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Reminder on Registration Before the End of Transition Period

September 14, 2020

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  • European UnionEuropean Union

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At a Glance

  • As a reminder, to protect post-Brexit work rights, UK nationals residing in an EU country should complete any requisite national registration requirements to demonstrate their legal stay before December 31, 2020.
  • Applicants should anticipate pandemic-related appointment queues in jurisdictions where personal appearance is required.

The situation

UK nationals residing in an EU country should complete any requisite national registration requirements to demonstrate their legal stay before the end of the Brexit transition period, December 31, 2020. Failure to do so could impact work and residence rights in the European Union after the end of the Brexit transition period. This registration is voluntary in some EU countries and mandatory in others.

A closer look

  • Delays. Applicants should anticipate pandemic-related appointment queues in jurisdictions where personal appearance is required.
  • Non-EU family members. If applicable, non-EU family members of UK nationals should apply for a dependant residence permit before December 31, 2020, as well. As non-EU family members will, in some jurisdictions, be required to submit the UK national's residence certificate with their application, affected applicants are advised to start registration steps early to ensure all steps can be completed before the December 31 deadline.

Background

Residence certificates ensure UK nationals resident in an EU country safeguard their EU stay rights after the Brexit transition period ends on December 31, 2020.

Impact

UK nationals who do not complete necessary registrations before December 31, 2020 may lose work and residence rights after the end of the Brexit transition period. At that time, non-registered UK nationals will generally be required to obtain full work authorisation and a residence permit in the same way as any third country national.

Looking ahead

While the EU registration process is currently detailed in each European country, most EU country authorities have yet to publish regulations on how UK nationals will obtain work authorisation from January 1, 2021, or on the process for existing residence certificate holders to obtain the residence permit that will be required under Article 50 of the Treaty on European Union.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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