(Editor’s note: Months of negotiations between the Johnson Government and European Union officials have proven fruitless. On 23 July, Sky News posted that both the EU negotiator and his counterpart for the United Kingdom agreed on one point: there is only a remote chance of a deal by the end of 2020. The U.K. confirmed on 12 June that it was not seeking an extension to the transition period, meaning it expires as planned on 31 December, deal or no deal. In the event of the UK leaving with no deal, expect European Union member states to start crafting new policies regarding their British expats. By one count, 11 of the 27 are guaranteeing Brits are welcome to stay indefinitely. Of course, their statuses will change to third-country nationals from EU citizens.)
To hear the Brexiteers tell it, countries in the European Union have no autonomy. All decisions are made by the Little Dictators in Brussels.
If only that were true.
Then we wouldn’t have 27 countries plus Switzerland and Scandinavia scrambling to figure out what to do with their British expats should the United Kingdom and the European Union reach 31 January 2020 with no agreements on trade, freedom of movement or anything else.
That, and we wouldn’t have to figure out if our host country has a constitutive Brexit policy or a declaratory policy. It makes a big difference because under declaratory policy, the UK’s withdrawal agreement sets the rules for British expats in the EU, which automatically guarantee Brits the same rights they had as EU citizens. An example is Spain, which is the first country to start giving current British residents new cards documenting their long-term residence status.
Fourteen countries, including Italy and Portugal, have opted for a “declaratory” registration system that does not involve deadlines. Under a constitutive policy, British expats have to register and request a long-term resident status … and be granted that status. Thirteen countries have constitutive policies including France and Sweden.
Constitutive policies have the Johnson Government spending millions of pounds on an advertising campaign alerting British citizens in the EU as to what they have to do to remain in their host countries.
There are essentially three possible outcomes at this point in mid-2020:
• A deal between the EU and UK with one set of reciprocal right-of-remain rules for the one million British expats in Europe, and three million Europeans in the UK.
• No deal, which theoretically could mean 27 different processes across the EU – depending on the UK’s rules allowing their citizens to remain – as Brits scramble to qualify to for long-term residency as third-country nationals.
Failure to negotiate final agreements during the 11-month transition period could push British citizens who failed to apply for long-term residency in their host countries into a neither-nor purgatory where they would have neither EU citizenship status nor a separate post-Brexit third-country immigration status.
Concerns about their citizens in the UK have countries from Spain and Portugal to Poland making clear that ultimately, they’ll allow Brits to stay only if there is reciprocity and their citizens get settled status in Britain. For example, Spanish authorities are saying British expats will have the same rights in Spain post-Brexit as long as the UK extends residency rights to Spaniards already living in the UK.
• Some sort of EU-wide mandate for long-term residency rules for British citizens in return for the UK granting EU citizens a blanket settled status.
(Editor’s note: Brits who move to an EU country before 31 December 2020 will have until at least 30 October 2021 to apply for resident status in their new EU host country under the terms of the separation agreement.)
The whole process of British citizens getting guarantees of a right to stay in Europe has been slowed by the COVID-19 pandemic. Only three EU countries have begun implementing the withdrawal agreement: Italy, Netherlands and Malta.
After 31 December, open EU borders will close for British travelers since Boris and Home Secretary Priti Patel have said repeatedly freedom of movement will end.
Most EU countries have already confirmed they will allow UK nationals to enter and remain for up to 90 days without a tourist visa. In Portugal it is 180 days, and Spain looks to be following suit.
Reciprocity aside, one big change is that Brits living in the EU are getting residence cards that will prove their status after 31 December.
The EU-wide residence document will have the same format in all member states, and will look like residence permits for other third-country nationals. The only difference would be an “Article 50” mention and an indication of whether it was issued under a declaratory or a registration system.
Still, questions remain as to which former EU residence rights each country ultimately will extend to newly arrived British citizens, who instantly become third-country nationals in the event of a no-deal Brexit at the end of the 11-month transition period. (The EU has a running list of all 27 countries here.)
The good news is that UK nationals who have settled status before the transition deadline get to stay forever under the UK/EU Withdrawal Agreement. But there are currently no protections for UK nationals arriving after 2020.
In some countries such as France and Spain, Brits never have had to register as permanent residents, which introduces another layer of anxiety. Until they get their long-term residence status as a third-country nationals, they’ll won’t be able to leave their host country, then return as anything but tourists.
