considered as temporary national residence permits until the end of 2020. UK nationals who reside in the country without having a registration certificate, and also those entering until the end of 2020, will have the opportunity to register and to stay according to the rules in force before the withdrawal date. b) Info not provided c) Info not provided d) No fee

Yes. Same rules as for UK nationals, provided family relation predates the end of the grace period

Until the end of 2020

As of 1 January 2021 all documents will be replaced by residence permits issued in the common format of Reg. 1030/2002. UK nationals will need to apply for the new documents 2 months before the end of the grace period

a) Yes. UK nationals can apply for the EU Long Term Resident Status without integration requirements. b) UK nationals can also apply for national permanent residence status under the condition of a continuous stay of 5 years and the examination of reasons of public order and security.

Access to EU Long Term Resident or national permanent resident Status without integration requirements

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a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Spain a) Ad hoc contingency legislation for UK nationals and their family members legally residing in Spain before the withdrawal date providing for a 21 months grace period. b) On 1 March 2019 the Spanish Government adopted the ad hoc contingency legislation. c) The ad hoc contingency legislation was developed by the instructions adopted by the Council of Ministers on 22 March 2019.

During the 21 months grace period: residence, work as employee or self-employed.

a) Since EU citizens in Spain have to be registered, during the 21 months period, registration certificates issued under Directive 2004/38/CE will be recognised to prove legal residence in Spain and replaced by residence permits issued in the common format of Regulation (EC) 1030/2002. UK nationals are strongly encouraged to register before withdrawal date. For UK nationals who do not have a registration certificate by withdrawal date but were residing in Spain before, a specific process is foreseen to obtain a residence permit (fulfilling the conditions of the free Movement Directive which are the ones established in the ad hoc legislation adopted). The receipt of the application will be considered proof of legal residence. b) First applications will be accepted after the withdrawal date. c) Applications must be provided until the end of the grace period. d) Info not provided

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

21 month grace period starting from the withdrawal date

a) Yes b) Yes, after 5 years of residence.

France a) UK nationals residing regularly in France before the Brexit date will benefit from a

During the grace period, UK nationals residing

a) An online application for a residence document is envisaged in order to

Yes. Same rules as for UK nationals, provided

The grace period will last

UK nationals applying after the grace period

a) Yes. UK nationals and their of family members who have been residing

The integration condition will not

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a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

grace period of one year from the date of withdrawal of the United Kingdom during which, subject to reciprocity, UK nationals may continue to reside in France without a residence permit. b) In accordance with the ordonnance of 6 February 2019, the decree of 2 April 2019 provides for a grace period of 12 months).

regularly in France before the Brexit will still be able to enjoy their residence rights, their social rights and their right of work without a work permit.

avoid unnecessary travel in prefecture. b) Applications will be possible from the date of withdrawal of the United Kingdom with the envisaged online application. c) UK nationals will have to apply within six months from the Brexit date d) EUR 119

family relation predates withdrawal date

for 12 months after the Brexit date.

will be treated as third country nationals.

regularly in France for over 5 years will be issued an EU long-term residence card, with a validity of 10 years. Periods of legal residence prior to the British withdrawal are taken into account. The same title will be issued automatically to UK nationals and their family members who had been granted a permanent residence permit before the withdrawal of the UK from the EU in accordance with the Free Movement Directive. b) Access to national permanent residence permit may be granted to UK nationals if they explicitly ask for it: however in this case, they will not benefit from any simplification compared with other third country nationals.

be applied to UK nationals to obtain the status of EU long-term resident. In addition to this, we can highlight the absence of requirement for a long-stay visa, for signing a contract of Republican integration, for a work permit or for medical examination. A governmental website has a "Frequently Asked Questions" section with the latest information on Brexit for both scenarios, with and without a withdrawal agreement.

(https://brexit.gou

v.fr/sites/brexit/ac

cueil.html).

