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BREXIT

How do other EU countries’ post-Brexit residence permits compare to Denmark?

After reports this week that Danish authorities plan to deport a British national who failed to apply for post-Brexit residence status on time, we look at how other EU countries have applied residency permit rules following the UK’s withdrawal from the EU.

Published: 18 November 2022 16:52 CET
Updated: 26 November 2022 08:52 CET
How do other EU countries’ post-Brexit residence permits compare to Denmark?
Denmark could deport UK nationals who did not apply for post-Brexit residence status under the Withdrawal Agreement. How does this compare with other EU countries? Photo: Kenzo TRIBOUILLARD / AFP

Phil Russell, a UK national who lives in the western part of Zealand with his Danish partner, submitted an application for a post-Brexit residence permit four days after the December 31st, 2021 deadline.

Russell has since been informed he must leave the country by December 6th but has the right to appeal the decision. He has notified authorities that he intends to appeal and his residence and working rights in Denmark are protected while the appeal is ongoing.

READ ALSO:

Under Denmark’s application of the Brexit Withdrawal Agreement, British nationals who moved to Denmark under EU free movement rules before December 31st, 2020 were required to submit an application for new residence status and a new residence document by the end of 2021.

Up to September 30th, Danish authorities have received 290 late applications for post-Brexit continued residency status.

Decisions on some applications made after the deadline are still being processed, meaning it is not clear how many UK nationals have already or could yet lose their residency rights.

The Brexit Withdrawal Agreement’s Article 5 states that the EU and UK must “take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising from this Agreement and shall refrain from any measures which could jeopardise the attainment of the objectives of this Agreement.”

One of the stated objectives of the agreement is to protect the rights of citizens to continue living and working in their respective countries after Brexit.

Below, we look at how other countries have continued residence rights for Britons who lived in those countries prior to Brexit.

Sweden

On its website, the Swedish Migration Agency says it “can accept an application for residence status that has come in after” its deadline which, like in Denmark, was December 31st 2021.

“This presupposes that there are reasonable grounds for why you did not apply in time. A review will be done of each individual case,” the agency says.

People with permanent residence permits have the right to continue to stay in Sweden as usual even after the deadline, according to the Migration Agency. Those with temporary residence permits in Sweden may need to apply for a work permit.

The Swedish rules have nevertheless caused some uncertainty for resident Britons.

According to a section on the Migration Agency website, post-Brexit residence status “applies indefinitely”. The certificate which was issued to those who applied before the deadline of December 31st 2021, however, is only valid for five years. 

This has left many of those holding the certificate concerned that laws might change to prevent them from renewing their certificate when that period ends. 

READ ALSO:

France

Like Denmark, application for a post-Brexit residence card was required in France. All Brits who were living in France before December 30th 2020 needed to apply for a residency permit known as a carte de séjour. 

The original deadline for applications was June 2021, but the French government extended this several times – and also extended the deadline to be in possession of the card – due to high demand and fears that Covid restrictions would prevent people from meeting the original deadline. 

Since January 1st 2022 it has been compulsory for all Brits who were living in France before Brexit to have the post-Brexit carte de séjour.

Evidence suggests that France has taken a relaxed approach to the process – only a tiny fraction of applications for residency were refused, most on the grounds of serious criminality. Groups working with Brits in France have reported that local préfectures have been willing to process a small number of applications that were received after the deadline. 

Spain

Spanish authorities have been lenient and informative regarding how Brits can guarantee their Withdrawal Agreement rights, but a number of Britons in Spain did not have residency or other official documents and could not prove they were living in Spain before 2021.

According to reports, people in that situation have been told to leave at (sometimes very) short notice and apply for a non-EU residency visa if their residency application is rejected.

However, previous (pre-Brexit) EU residency documents that Britons have are still valid and it’s not compulsory to update to Spain’s new non-EU residence card. As such, only people who were not previously registered have run into issues.

Italy

Italy’s post-Brexit card isn’t mandatory but the British Embassy in Italy advises residents to apply for it to prove their status under the Withdrawal Agreement.

This means you don’t need a residency card if you have alternative proof of pre-Brexit residency.

However, while Italian authorities have often accepted other forms of proof, they have also sometimes required the card, causing some level of uncertainty.

READ ALSO: How many of Italy’s British residents have successfully applied for a post-Brexit residency card?

Germany

Residence rights after Brexit were automatically granted to British nationals who lived in Germany prior to the deadline, so they don’t need Germany’s residence card – although it is still recommended.

There have been reports of passport stamping for British residents in Germany, even if they have the residence card.

Overall, Germany has a lenient system, transferring rights automatically and without demanding application for a new card or updated residence status.