So while British expats will be able to remain where they are living in Italy, the Netherlands and other countries, they could lose freedom of travel – unless they have long-term residence permits – within the Schengen Area until the UK can draw up separate reciprocal long-stay residence agreements.
Has your head exploded yet?
Bottom line: Wherever they are living now, British citizens should apply for a long-term residence permit sooner rather than later. Because they can take awhile to get and unless they have one, it will be hard for them to reenter their country of residence should they, say, return to the United Kingdom for a visit.
Here are the changes in the countries with the most British citizens:
CliffsNotes Version: Six-month transition period and permanent-resident eligibility for Brits who’ve lived in Austria for 5 years. But, British nationals will have to apply for a residence permit within 6 months in the event of a no-deal Brexit. The residence permit fee is 210 euros for a residence permit, as well as 195 euros for children up to six years old.
The Austrian government has a complete and well-organized website with lots of details. (Come on, they’re basically better-organized Germans.) There’s also a Brexit hotline: country code 43 (0) 800 222 666.
The Whole Story: Austria is dilly-dallying a bit on its Brexit rules. But the new rules require British nationals to apply for a residence permit within six months after the UK is out beginning 1 February 2020. And a new EU report states that Austria, along with Denmark, is considering expelling Brits it determines represent a danger to public order and security.
Here’s the official Austrian Brexit page. There’s a lot of good info on the page in clear English about topics such as, “If I want to leave Austria after Brexit, will I be able to return?” (The answer is, “Yes, but you must apply for the new residence permit before you travel.”)
Austria has posted details of how British citizens living there should prepare for a no-deal Brexit.
That includes a “special legal regulation” allowing British nationals to obtain said residence permit under the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz) with free access to the labor market, according to the official federal residency website.
If you’ve lived in Austria (and they always state “legally,” though that’s a given) for less than five years, you’re eligible for a ‘Rot-Weiß-Rot – Karte plus’ residence permit.
If you lived there more than five years, you’re eligible for a permanent residence status (‘Daueraufenthalt – EU’). Please check out all the details on the website.
Here’s the link to the Austria page on the new GOV.UK Brexit website.
About 10,000 Brits live in Austria.
Austria has created a Brexit hotline – +43 (0) 800 222 666 (free of charge within Austria).
CliffsNotes Version: Brits can remain and work until 31 December 2020. BUT, you will need to have a residence document to prove these rights.
Belgian lawmakers are already anticipating the UK will leave the EU without any deals and is in the process of making sure that doesn’t cause problems for businesses, assuring that employees will be able to stay.
Also, as with almost every EU country, there are big differences in applying before Brexit and after Brexit. If you apply for a residence permit after Brexit, the rules for third-country nationals will apply. There are more details here on the new GOV.UK website.
You can see the rules for a long-term stay in Belgium for third country nationals here.
The Whole Story: Belgium is a bigger political mess than the United Kingdom, if that’s possible, split between the Far Right in Flanders, the socialists in Walloon and the Greens in Brussels.
Belgium has assured its British expats they can stay in place and work without a permit. That said, Belgium’s offer (like those of all European countries) is based on reciprocity from the UK and can be withdrawn.
Belgium plans a transitional period through the end of 2020 in which residence rights of British citizens are guaranteed including their right to work without having to get a new work permit. (This could change if things go really, really wrong.)
Bottom line: Brits are encouraged to monitor the situation, and they can apply now for long-term residence permits as third-country nationals. BUT, of course if there’s a deal, that might mean different rules for residence application.
You should really do a deep-dive into the official website because while there is a worst-case, no-deal Brexit transition period until 31 December 2020, the Belgians make it clear that after that, British citizens are on their own.
There are about 25,000 Brits in Belgium, most working ironically for the EU or for Belgium-based multinationals such as AB InBev.
CliffsNotes Version: (updated) Bulgaria is a declaratory system.
Bulgaria will have a transition period through the end of 2020 for Brits to re-register as third-country nationals with 10-year residency permits. In the event of a no-deal Brexit after the 11-month transition period, Bulgarian officials have stated that Brits will be still be treated as EU citizens.
Bulgarian officials have launched an English-language page on their Interior Ministry website laying out their Brexit policy.
The Whole Story: Brits living legally in Bulgaria as of the official Brexit date of 31 January will have until the end of 2020 to re-register as third-country nationals rather than EU citizens … as long as the UK offers a reciprocal deal for Bulgarians in the UK.
All British expats will have to register as third-party residents, which is true in most EU countries.
