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READER QUESTIONS

Reader question: If Britons are already resident in one EU country, can they move to another?

As British nationals face new rules on moving to EU and Schengen countries, readers are asking if already having residency in one EU member state allows them to move freely to another.

Published: 18 January 2021 13:05 CET
Updated: 31 May 2021 16:01 CEST
Reader question: If Britons are already resident in one EU country, can they move to another?
If you already call a European country home, how are your rights affected after Brexit? Photo: AFP
Question: I now have residency status in Italy, but I was wondering, does that allow me free movement within Europe or am I still bound by the conditions for all UK citizens?

This question is one of several similar queries The Local has received recently, as British nationals get to grips with new restrictions on travel and life in Europe.

EU membership and freedom of movement had previously allowed Britons to move abroad to live, work, and retire without the need for visas.

This had also allowed British nationals to then move freely from one EU member state to another.

But that is no longer the case, after British PM Boris Johnson and his government decided to end freedom of movement, including onward from one EU country to another.

Simply put, this means a British national wanting to move from one EU country to another would now need to apply for a long-stay or residency visa – in exactly the same way as if they were moving from the UK to the EU for the first time.

This is because rules are based on your citizenship, rather than on the country you have residency in.

So moving from one EU country to another, while still possible, is now more complicated.

READER QUESTION: Can Brits stay more than 90 days in the EU if they have a spouse with an EU passport?

For example, a British citizen now resident in France would not be able to move to Germany without going through the process for visas, because the freedom they used to leave the UK in the first place has ended.

Each EU country will have its own requirements for new residents. Italy, for example, has from January 1st 2021 introduced a new long-stay visa for British nationals hoping to move to the country.

No visa will be needed to stay in the EU or the wider Schengen zone for under 90 days in every 180 day period, but anyone planning a longer stay, or to do paid work, will have to apply for one.

Member comments

  1. Why would you want to leave Asti? For those who live elsewhere, the church is San Secondo, where (in normal times) I sing in one of the choirs.

  2. If a Brit has residency in France, for example, does that mean the 90 day limit for visiting other EU countries has already been used up ?

  3. On 25th of November 23 I will have completed 90 in the 180 day period. Why is it then,that all the Schengen calculators I have used tell me that after November 30th Ican return for another 47days? Surely , if we are talking about a “rolling” 180 day period then after five days out I should be entitled to another 5 days in, not 47.. Who can I ask?

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TRAVEL NEWS

Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Published: 27 April 2024 07:59 CEST
Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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