Upcoming Post-Brexit Rights Application Deadline for Certain EU Member States
June 22, 2021
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At a Glance
- As a reminder, UK nationals and their family members seeking residence rights under the Withdrawal Agreement based on residence before December 31, 2020, must apply for Article 50 residence permits before or on June 30, 2021 in Croatia, France, Germany, Greece, Latvia, Luxembourg, Malta and Slovakia.
- UK nationals and their family members who do not file applications by June 30, 2021 in France, Latvia, Luxembourg and Malta may lose their rights under the Withdrawal Agreement.
- Additionally, in Germany, late applicants may have difficulties proving their status.
- In Croatia, Greece, and Slovakia, late applicants may face fines but may still be able to retain their residence status, at the authorities’ discretion.
The situation
As a reminder, UK nationals and their family members seeking residence rights under the Withdrawal Agreement based on residence before December 31, 2020, must apply before or on June 30, 2021 in Croatia, France, Germany, Greece, Latvia, Luxembourg, Malta and Slovakia.
A closer look
- Eligibility. UK nationals and their family members (including permanent residents) who were resident in the European Union by December 31, 2021 can apply for Article 50 residence permits.
- Even if their existing document expires after June 30, 2021, individuals must apply for the Article 50 residence permits.
- Late applications. The countries with approaching deadlines for UK nationals and their family members have different consequences for filing late applications, past the June 30, 2021 deadline:
- France, Latvia, Luxembourg, Malta. Late applicants may lose their rights under the Withdrawal Agreement and, without compelling circumstances for the delay, will not be permitted to continue residing and working in the country.
- Germany. Late applicants may have difficulties proving their status that may result in administrative issues, for example, completing right-to-work checks and opening bank accounts, among others.
- Croatia, Greece, Slovakia. Late applicants may face fines but may still be able to retain their residence status, at the authorities’ discretion.
Impact
To continue work and residence in the above-listed EU Member States, UK nationals must apply for immigration status by the June 30, 2021 deadline or they may risk losing their status.
The UK government has published detailed Brexit-related information and is offering resources to UK nationals living in the European Union on their official website available here.
Background
- Article 50 Withdrawal Agreement. The EU-wide Brexit transition period ended on December 31, 2020. UK nationals residing or working in EU Member States by December 31, 2020 are now required to obtain a new proof of status, based on Article 50 of the Withdrawal Agreement.
- Reciprocity. The United Kingdom has implemented a European Union Settlement Scheme, which similarly offers EEA/Swiss national resident in the United Kingdom prior to December 31, 2020 the ability to apply under the scheme to continue to work and remain in the United Kingdom. The deadline for this application is June 30, 2021.
Looking ahead
Some other EU Member States have not yet set Article 50 deadlines, while others have later deadlines than June 30, 2021. However, eligible UK nationals residing in these countries are strongly encouraged to apply for the permits as soon as possible.
For more information, please visit Fragomen's dedicated site.
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].