There are about 5,000 Brit living in Bulgaria, mostly business executives and tech entrepreneurs.
Here’s the link to the Bulgaria page on the new GOV.UK Brexit website.
CliffsNotes Version: Croatia is a declaratory system. British expats will have up to a year to replace current residence documents with permanent long-term residence visas.
The whole story: Croatia is finally getting around to crafting legislation that could give its 650 or so British expats some breathing room post-Brexit.
Like their British counterparts, Croatian lawmakers are weighing their options including a deadline for Brits to acquire a carte de sejour. But they’ll get up to a year to replace their current residence visas with new documents. Croatia is also considering swapping out current temporary national residence permits and replacing them with new temp docs.
Whatever the case, Brits can stay in Croatia as long as Croat citizens can remain in the UK.
There’s more information on the Republic of Croatia official website.
There’s also more here on the new official GOV.UK Brexit site.
CliffsNotes Version: Cyprus is a declaratory system. Croatia will honor existing permits through 31 December 2020, with applications for third-country permits starting 1 January 2021.
The Whole Story: Cyprus is the latest EU member state (a member since 2004) to officially sign on the list of countries giving British expats a grace period. “Cyprus stands ready to ensure that those British citizens residing in Cyprus presently … will be able to continue residing and enjoying the same rights as provided for in the (Plan B) withdrawal agreement,” Cypriot Foreign Minister Nikos Christodoulides wrote in a letter to UK Foreign Secretary Jeremy Hunt, according to media reports.
By the way, we were shocked to learn that about 60,000 Brits live in Cyprus at least part time, according to the Institute for Public Policy Research. (The other side of the island is the Republic of Northern Cyprus … only recognized by Turkey, which is not an EU member.)
Here’s the link to the Cyprus page on the new GOV.UK Brexit website.
CZECH REPUBLIC (updated)
CliffsNotes Version: The Czech Republic is a declaratory country. The Czechs are giving Brits a grace period through at least June 2021.
The Whole Story:
To stay in the Czech Republic after June 2021, during the transition period you have to submit an application for a temporary, a long-term or a permanent residence permit of third country nationals
Expats will need the certificate of registration to stay. UK citizens who applied but whose application was not granted by 29 March 2019 will be able to stay until their application is processed.
British citizens arriving in the Czech Republic after the Brexit date are third country nationals and fall under the rules for all third-country nationals.
Only about 7,000 British citizens live in the Czech Republic, but about 40,000 Czech citizens live in the UK. “We are, of course, counting on there being a reciprocal move,” Emerging Europe quotes Czech Prime Minister Andrej Babiš as saying.
There’s also lots more info on the new official GOV.UK Brexit website here.
CliffsNotes Version: Denmark is a constitutive country.
Brits will have a transition period to 31 December 2020 with a possible extension of one or two years. In the event of no-deal after the 11-month transition period, Brits can still remain in Denmark, but just how long is unclear. Here’s a link to a brief, yet confusing, post-Brexit statement from the Danish government.
Applications for registration certificates and residence cards must be submitted to the Agency for International Recruitment and Integration.
You can see a lot of the details on the Brexit Act website here.
The Whole Story: Danish government officials released an official statement last April that they were hoping the UK Parliament okayed May’s Plan B. It didn’t. BUT, presciently, the statement adds officials are preparing for “all possible outcomes of the negotiations” including a no-deal exit after 31 December. That includes guaranteeing residence documents already been issued in accordance with EU free movement rules will be valid for “a transitional period” though it doesn’t say how long that might be.
Indeed, Denmark passed a “Brexit Act” to cover all eventualities.
If you are a British citizen in Denmark but do NOT have an EU registration certificate (issued for EU citizens) or an EU residence card (issued to third-country nationals) you had to submit a registration certificate application before 29 March 2019.
Here’s the link to the new GOV.UK site which also has detailed information.
There are about 18,500 British expats living in Denmark.
EEA EFTA COUNTRIES
CliffsNotes Version: It’s all good ….
The Whole Story: Britain and the EEA EFTA countries – Iceland, Liechtenstein and Norway – reached a no-deal Brexit agreement way back in February, 2018. The reciprocal agreement guarantees the right to remain of EEA EFTA citizens living in the UK and British citizens living in the EEA EFTA states. Norway is home to about 30,000 British citizens, most of whom work in the petroleum industry.