Croatia Act on EEA nationals and their family members has been adopted. It also contains provisions aimed at guaranteeing the residence status of UK nationals and their family members, who on the day of departure of the UK from the EU have already registered their temporary or permanent stay or have been issued with a residence card pursuant to Title X of the Aliens Act.

Continued enjoyment of existing residence status and right to work without need for additional authorisation(for UK nationals and their family members, who on the day of departure of the UK from the EU have already registered their temporary or permanent stay or have been issued with a residence card)

a) Having in mind the personal scope of these measures (UK nationals and their family members, who on the day of departure of the UK from the EU have already registered their temporary or permanent stay or have been issued with a residence card), UK nationals and their family members residing in Croatia who intend to continue residing, are recommended to register their residence in line with the provisions of the current Aliens Act if not yet registered. Residence documents already issued under the Aliens Act will be recognised

Yes. These temporary national residence permits are valid for maximum one year from the date of no deal Brexit (or until their expiration date, if the said date is shorter).

The legislation is currently planned as a no-end date. The residence documents need to be replaced within a year from the date of no deal Brexit by new residence permits issued in the format laid down by Regulation 1030/2002.

a) Yes b) Yes, 5 years

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a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

as temporary national residence permits for UK nationals and their family members (category mentioned above). b) Accepting applications for exchanging the temporary national residence permits after no deal Brexit date. c) New residence card needs to be applied for within a year of the date of no deal Brexit or upon expiration (if the said date is shorter). d) Info not provided

Italy a) Legislative measures (art. 14, Law

Decree n. 22, 25 March 2019 as amended

by Law n. 41, 20 May 2019) maintaining

the existing legal framework of rights in

order to ensure that UK nationals who are

legally resident as of the withdrawal date

in Italy under EU law will have recognized

the conditions and the time needed to

request and obtain long-term residence

status foreseen by Directive 2003/109/EC.

b) Law decree adopted by the Italian Government on 25 March 2019, amended by the Italian Parliament by Law on 20 May 2019.

Continued enjoyment of the framework of current rights (e.g. access to medical care, employment, education, social benefits and family reunification).

a) UK nationals living and working in

Italy will have to hold a residence

document under Italian Law (art. 9,

par. 1 and 2, Legislative Decree n.

30/2007), being registered at the

Register Office of their Italian

municipality of residence before the

withdrawal date.

b) Applications and issuing of permits

after the withdrawal date. It is

foreseen a transitional period, starting

from the withdrawal date until 31

December 2020.

c) 31 December 2020.

d) Same fees for national permit residence.

Yes, provided that family relationship and national residence predates withdrawal date. Otherwise, Third Country National status applies.

Lifelong protection.

a) Yes. Only some of the conditions of

Directive 2003/109/EC (see Law Decree

25/03/2019 n.22 amended by Law

20/05/2019 n. 41, art. 14, par. 2, 3, 4,

5).

b) UK nationals and their relatives who

have already been lawfully and

continuously resident in Italy for over 5

years can obtain national permanent

residence. The continuity of residence is

not affected by absences not exceeding

six months per year. For some reasons,

such as pregnancy and maternity leave,

serious illnesses, study or professional

training or posting due to working

reasons, the period of absence not

affecting the continuity of residence

can reach up to twelve consecutive

months. In case of military service, it is

possible to be absent from the national

territory for the duration of the service.

National permanent residence is revoked by absence from Italy exceeding six years and by absence from the European Union exceeding twelve consecutive months.

Conditions for EU citizens in order to acquire the right to Italian citizenship will be applied to UK nationals, if those conditions are met by the withdrawal date and the application is presented before 31 December 2020.

