Brexit: U.K. citizens to apply for new residence status in 2021
11 Nov 20
IMPACT – MEDIUM
Danish authorities have issued guidance for U.K. nationals who are living in Denmark.
- U.K. nationals residing in Denmark in accordance with the EU rules on free movement must be aware that in 2021 they will be required to apply for new residence status and a new residence document showing they benefit from a continued right of residence in Denmark under the United Kingdom’s Brexit Withdrawal Agreement with the European Union.
- U.K. nationals and their family members residing in Denmark must apply for the new residence document before Dec. 31, 2021. The issuance of this document is a precondition for maintaining the right to work and reside in Denmark. This requirement also applies to persons with permanent residence rights in Denmark. Existing rights with regards to residence and work are maintained, while the application is being processed.
- Residence documents that have been issued in accordance with EU rules on free movement will continue to be valid as documentation for residence rights until a new residence document is issued. This also applies if you are the holder of residence documents of older age, e.g., a document issued to a citizen of a European Community (EC) member state.
- Applications for a residence document under the Withdrawal Agreement can be submitted when the transition period provided for in the Withdrawal Agreement has ended, i.e., Jan. 1, 2021, and must be submitted before Dec. 31, 2021, at the latest. Applications are to be submitted to the Agency for International Recruitment and Integration (SIRI).
- U.K. nationals living in Denmark and having obtained a Danish CPR number will receive a letter from SIRI via e-boks in November 2020 with information on the new application procedure. In December an additional letter will be sent to advise the U.K. national on the dates on which the application can be lodged. Not all U.K. nationals will apply at the same time.
- Once the online application has been lodged, biometrics recording is required as part of the process. There is no governmental fee for the application or for the biometrics recording at The Danish Agency for International Recruitment and Integration (SIRI).
- Until the new residence document is issued, U.K. nationals are recommended to carry the existing residence documents issued under EU rules (“EU-registreringsbevis”/”EU-opholdskort”) when traveling to and from Denmark in order to prove a residence right beyond 90 days for the purpose of border checks.
- Commuters who are working in Denmark, but living in another country, must also go through the new application process. They will not be notified automatically via e-boks as they are not CPR registered, but must keep updated via the authority’s websites, and apply before Dec. 31, 2021. Until their new travel document has been issued, commuters can use alternative documentation as proof, like an employment contract that confirm they were working in Denmark before the end of the transition period.
Background: When the Brexit transition period comes to an end, U.K. nationals will have to apply for residency if they are living in a European Union member state. The requirements vary depending on the country of residency and Deloitte will continue to provide updates as EU countries provide additional information.
Analysis & Comments: Employers should ensure that all U.K. employees are meeting the current requirements for the transition period before Dec. 31, 2020, and for the new residence status before Dec. 31, 2021. U.K. nationals who only arrive in Denmark after Jan.1, 2021 will be regarded as regular third country nationals so they fall under the national rules for residence and work permits for Non EU nationals.
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