CliffsNotes Version: Estonia is a declaratory country. Estonia is guaranteeing a long grace period through 2021.
Pending reciprocity from the UK, Estonians are basically giving British expats as long as they need to figure it all out. BUT, if you want to travel, you must exchange your current EU citizen residence document for a residence permit card.
Estonian officials will start issuing new right of residence documents to Brits at beginning of 2021.
The Whole Story: No matter what happens including a no-deal Brexit, UK citizens will be able to continue living in Estonia.
Estonians are granting Brits temporary residence permits for settling permanently – valid for up to five years – or a long-term resident’s permit, depending on whether they have temporary status or rights of residence.
“All UK citizens who wish to settle in Estonia after the withdrawal of the UK from the EU will have to apply for a residence permit like all other citizens of third countries,” the statement added.
Brits arriving in Estonia after April 2021 “would already fall within the scope of regulation of the Aliens Act, which means they will require a residence permit for living in Estonia like all other citizens of third countries.”
In March, TNW posted how Estonia is being flooded with requests for info from British businesses hoping the country’s e-Residency program will prove to be a quick shift to the Continent and continued business links to the EU. Estonia currently has 2,651 British e-residents that have set up 312 companies in the country, with 40 of those established in the first quarter of 2019, according to the post.
Here’s the link to the new GOV.UK page on Estonia.
CliffsNotes Version: Finland is a constitutive country. Finland is extending a grace period to at least 31 December. However, there are a few issues on the horizon because the withdrawal agreement has an expiration date.
The Whole Story: With Brexit official, Brits in Finland are advised to register their right of residence with the Finnish Immigration Service as soon as possible.
Finland, like other EU member nations, sent letters to their British guests on Brexit Day. We went through that information and found a few new nuggets of interest:
• With Brexit, Brits are now limited to 90 days in Schengen should they leave their country of residence, in this case Finland.
• If British expats have a permanent right of residence in Finland based on the withdrawal agreement, they will lose that right if they remain outside of Finland for more than five consecutive years.
• Let’s say your company sent you to Finland for 2020, but you’re leaving afterward. Your right to residence is void when you leave. And if you try to move to Finland after 1 January 2021, you’re also out of luck because you’re now a third-country national.
Here’s the link to the Finland page on the new GOV.UK Brexit website.
There are about 5,000 UK citizens living in Finland, most of whom are dreaming about Spain.
(Long) CliffsNotes Version (updated): France is a constitutive country. France issued a Brexit decree guaranteeing a one-year transition period beginning on the day after Brexit, but only a 6-month window to apply for permanent residence under a constitutive scheme. Britons must apply for special residency permits stating they are protected by the terms of the withdrawal agreement.
The French government is promising to relaunch its residence permit portal on 1 October outlining which Brits can apply for special new “Brexit deal” residency cards. But we know every British citizen living in France will have to apply for a new residence status and a new carte de séjour this year.
Most current EU rights remain except freedom of movement and voting/political rights. The problem is that unlike, say, the Netherlands and the rest of the EU, France never required British citizens who live there to register. Brits basically just showed up as EU citizens and settled down.
UK citizens must apply for residency as third-country nationals. The most important thing you need to know is, if you wait to register as a third-country national, you could go months without any official proof of residency status because French authorities are overwhelmed with thousands of applications. Which means if you leave France, you’ll have to re-enter on a tourist visa good for only 90 days.
The Whole Story:
In France, the new residency portal has been delayed from 1 July to 1 October. Although British citizens must be established in France by 31 December, they have until 30 June, 2021 to apply for the new permit.
BUT there are still hoops to jump through including swapping old EU drivers license via a website scheduled to go live on 3 March and applying for a carte de séjour. (In order to get a residence permit, you have to have a residence, which has set off a scramble for homes.)
Brits who have a permanent carte de séjour as European citizens can just exchange it for a new carte de séjour, but be sure to bring along your passport and current residency card.
(Be sure you have your immigration lawyer by your side as you work your way through the new rules, which are incredibly long and written in masterfully vague legal boilerplate.)
To complicate things, French law has multiple categories:
• retired or otherwise non-economically active
• family member of one of the above
If you’ve been living in France legally for five years or more, you are eligible to apply for a long-stay residence visa. But of course, you’ll have to prove you have substantial assets and health care policies and won’t be a drain on the French social services. But the new law doesn’t give any details.
Other categories include rules for students and others. And by the way, the Ordonnance can be torn up if UK officials don’t offer French citizens the same rights.