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a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Cyprus a) A legislative proposal is to be adopted to protect, even in a case of a ‘no deal’ scenario, the residence rights of UK nationals and their family members, including family members who are third country nationals, by unilaterally implementing, as far as possible, the provisions of the Draft Withdrawal Agreement. The envisaged law is intended to apply to UK national and their family members, who were residing in Cyprus on 29 March 2019 in accordance with EU rules on free movement. b) Info not provided

British nationals who are legally resident in Cyprus before the UK’s withdrawal will retain their right to work in Cyprus. This will also apply to family members of British nationals who are third country nationals.

a) Residence documents under the directive 2004/38/EC will continue to be valid, until 31/12/2020. b) New applications for people covered by the new legislation will be accepted from 1/1/2021. c) Info not provided d) Info not provided

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

Residence documents under directive 2004/38/EC will continue to be valid, until 31/12/2020

New applications for people covered by the new legislation will be accepted from 1/1/2021.

a) Yes b) Info not provided

Cyprus prepared a Policy paper for the No deal Scenario on the terms of the procedures which includes the citizen’s rights of UK nationals and their family members, expected to enter into force as soon as there is a final procedure set out according to the new legislation.

Page 10: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Latvia a) Law “On Judicial Cooperation and Protection of Persons' Rights during the Transition Period after the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union” b) Law adopted on 21 March 2019

All rights stipulated in the Directive 2004/38 will be granted – to reside, work, study, to engage in self-employed activities.

a) Information letters will be sent out after the Brexit date. b) Accepting first applications – immediately after the Brexit date. Delivery of first permits – in one month time from the Brexit date. c) 31 December 2020 d) No fee for examination of application. Though there will be fee applied for issuance of the eID card (EUR 14.23 when issuing the eID card in 10 working days or EUR 28.46 when issuing eID card in 2 working days), which is equal to the fee that citizens of Latvia are paying for issuance of eID cards.

Yes. The relevant conditions stipulated in the Directive 2004/38 are applied.

The transitional period for UK nationals and their family members to renew their residence rights and during which certificates issued to them under Directive 2004/38/EC will be recognized as temporary national residence permits will last until 31 December 2020.

The third country nationals’ regime will be applicable if UK nationals will not renew their status until 31 December 2020.

a) Yes b) Yes, after 5 years residence

Individual letters to the UK nationals will be sent to the registered address in Latvia explaining procedure for renewing residence rights, as well as deadlines and consequences if the deadlines are not met. Additionally there will be information on the webpage of the Migration Office and, if needed, experts are ready to meet UK nationals’ diaspora in order to explain procedure and to answer questions.

Lithuania a) The Parliament passed Brexit related amendments to the Law on the Legal Status of Aliens, which will come into the effect on the day of the withdrawal of the UK from the EU. It allows all UK nationals and their family members, residents of Lithuania before the Brexit, to continue residency in Lithuania. b) Adopted 11 April 2019

Right to: - reside, - work as employee, - work as self-employed. The right to study or do research will be granted on the already existing provisions for the third country nationals.

a) Application. b) After the Brexit. c) 9 months from the withdrawal. d) No fee.

Yes. A transitional period of 9 months from the Brexit is provided for changing the legal status of affected persons.

New amendments provide for new ground for the UK nationals and their families to obtain the residency permit in Lithuania under more favourable terms

a) Yes. b) No.

UK nationals who did not reside in Lithuania before the Brexit will be able to acquire the residency permit under more favourable terms.

Page 11: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Luxem-bourg

a) On 18 January 2019, the Government decided that British nationals and their family members already living in Luxembourg on the eve of the withdrawal date will be able to continue using their residence documents, issued under Directive 2004/38/EC, as proof of residence during a grace period which will run for a year after the withdrawal date. b) Measures have been adopted and published in the Official Journal of the Grand Duchy of Luxembourg (Law of 8 April 2019).

Right to reside, work, study or do research.

a) Application for a residence document as a third-country national. b) Luxembourg plans to accept first applications before the withdrawal date, if possible. Luxembourg does not envisage delivering residence documents before the withdrawal date. c) The application deadline will be three months prior the end of the one-year period of grace, i.e. nine months after the withdrawal date.

d) Fees applicable to third country nationals’ documents

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

One year after the withdrawal date.