READ ALSO: How Brits can prove their post-Brexit rights in Germany – before they get their residence card

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BREXIT

What Labour’s UK election win could mean for Brits in Europe

The UK's new Prime Minister Keir Starmer has swept into Downing Street in a landslide victory. But how will a Labour government affect Brits in Europe? And what, if anything, will the former 'Remainer' do about Brexit?

Published: 5 July 2024 15:31 CEST
Updated: 8 July 2024 13:40 CEST
What Labour's UK election win could mean for Brits in Europe

The Labour party won a landslide victory in the UK general election on Thursday, bringing an end to 14 years of Conservative party rule.

Labour majority

The new Labour government enters office at a time of high political and economic uncertainty, stagnant growth, public services pushed to breaking point, and Britain’s international reputation tarnished after the Conservative government staggered from calamity to calamity in recent years.

Leading up to the election, the question was not if Labour would win but when, and how big the majority will be. In the end Labour won one of the biggest landslides in British political history, taking 412 seats. 

What the new Labour government does (or more likely, doesn’t) do with its massive majority could have big implications on life for approximately 1.3 million UK nationals living throughout the EU.

Writing exclusively for The Local after his party’s election win, the UK’s new Foreign Secretary David Lammy said Britain would reset its ties with the EU.

“As the new British Foreign Secretary, with our Prime Minister Keir Starmer, this government will reset relations with Europe as a reliable partner, a dependable ally and a good neighbour.”

Lammy added: “We must do more to champion the ties between our people and our culture. Holidays, family ties, school and student exchanges, the arts, and sport (I was of course cheering on England in the Euros…). Thanks to this, our citizens benefit from the rich diversity of our continent.

“If we are to fulfil our ambitions for a reset, we must also improve Britain’s relationship with the European Union… I look forward to seeing Britain reconnect with our European neighbours in the years ahead.”

For many Brits in Europe (as well as those in the UK), the elephant in the room is, of course, Brexit.

Starmer and Labour’s Brexit policy

But what, if anything, does a Labour government actually mean for Brexit and Brits in Europe?

For many, Starmer first came to national prominence in his role as shadow Brexit secretary under former Labour leader Jeremy Corbyn. He was then an ardent Remainer, and largely responsible for Labour’s eventual position on a second referendum, demanding that the British people deserve a “confirmatory vote” on Europe.

How things have changed. In the build-up to the election Starmer categorically ruled out the idea of rejoining the single market and the customs union, let alone a second referendum on rejoining the EU. He has, however, stated that he will take steps to ease trade barriers and sign a bolstered security agreement with Brussels.

Asked recently by the British press if he could envision Britain re-entering the EU in his lifetime, Starmer was unequivocal. “No. I don’t think that that is going to happen,” he said. “I’ve been really clear about not rejoining the EU, the single market or the customs union – or a return to freedom of movement.”

These comments sparked a certain amount of anger and disappointment among many Brits in Europe. Although they were made before the actual election with Starmer still in campaign mode.

In essence, despite his Remain-backing past, Starmer’s position seems to be that Labour can improve the Brexit deal signed by the Johnson government in January 2020, rather than tear it up or try and force the UK back into the EU on new terms.

For those hoping to rejoin the EU one day, this will be disappointing. Brexit became something of an internal psychodrama for the Conservative party, yet Starmer’s Labour appear to have accepted it as the political framework and don’t dare reopen the debate.

So for the hundreds of thousands of UK nationals living in Europe there will be no return of their freedom of movement and EU citizenship anytime soon.

So will Labour change anything for Brits in Europe?

Labour has been tight-lipped on what its Brexit policy will actually mean in practical terms, but of the few concrete proposals it has outlined so far there are plans to revamp a veterinary deal on animal products to ease on paperwork and border checks, as well as making it easier for qualifications to be recognised abroad.

Labour has also promised to enshrine rights to consular assistance for UK citizens abroad in cases of human rights violations, and to make reciprocal arrangements for touring artists and musicians moving between the UK and EU.

In terms of broad strokes commitments, however, it’s hardly ambitious.

Some economic experts have suggested that rejoining the single market or customs union would significantly boost the British economy, so some hold out hope that the political and economic reality may force the new Labour government to reconsider its position on Europe somewhere down the line.

What about the roll out of the the EU’s new EES border system?

Britons travelling to Europe will face likely travel disruption when the EU finally rolls out its new biometric border checks known as Entry/Exit System or just EES.

There had been much talk of the UK government trying to get the rollout delayed in a bid to avoid or at least postpone the likely chaos. Could Keir Starmer’s government put pressure on the EU to delay EES?

Well the main point to note is that it’s up to the EU when it rolls out EES, not the UK government. It is due to be launched in October or November although an exact date has not been announced. However if there is any delay it will likely be because of concerns on the EU side rather than because of pressure from the UK.

READ ALSO: When will Europe’s new EES passport system be launched?

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