France also has lots and lots of rules about proving you’re a permanent legal resident including self-sufficiency tests. And if you aren’t employed and don’t have sufficient net worth, it’s going to be really difficult for Brits to get legal resident status and receive a carte de séjour
Expat group Remain In France Together reports that municipalities are already struggling to deal with processing the paperwork as an estimated 200,000 British expats try to apply for various long-stay visa options. See RIFT’s detailed post here.
Here’s the very, very detailed France page on the new GOV.UK Brexit website.
CliffsNotes Version: Germany is a declaratory country.
Before the EU and UK reached a deal, Germany offered only an initial three-month period to apply for a residency permit. German officials have drafted (but never passed) legislation – The Brexit Residence Transition Act – guaranteeing current British resident permits.
With a deal, all that got scrapped and now Germany – like most EU countries – is giving British citizens a grace period through 2020. If you are living in Germany or moved there before 31 December 2020, you’ll have life-long healthcare rights.
But you must exchange your UK drivers license for a German license within six months of moving to Germany.
The real problem with Germany is that it’s a federal republic with 16 states making 16 different sets of rules. Officials in Berlin are already registering Brits. Other areas are only offering registration interviews and yet others didn’t start the process until Brexit Day.
Bottom line: If you are resident in Germany at the end of the transition period, you’re covered by the withdrawal agreement, and your rights will be protected for as long as you remain legal a resident.
The Whole Story:
That said, immigration officials in some parts of Germany were already pushing ahead to register British residents and issue residency permits.
Dispatches Berlin contributor Laura Kaye alerted us that, despite the recent extension of Article 50, her local Ausländerbehörde, or Foreigners Registration Office, was pushing to get Brits registered and processed by the end of June.
From her email:
Thought you might like to know that Germany is issuing residency permits in advance of Brexit. They emailed us with an appointment date a couple of weeks ago. I went for my appointment today and was told we qualify for unlimited residency. We need to go back because my husband was travelling for work at the time, but other Brits were walking out with their visas already.
Germany has at least 100,000 British expats, most of whom are either corporate nomads, or who are married to German nationals. There are about 16,000 Brits in Berlin alone, the largest expat community in Germany’s capital city and most popular expat destination.
CliffsNotes Version: Greece has taken the declaratory route, so the withdrawal agreement rules covers Brits through this year, guaranteeing them the same rights they had as EU citizens.
The Whole Story:
Brits must apply for new residence document, though we couldn’t find the rules or the place to apply. They can also apply for citizenship after living in Greece for seven years. That might be lowered to five. If a Brit buys a house for 250,000 euros or more, residency is guaranteed, as is citizenship. You can see a full post about moving to Greece here.
About 45,000 British expats live in Greece full-time and contribute heavily to the economy.
– Lynne Evans in Athens
Here’s the link to the Greece page on the new GOV.UK Brexit website.
CliffsNotes Version: Hungary is a constitutive country, but all documents remain valid for three years.
The Whole Story: In Hungary, the withdrawal agreement sets the rules. British nationals who are residents at the time of Brexit will be entitled to a national permanent residence permit on the basis of three years prior residence. Then, they have three years after the negotiation period to get a new permit. So for three years after Brexit, previously issued documents including registration certificates, residence cards and permanent residence visas all remain valid.
CliffsNotes Version: Italy is a declaratory system. As with all EU countries, Italy is extending to Brits a grace period at least through 31 December 2020.
The Whole Story: On 25 March 2019, Italian officials passed legislation to guarantee British citizens a transition period through December 2020 to move to a third-country national status. British citizens legally resident in Italy on 29 March 2019 would keep most of their existing EU rights during the grace period. The grace period will apply to British nationals who have, by 29 March, registered or applied to register their Residenza or Soggiorno Permanente.
Brits will continue to enjoy access to healthcare, employment, education, social benefits and family reunification. BUT, British citizens living and working in Italy are required to register at their local Registry Office (Ufficio anagrafe) before the UK leaves the EU.
Companies are people, too, and Italy just passed legislation for UK based firms in Italy. You can see that info here. If you don’t have time, basically Italy is creating a grace period to allow British-based banks and other companies to keep operating up to a year post-Brexit.
There are an estimated 25,000 British expats living in Italy.
CliffsNotes Version: Latvia is a constitutive system, but EU rules under the withdrawal agreement apply for two years.