After the grace period, UK nationals will need to have a third country national residence permit, for which they can apply up until 3 months before the end of the grace period.

a) Yes b) Permanent residence for third country nationals in Luxembourg is based on EU Directive 2003/109/EC (EU long-term residence status). There is no other specific national permanent residence status.

Procedural facilitations will be applied when processing applications for residence permits for British nationals and their family members.

Hungary a) British nationals and their family members who are resident at the time of Withdrawal will be entitled to obtain a national permanent residence permit on the basis of three years prior residence. b) The legislation on Brexit no-deal scenario including the status of residing UK nationals was published on 26 March 2019. The new scheme will be applied from the date of Withdrawal.

Under the scheme for already residents: Rights are guaranteed to reside, work as an employee and self-employed, study or do research

a) application b) ) from withdrawal date c) The application shall be made no later than three years after the date of Withdrawal. Until the three-year period of residence is reached, previously issued documents (registration certificate/residence card/permanent residence card) will remain valid. d) Info not provided

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

Indefinite. Until the three-year period of residence is reached, previously issued documents (registration certificate/residence card/permanent residence card) will remain valid.

a) Yes. EU long term residence is applied, also taking into account the period spent before Withdrawal. b) UK nationals and their family members who are resident at the time of Withdrawal will be entitled to obtain a national permanent residence permit on the basis of three years prior residence.

Page 12: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Malta a) UK nationals residing in Malta on the withdrawal date and who would have been exercising their Treaty right of free movement, will be allowed to continue to reside in Malta. b) The relative legislation was enacted by means of Subsidiary legislation under the Immigration Act SUBSIDIARY LEGISLATION 217.23 IMMIGRATION STATUS OF BRITISH CITIZENS RESIDENT IN MALTA ON THE WITHDRAWAL DATE OF THE UNITED KINGDOM FROM THE EUROPEAN UNION REGULATIONS http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=12976&l=1 The said legislation shall come into force the day following the date of the withdrawal of the UK from the European Union

They will be entitled to open access to the Maltese labour market as workers or self-employed persons, without the requirement of an employment licence.

a) application The document that will be issued to such UK nationals to reflect their new status will be valid for a period of 10 years b) start date from when it would be possible for applications to be submitted has not yet established c) the deadline for submitting an application shall be within two years from withdrawal date d) free of charge.

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date Same rules as for UK nationals will however also apply in the case of children born to, or adopted by, UK nationals, following the withdrawal of the UK.

Indefinite In the interim, until the new document is issued, they will be allowed to retain their current document.

a) Yes b) The status will be retained indefinitely unless it ceases as stipulated in the relative legislation.

A helpline has been set up by the Government to provide information to anyone who may require it.

Nether-lands

a) As a temporary solution, UK nationals have received, just before 29 March 2019, a temporary residency permit to continue their legal residence in NL. b) The legislation for the Dutch no deal scenario was published on 13 March.

Right to reside, work as employee, work as self-employed and study.

a) UK nationals have received a temporary residency permit in the form of a paper letter, stating they have legal residence in NL and are allowed to work freely without a work permit. Moreover, they will receive an invitation to apply for a residence permit within 15 months. b) First applications will be accepted after 31 October and residence permits will be delivered right after the decision of the Immigration Service. c) UK nationals will be invited in time (within 15 months after Brexit date). d) same fee as for EU-residents (EUR 57 for adults, EUR 30 for children). UK nationals in possession of an EU permanent residence card can change their residence card for free.

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date.

The temporary permit will remain valid until 1.7.2020. Depending on the definite Brexit-date, the validity of this temporary permit might be extended. In this period UK nationals will be invited to apply for a definite residence permit.

After the temporary residence permit expires, all UK nationals will have a decision about their definite residence permit.

a) Yes. b) Yes.

