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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.

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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EUROPEAN UNION

COMPARE: Where in Europe now has the lowest birth rate?

The number of births in Europe have dropped dramatically in recent years, new statistics reveal. But which countries have seen the biggest drop in the birthrate?

COMPARE: Where in Europe now has the lowest birth rate?

Births in Europe have reached their lowest point since the 1960s in 2022, as only 3.88 million babies were born compared to more double some sixty years ago, according to the EU statistical office Eurostat.

In the period 1961–2022, all countries (EU member states as well as EFTA countries Switzerland, Norway, Iceland and Liechtenstein) saw steady declining birth rates.

The highest level recorded was 6.8 million in 1964. By 2002, births had declined to 4.36 million, followed by a modest increase to 4.68 million in 2008, and a general downward trend after that year (except for 2021, during the pandemic).

Highest birth rates in France

On average, the total birth rate, the average number of children born per the lifetime of each woman, was 1.46 live births in 2022.

Among the European countries covered (see image below), France had the highest, at 1.79, even though the national statistics bureau reported in January that births in France fell in 2023 to their lowest annual number since World War II, with an average birth rate of 1.68 children for each woman.

Romania (1.71) and Bulgaria (1.65) followed. The lowest fertility rates in 2022 were recorded in Malta (1.08), Spain (1.16) and Italy (1.24).

Other countries were somewhat in between, with Sweden reporting a fertility rate of 1.53, Austria 1.55, Germany 1.46, Switzerland 1.39. In comparison, Italy’s fertility rate in 1960 was 2.4, Denmark’s 2.57, and Austria’s 2.69 (this value is not available for all countries).

The UK’s birth rate decreased to 1.49 children per woman in 2022 down from 1.55 in 2021.

Image: Eurostat.

A fertility rate of around 2.1 live births per woman is considered to keep the population size constant in developed countries without migration.

In recent years, the EU population has decreased after decades of growth, mostly due to the hundreds of thousands of deaths caused by the Covid-19 pandemic. The current European Commission launched in 2021 a debate on Europe’s ageing society, suggesting steps for higher labour market participation, including more equality between women and men and longer working lives.

In countries such as Italy, there have been calls to increase financial support for those with young children, or measures addressing chronic problems which discourage or prevent Italians from starting a family at all.

But in France, President Emmanuel Macron’s plan to revive sluggish birth rate sparked an outcry, with feminists and left-wing politicians accusing him of seeking to control women’s bodies.

Having children later in life

Across Europe, it appears that many women are opting to have their first child at a later age than in the past, meaning that the possibility of other children is reduced.

The average age of women having their first child was in the EU in 2022 was 29.7 years (compared to 28.8 in 2013), ranging from 26.6 in Bulgaria and 27 in Romania, to 31.7 in Italy and 31.6 in Spain.

Eurostat notes that while the fertility rates for women below 30 years have declined since 2001, those for women aged 30 and above have risen. In 2001, the fertility rate for women aged 25-29 years was the highest among all age groups. In 2022, it was for 30–34-year-olds. The fertility rate for women aged 35 years and over is also increasing.

Foreign-born mothers

Eurostat also records that some 22 per cent of children in 2022 were born from foreign-born mothers, with most EU countries becoming increasingly diverse compared to 2013.

The highest proportion was 66 per cent in Luxembourg followed by 41 per cent in Cyprus. In Austria, Belgium and Malta, around one-third of children were born to foreign-born mothers. On the other hand, The lowest proportion was 2 per cent in Slovakia and Bulgaria.

This article was published in cooperation with Europe Street News.

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