The Whole Story: After 1 February, EU law will continue to apply to British citizens, who will be able to continue living in Estonia on the basis of right of residence for the next two years. British expats arriving in Estonia after April 2021 would fall under the Aliens Act, and will need to get a residence permit like all other citizens of third countries.
In the event of a no-deal Brexit, the Aliens Act will apply immediately.
From the official statement:
In such a case, the (new) act will grant them a temporary residence permit for settling permanently in Estonia, with the period of validity of up to five years, or a long-term resident’s residence permit, depending on whether they live in Estonia on the basis of temporary or permanent right of residence at the Brexit moment.
In 2019, Latvian and British officials reached an informal gentleperson’s agreement allowing each country’s expats to remain in place even if there’s a no-deal Brexit. At the time, Foreign Minister Edgars Rinkēvičs said he was still concerned about reciprocity for Latvians in the UK.
(Editor’s note: Thanks to Joanna Storie in Latvia for the update.)
CliffsNotes Version: Luxembourg is a constitutive system. And everything has changed in during the course of the year, with Brits now required to reapply to keep their EU rights after 31 December. This is definitely a country where British expats have to stay vigilant.
The Whole Story: Brits in Luxembourg have to reapply for their residence status if they want to maintain their rights under the Brexit withdrawal agreement once the UK has left the EU. Luxemburgish officials previously said Brits wouldn’t have to apply for biometric residency cards, but now are requiring them to reapply by 30 June 2021.
Beyond that, no one can really predict what will happen if there’s no deal by the end of the transition period.
CliffsNotes Version: Malta is a constitutive system.
With its strong ties to the UK, Malta acted quickly and generously to assure Brits of their right to remain before the withdrawal agreement. But now that it’s in effect, Maltese officials are keeping their cards close to their vests as they negotiate.
The Whole Story:
If you already have a residence document issued under EU free movement law, this is your temporary residence permit good for two years.
Unlike other EU countries, there doesn’t seem to be any reciprocity demand for Maltese citizens in the UK. So maybe it’s a done deal … an estimated 15,000 British expats get to keep on living in Malta as if they’re still EU nationals.
THE NETHERLANDS (Updated)
CliffsNotes Version: The Netherlands is a constitutive system but is observing the rules under the withdrawal agreement, so nothing really changes during the negotiating period. If you want to stay after 31 December, you’ll need a residence document.
The Whole Story:
On Brexit Day, British citizens registered in the Netherlands received a letter from the Dutch Immigration Service outlining the terms of the withdrawal agreement including:
• after the transition period, they’ll need a residence document and that they’ll be getting a letter inviting them to apply online. The application cost is 58 euros for adults and 31 euros for children under 18 years old.
• you must wait for the invitation because the Dutch, being the methodical people they are, know they can’t get all 45,000 Brits registered at the same time. From February through June, the IND has sent 22,010 invitation letters to UK nationals living in the Netherlands, with 15,278 Brits submitting applications for a residence document. To date, the IND has decided on 10,072 applications.
• this is really important – if you already have a permanent residence document as an EU citizen, you’re going to need to change it – free of charge – for a new document. Again, you’ll get an invitation via post.
Now, here’s tricky part: You’ll have to meet all the conditions of obtaining a permanent residence permit … again. Find out here what those conditions are.
Read this updated Dutch information carefully here. Because no matter what happens this year as Boris negotiates with EU officials, Brits in the Netherlands are going to have some big decisions to make moving forward.
CliffsNotes Version: Poland is a declaratory system. Poland passed multiple bills in March 2019 including one applying to British businesses, one applying to recognizing professional credentials and one addressing the residency rights of UK citizens. Bottom line: Brits get 12 months from Brexit to get a temporary residence permit and/or apply for a permanent residence.
BUT, Brits who apply for long-term residency permits will have to prove they have not spent more than 10 months outside Poland during the past five years.
The Whole Story: Brits get through 2020 to apply for permits.
Poland, more than any other EU states, is adamant that the UK honor reciprocity and give Polish citizens and businesses in Great Britain (and there are many of both) the same deal they are extending to the Brits. Which is an on-going conversation.
You can see a thorough legal explanation here at the National Law Review.
CliffsNotes Version: Portugal is a declaratory system and all rights remain through the end of 2020. But Brits must be living in Portugal through the end of the transitional period, then continue living there and there rules regarding leaving Portugal for long periods. Brits will be issued new residence permits.
The Whole Story: British expats hoping to stay post-Brexit must sign up for a temporary registration certificate or a permanent residence card if they’ve lived in Portugal for more than five years.