A Brexit hotline has been set up by the Immigration and Naturalisation service to provide information to UK nationals.

Page 13: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Austria a) The law (the BREXIT-Begleitgesetz) has been published in the Federal Law Gazette on 25 March 2019. Furthermore the implementing act of the residence and settlement act as well as the implementing act of the integration act have been amended. They foresee the possibility to issue a certification of application (which was notified to be included in Annex 22 Handbook on SBC) and exemptions from integration (language requirements) respectively. b) The law foresees entry into force of the provisions in case of a no deal BREXIT only.

Right to reside, work as an employee and self-employed, and study

a) apply for a residence permit within 6 months after BREXIT b) from withdrawal date c) within 6 months after Brexit d) Yes. The fees for a “red-white-red card plus” will be EUR 160 (EUR 145 for children up to 6 years) and for a residence permit “long term resident – EU” EUR 210 (EUR 195 for children up to 6 years).

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date. For family members wanting to join after withdrawal date normal third country national rules apply.

Permanent regime

Permanent regime a) Yes b) No, Austria has no national permanent resident scheme

Exemption from integration (language) requirements

Page 14: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Poland a) Legislative Act of 15 March 2019 on settlement of certain matters in relation to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community without conclusion of the agreement referred to in Art. 50 (2) of the Treaty on European Union (Journal of Laws, item 622) b) Adopted on 15 March 2019. The Act will enter into force from the date of withdrawal in case of no deal scenario

Right to reside, work as an employee and self-employed, and study

a) Legal stay in Poland ex lege from the withdrawal date until 31.12.2020 for UK nationals and their family members enjoying the right of residence or the right of permanent residence under the Directive 2004/38/EC before the withdrawal date Apply for a dedicated temporary or permanent residence permit during the period b) from withdrawal date c) 31.12.2020 d) No fee required

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

Until 31.12.2020

Legal stay until the final decision on residence permit application. Granting of a temporary residence permit (for 5 years) or permanent residence permit (a national type of residence permit). Possessing by the UK nationals and their family members the right of residence or permanent residence under free movement rules in Poland on the withdrawal date will be the only positive condition for granting these permits. Residence cards will be issued in the common format of Regulation 1030/2002

a) yes, with Polish language knowledge requirement b) yes. National permanent residence permit will be granted to UK nationals and their family members: - who, on the day preceding the

withdrawal day held the right of permanent residence in Poland under the Directive 2004/38/EC (generally after 5 years of stay in Poland); Application should be made until 31.12.2020;

- who on the day preceding the withdrawal day held the right of residence in Poland under the Directive 2004/38/EC (but no yet the right of permanent residence); family member staying in Poland with the UK national; under the following conditions: - i) legal and uninterrupted

residence in Poland for at least 5 years directly before making the application (uninterrupted residence as understood by the Long-Term Residents Directive 2003/109/EC),

- ii) source of stable and regular income enough to cover living expenses for themselves and any dependent family members,

- iii) health insurance.

Residence documents issued under the Directive 2004/38/EC excluding certificate of registration, - were notified to be included in Annex 22 of the Schengen Handbook as temporary residence permits entitling to crossing the border without a visa, including the external Schengen border. The same considers a stamp imprint annotated “BREXIT” made in the travel document, confirming submission of an application for temporary or permanent residence permit along with a separate certificate.

Page 15: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Portugal a) Specific legislation that grants special conditions, from 30.03.2019 to 31.12.2020, to UK nationals and their family members living in PT before the withdrawal date, converting registration certificates issued under Directive 2004/38/CE into residence permits issued in the common format of Regulation (EC) 1030/2002. b) Adopted on 28.03.2019.

Right to reside, work as an employee and self-employed, and study

a) apply for a residence permit (conversion of registration certificate into residence permit under facilitated conditions) b) from withdrawal date c) 31.12.2010 d) Info not provided

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

Until 31.12.2020

Granting of residence permits according to the previous time of residence in the country.

a) Yes b) Yes. After 5 years.