If Britain crashes out without a Brexit deal after the 11-month transition period, only those already resident will have a legal right to stay.
Here is “The United Kingdom Nationals Keep their Right of Residence” notice .pdf, posted last November.
As we’ve mentioned many, many times before, Portugal has a liberal “Golden Visa” program that allows foreigners to stay permanently AND travel within the EU. Portugal requires a minimum investment of 350,000 euros, and there are lots of options.
Politico.eu has an interesting Brexit-related post on the Brits pouring a remote region of Portugal that has been losing population for years.
There were about 50,000 British citizens living in Portugal, but there are indications that number has risen even in the past few months.
REPUBLIC OF IRELAND (updated)
CliffsNotes Version: No deal, no problem.
The Whole Story: On 8 May 2019, the Brits and the Irish finally inked an agreement that – aside from border issues – codifies continuity.
The new agreement assures Irish citizens’ in the United Kingdom and British citizens that everything will remain the same, from rights to residency to insurance and pensions to the right to run in local elections, or even for the British parliament.
(Because of historic ties and the Common Travel Area, the Irish in Britain enjoy rights closer to full citizenship in the UK, according the Guardian.)
About 300,000 Brits live in the Republic, and about 350,000 citizens of the Republic live in the UK.
But … this has nothing to do with the Backstop. The border between the Republic and Northern Ireland is crucial to whether there is ultimately a no-deal Brexit. Hardline Brexiteers want to bring back a hard border with passport and customs checks; everyone else thinks that would be a violation of the Good Friday agreement and rekindle The Troubles.
That’s just one issue. As the Republic of Ireland is in the EU, it’s being inundated by British people seeking a second passport to keep their freedom of travel/migration. The Irish Times is reporting that the number of Republic passport applications by British citizens has risen to about 92,000 in the past 11 months from 46,000 in 2015, overwhelming the embassy passport services in London. About 4.4 percent of the 1.2 million UK citizens living across the EU have the family links back to Ireland that make them eligible for Irish passports, according to the Times post.
Here’s the link to the Ireland page on the new GOV.UK Brexit website.
CliffsNotes Version: Spain is a declaratory country. Brits have till 31 December 2020 to apply for a foreigner identity card. But if they’re already living in Spain with residencia – the green certificate of residence – they can now register for the new Tarjeta de Identidad de Extranjaro (TIE).
Spain also just created an 060 Brexit hotline to answer Brexit-related questions from Brits and Spanish citizens in English or Spanish. Out side Spain, call cc34 – 902 887060.
Information categories include residence requirements, healthcare, driving licenses, education, travel and business.
The Whole Story: Did you hear that huge sigh of relief last 1 March? That was the sound of 365,000-plus expats getting word Spanish officials have finally come out with a definitive Brexit policy: Everyone gets to stay in the EU country that’s home to the most British citizens.
Spain’s cabinet approved legislation for an estimated 400,000 Brits living in Spain remain in place if the UK ultimately leaves the EU without a deal. And under a reciprocity agreement, 180,000 Spanish citizens would remain in the UK. Spanish Prime Minister Pedro Sanchez said in December that Brexit won’t change the status of British citizens in Spain … as long as the UK extends reciprocity to his citizens.
Under the plan, Britons living in Spain will have to apply for a foreigner identity card before 31 December 2020 to prove their legal residency status. The process would be “nearly automatic” for those UK nationals who already have permanent residency, according to media reports.
Now, here’s the tricky part: If there’s a no-deal post-Brexit, a Spanish contingency regulation provides a 21-month period starting from the withdrawal date (31 January 2020) for the British nationals and family members to switch to third-country residence permits from EU rules.
There are a few uncertainties because the actual number of Brits in Spain is closer to 1 million, many of whom have homes there where they live only part of the year. If they don’t have a long-term residency visa, they could be limited to spending only 90 days per year under Schengen tourist-visa rules.
That said, Brits in Spain hold a strong hand, injecting about 1.32 billion euros each year just into the economy of Alicante, where more than 25 percent of them live, according to Forbes.
Also, don’t forget that Spain is one of the Golden Visa countries. The New York Times has new post about how you can buy a house in Spain and get a passport in the bargain.
Here’s the link to the Spain page on the new GOV.UK Brexit website.