After the withdrawal data, UK nationals that have not registered but that can prove they were living in Portugal before withdrawal date may also request the residence permit under this special procedure.

Romania a) Emergency Ordinance in order to ensure the continuity of UK nationals’ acquired rights and establish a swift transition from their status as EU citizens to holders of long-term residence permits (as third country nationals). b) To be adopted when it becomes clear a no-deal scenario is unavoidable.

Right to reside, study and work as an employee or self-employed, without a study or work permit, based on residence documents.

a) apply for a residence permit (conversion of permanent residence cards, registration certificates and family members’ residence cards) b) from the first day after the withdrawal date c) 31.12.2019 – to be adjusted taking into account extension of article 50. d) 259 RON -the equivalent of the residence permit.

Yes, they will benefit from the same rules as for UK nationals, provided family relation predates withdrawal date

Until 31.12.2019 (to be adjusted taking into account extension of article 50)

Granting of temporary permit valid for five years ensuring the continuity of right to reside in Romania. After five years of continuous residence in Romania, UK nationals and their family members will be eligible for an EU long-term residence right.

a) Yes b) Not applicable – no national permanent residence system in place.

UK nationals who have arrived in Romania before Brexit day and wish to stay, but have not yet registered, will have a grace period (three months after Brexit day, i.e. until 30 June 2019) during which they should apply directly for the five years temporary residence permit.

Page 16: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Slovenia a) Act Regulating Certain Issues in the event of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union Without Agreement (Official Gazette of RS, no. 20/19) b) Adopted on 20.3.2019

Right to reside, work as an employee and self-employed, and study (UK nationals and their family members legally residing in SI will enjoy free access to labour market till the end of 2020 under the same conditions and with the same rights as before).

a) apply for a temporary residence permit at the administrative unit (conversion of registration certificates) b) from withdrawal date c) one year after withdrawal or before the expiry of the validity of the current certificate/permit if this period is shorter than one year d) No administrative fee for conversion of registration certificate/resident permit, only payment for printing costs of new residence permit

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

one year after withdrawal

Granting of temporary permits under conditions that apply to the issuance of residence certificates. If a UK wishes to reside after the expiry of the validity of the temporary residence permit, he will have to file an application in accordance with the ZTuj-2 for issuing a further temporary residence permit issued in accordance with the ZTuj-2 provisions applicable to foreigners.

a) Yes. UK nationals and their family members will (continue to) be allowed to obtain the status of long-term resident b) Yes. Five years of continuous legal residence in Slovenia.

Slovakia a) Amendment to Act no. 404/2011 on Residence of Foreigners addressing the residence of UK nationals in the 'no deal' case for Brexit b) Adopted on 27.3.2019; entry into force on withdrawal date

Right to reside, work as an employee and self-employed, and study

a) apply for a permanent residence card under national law (those who have stayed for less than 5 years) OR apply for long-term residence card (those who had stayed for more than 5 years) b) from withdrawal date c) 31.12.2020 d) free of charge

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

31.12.2020 Granting of a permanent residence permit under national law (those who have stayed for less than 5 years) Or granting of long-term residence permit (those who had stayed for more than 5 years)

a) Yes b) Yes – explanation: permanent residence under SK national law - issued for 5 years for those who are lawfully residing in SK territory for less than 5 years then entitlement for long-term residence permit; long-term residence permit under SK national law issued for an indefinite period for those who are lawfully residing in SK territory for more than 5 years

Page 17: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

Finland a) Act on the Right of Residence in Finland until the End of 2020 of Nationals of the United Kingdom Who Have Registered Their Residence in Finland and Their Family Members (370/2019). b) Adopted on 29.3.2019; entered into force on 30.3.2019; will be applied from the date of withdrawal.