Okay, about that whole Gibraltar thing … Gibraltar minister Fabian Picardo suggested it doesn’t make sense for Gibraltar, where 97 percent of residents voted Remain, to not be in Schengen Zone and accessible to EU citizens considering it’s attached to Spain and 1,500 miles from London. British officials replied, “In your dreams.”
Since the status of British citizens in Spain depends on what the UK does for Spanish citizens, Gibraltar could turn into major complication as the UK and EU enter negotiations.
About 15,000 people go back and forth between Spain and Gibraltar every day for work. The British have ruled Gibraltar since 1713 though Madrid continues to claim sovereignty over the 2.5-mile territory. Stay tuned.
CliffsNotes Version: Like France, Sweden has a constitutive system that requires applying for settled status. You can apply here.
Before the Brexit deal, Sweden’s Justice and Migration Minister Morgan Johansson is proposing that Sweden just hand out residents’ permits to any Brit who’s lived in the country for more than five years. Because if they don’t, a no-deal Brexit would mean Brits would have to leave. “If nothing is done it will mean that the British who have a residence permit will lose it overnight,” Johansson said.
Fortunately, with a deal, Sweden is following the same script as all the other EU countries … British citizens get a 1-year freebie to stay with the possibility of extension.
The Whole Story:
Sweden’s Brexit website says it all:
According to the withdrawal agreement, each member state will formulate a procedure that makes it possible for British citizens to keep their rights even after the transition period. It is the Government that decides what Sweden’s procedure will look like. This website will be updated when more information on this is available.
So, “to be announced” is the official policy as we enter the 11-month negotiation period.
Swedish officials have talked about giving UK citizens a one-year extension with no change in residence status in the event of a no-deal Brexit, according to Reuters. The waiver is to give Brits time to negotiate the paperwork of applying either for a third-country national residence permit or citizenship.
But Beyond Plan B and an orderly exit, the government’s official website here doesn’t commit to anything related to a no-deal Brexit other than to state the obvious: “Contingency planning to handle such an eventuality therefore needs to be in place.” That said, the Brexit website states that Brits in Sweden would be given” the conditions” to continue to live and work in Sweden and have access to social security, health and medical care and education. It just doesn’t specify how long. And as with every country, Sweden’s policy is built on reciprocity.
But, there is one big complication: Brits who want to travel during the transition period need proof they are exempt from the requirement of a residence permit. That is, you already have right of residence.
Which means if you’re just arriving for, say, a job but don’t have a residence permit, you ain’t goin’ nowhere till there’s a permanent plan.
There are about 30,000 British expats in Sweden, about 20,000 of whom don’t hold Swedish passports, according to reports.
Here’s the link to the Sweden page on the new GOV.UK Brexit website.
CliffsNotes Version: No change for Brits already living in Switzerland.
The Whole Story: Oh, the ignominy.
British citizens have joined expats from Syria and Libya at the back of the line. Switzerland is instituting a quota system that will limit the number of Brits coming to work to 3,500. At first we thought this was The Onion.
But we found the Swiss official statement which says (emphasis ours):
As part of its ‘Mind the Gap’ strategy, the Federal Council decided at its meeting on 13 February 2019 to introduce a separate quota as a temporary measure, allowing 3,500 British citizens to work in Switzerland. This is intended to mitigate the consequences for the economy and the cantons of an abrupt change in the status of British citizens from persons benefiting from freedom of movement to third-country nationals; it will also prevent undesirable competition for jobs between British citizens and other third-country nationals.
The quotas would not apply to the 42,000 or so Brits already living in Switzerland, just new people trying to enter the Alpine paradise to work.
The release goes on to say “it should be possible to recruit a total of 3,500 workers from the UK: 2,100 residence permits (B) and 1,400 short-stay permits. This will guarantee the flexibility that the Swiss economy needs.” It’s not clear whether the 42,000 number will be a benchmark, or if the total falls below that, new visas will be issued.
The good news (sort of) is that there are talks are underway that might lead to Swiss officials lightening up a little bit on the Brits. (Can you say, “Kicking them while they’re down?”) This is also a harbinger of bad things to come because while Switzerland isn’t an EU member, it observes many of the EU rules and regulations. So if this is happening in Switzerland, then it could happen in other non-EU countries with large British expat populations.
As to residence rights (you thought we forgot), Brexit has no effect because Switzerland isn’t in the EU and it signed a Citizens Rights agreement with the UK last December guaranteeing nothing will change.
Here’s the link to the Switzerland page on the new GOV.UK Brexit website.