Right to reside, work as an employee and self-employed, and study

a) UK nationals must register their

right of residence as EU citizens before

the withdrawal date if they have not

done so earlier.

b) Before withdrawal date

c) The application process (for

registration) has to be started before

the withdrawal date.

d) The registration fee is 54 EUR. If a UK national has registered earlier and wants to have a certificate of it, the fee is 20 EUR.

Yes, non-EU/UK family members of UK nationals are covered.

Until 31.12.2020

A national political

decision is still needed

on how to deal with

those who have

registered after the

expiry date.

UK nationals can apply

for a residence permit

for third country

nationals under national

law when the national

contingency measures

are in force. The

residence permit is valid

after the expiry date of

the contingency

measures.

a) yes b) yes, UK nationals have access to national permanent residence upon fulfilling the criteria for granting a residence permit for third country nationals. UK nationals have access to it after having resided in Finland for 4 years.

The right of residence enables UK nationals to continue receiving social security benefits.

Sweden a) Regulation stating that UK nationals and their family members, who were resident in Sweden based on EU-law on free movement the day of the withdrawal, will be exempt from the obligation to have a residence and a work permit in Sweden for a period of one year from the date of withdrawal, provided they meet the conditions for a right of residence in Directive 2004/38/EC. b) Adopted 7.3.2019; applicable from withdrawal date.

Right to reside, work as an employee and self-employed, and study

a) No immediate administrative steps required. UK nationals who wish to travel outside of Sweden during the transition period can apply for a temporary proof of residency (which has been notified to be included in Annex 22 Handbook on SBC). UK nationals and family members who wish to stay in Sweden after the transition period will need to apply for a residence permit or long-term residence status within one year after the withdrawal. b) Applications for a temporary proof of residency during the transition period will be accepted from the date of the withdrawal. Sweden already accepts applications for national residence permits.

Yes. Same rules as for UK nationals, provided family relation predates withdrawal date

One year after withdrawal. This period can be modified by a government decision.

Granting of a residence permit under national law or granting of long-term residence status (for those who have stayed for more than 5 years). There may be reasons to further review the situation for UK nationals and their family members in Sweden in a long-term perspective, e.g. concerning the legal conditions for them to continue to reside and work in Sweden after the transition period. The Swedish government intends to take further measures if necessary.

a) Yes (subject to the Swedish parliament’s approval) b) Yes. As a general condition, the applicant must have held a national temporary residence permit for a period, e.g. as an employee or a student, before being granted a permanent permit. The length of time required varies according to the grounds for the application.

Special exemption for children under 18 years of age who are not living in Sweden on the day of the withdrawal but who, during the one-year transition period, want to join a UK parent. Sweden already accepts applications for residence permits from UK nationals and their family members.

Page 18: Residence rights of UK nationals in EU27 Member States · 21 August 2019 Residence rights of UK nationals in EU27 Member States All EU27 Member States have adopted or prepared national

a) What kind of national measures have been or will be taken to guarantee the continued legal residence of UK nationals? b) What is the state of adoption of these measures?

What rights are granted? a) Which administrative steps are required to acquire this status? b) When are applications possible? c) Is there an application deadline? d) Is there a fee and, if so, how much is it?

Are non-EU/UK family members of UK nationals covered?

How long does the measure apply?

What happens after the expiry date of the national contingency measures?

a) Is access to the EU long-term resident status available to UK nationals who have already been lawfully resident in a Member State for over 5 years, subject to meeting the conditions of Directive 2003/109/EC? b) Is access to national permanent residence available to UK nationals upon fulfilling the conditions? If so, after how many years of residence?

Additional advantages conferred to UK nationals in national contingency measures?

c) One year after withdrawal d) The temporary proof of residency will be free of charge. The fee for an application for long-term status is currently 1 000 SEK for adults and 500 SEK for children. For other types of permits the fee varies between 500–2 000 SEK depending on the type of permit and the age of the applicant.