What will happen to citizenship in Britain? in the EU?

Freedom of motility between the Great britain and Eu stopped with the finish of the transition menses on 31 Dec 2020. The rights of U.k. citizens to live, work or study in the European union are now governed by a combination of the Trade and Cooperation Agreement, the Withdrawal Agreement, and the national rules of European union member states.

In this explainer we look at the position of UK citizens who live – or want to live – in European union and EEA fellow member states other than Ireland (which remains part of a Mutual Travel Expanse with the UK).

It explains which Britain nationals take the right to alive in the EU, how they obtain this correct and how the process is going. Information technology besides looks at how the new immigration rules affect British tourists. Business concern travel rules are covered in our explainer on mobility.

Who tin utilize for residence in the Eu?

Under the terms of the Withdrawal Agreement, UK citizens and their family members who were legally resident in an EU member country before the cease of the transition menses (31 Dec 2020) are eligible for permanent residence in that country.

Family members tin join a UK citizen who obtains permanent residence in an EU member land, even after the end of the transition menstruum (although this does not utilise to anyone who became a spouse after the end of the transition period).

Permanent residence protects their rights to continue to work and reside in that Eu country. It does not protect their right to vote or stand for ballot, nor are they entitled to move or do business in another EU country in the way they could before the terminate of transition.

How is permanent residence obtained?

Broadly speaking at that place are two different ways United kingdom of great britain and northern ireland citizens obtain permanent residence, depending on which European union country they reside in.

The first grouping of thirteen countries are operating a 'constitutive' system. This means that UK citizens demand to formally apply for their new permanent residence condition – much as EU citizens need to utilise here.

The process typically requires the submission of documents such as one's passport and evidence of legal residence before the stop of the transition period.

The deadline fix by the Withdrawal Agreement for applications was 30 June 2021, to let a six month 'grace flow' following the end of the transition menstruum.

Ten countries are offer longer grace periods until either 30 September, one October or 31 Dec 2021. Failure to submit an application past the borderline will lead to an private losing their correct to reside in that country.

The three countries which operated the 30 June deadline are France, Latvia, and Malta. Holland and Grand duchy of luxembourg were originally operating to that borderline only extended it to i October and 31 Dec respectively.

France volition also permit late applications until 30 September, if applicants tin can give a reason for why they are submitting late.

The second group of fourteen countries – including Spain, Germany, Republic of cyprus, Portugal and Italia – are operating a 'declaratory' organization. Under this system, individuals who were legally resident in the country before the end of the transition catamenia are automatically entitled to a new residence status. They practice non face the run a risk of losing their residency status if they miss the awarding deadline.

In practice, however, many Great britain nationals will still need a new residence document to admission their rights. That means they volition have to submit an awarding proving they were resident prior to 31 December 2020, albeit without the cliff-edge of losing i's rights permanently if an application borderline is missed.

The precise requirements and process varies country-by-country. For example, in Poland there is no obligation for United kingdom of great britain and northern ireland citizens to obtain a new residence condition or document.

In Espana, UK nationals can use existing residence documents until they expire, at which indicate they will need to obtain a new kind. British citizens in Federal republic of germany without the necessary residence document are expected to notify the authorities by xxx June 2021.

How many UK citizens take obtained permanent residence in the Eu?

In Dec 2020, the United kingdom and EU estimated that merely over one meg United kingdom nationals and their family unit members were resident in the EU.

Effectually 300,000 of these were thought to live in countries with 'constitutive' systems where they will demand to apply for permanent residence before a deadline.

As of June 2021, 223,000 applications had been received and 102,000 concluded.

Source: Uk-European union Specialised Commission on Citizens' Rights.

In the three countries operating a 30 June deadline, an estimated 12,500 eligible residents had non yet practical for permanent residence. Further applications will have been made since (and some may accept opted not to utilize), but the total number of eligible residents estimated by the U.k. and European union is probable to exist an underestimate. Applications for settled condition in the Uk are already around 50% higher up initial estimates of how many people were eligible.

In that location are estimated to exist roughly another 770,000 Uk citizens resident in countries operating 'declaratory' systems, where UK citizens may not be required to apply for a new residence certificate, or only one time their existing document has expired.

Every bit of 18 June 2021, 212,000 applications had been received and 172,000 approved. The bulk of these were in Kingdom of spain – where there are estimated to be 380,000 Uk citizens resident.

Source: Great britain-European union Specialised Committee on Citizens' Rights.

What happens to people who fail to come across the deadline?

EU guidance says that under constitutive systems 'failure to apply in fourth dimension may atomic number 82 to a loss of whatever entitlement under the Withdrawal Agreement'. Those entitlements include the right to live in the EU country of which an individual is resident.

What happens in practise will depend on how individual countries operating constitutive systems cull to enforce their rules, including any entreatment systems.

In that location could also exist gaps between the deadlines referred to in a higher place – which are the cut-off points for submitting paperwork – and action being taken confronting those who have non done so.

France, for example, had a borderline for submitting an awarding of 30 June 2021, just UK nationals are only required to hold a residence let from 1 October 2021.

Under declaratory systems, in some cases there are deadlines for Great britain citizens to register their new residence status (for case thirty June 2021 in Slovakia). However missing the deadline can consequence only in a fine, and non in the loss of the rights which an individual has nether the Withdrawal Understanding.

What happens to people who recollect their awarding has been unfairly rejected?

In both constitutive and declaratory systems, UK nationals have a right to appeal if their application for a permanent residence status/document is rejected. They maintain their right to residence until a terminal determination is made on their appeal, unless they are considered to pose a threat to public security.

The European Commission will monitor the application of citizens' rights provisions in the Eu to make sure they are consequent with the EU'due south treaties – of which the European Courtroom of Justice is the ultimate arbiter.

Can these people move to another Eu country?

Not permanently. The Withdrawal Agreement gives Britain Citizens the correct to live permanently merely in the European union state of which they were legally resident as of 31 Dec 2020.

That right is lost if an individual is absent-minded from their EU country of residence for more than five years.

A UK citizen with permanent residence rights in one European union state would accept to comply with national migration processes for tertiary country migrants to move to another – the same rules that use to people moving from the UK.

However, under a carve up EU Directive, in one case a United kingdom of great britain and northern ireland citizen (or whatsoever other third country national) has been resident in a member country for five years, they obtain to the correct to move to another member land for longer than iii months for purposes of employment, written report or training.

Is the state of affairs the same for British residents in EEA countries?

Yep. The U.k. has signed a separate agreement with the three non-European union countries in the European Economical Surface area (EEA) – Norway, Liechtenstein, Iceland – and some other with Switzerland. These four countries all have liberty of movement with the EU.

The 2 agreements grant Great britain citizens resident in those countries the aforementioned permanent residence rights every bit provided for by the Withdrawal Understanding.

Norway is operating a constitutive system for obtaining permanent residence (with a deadline of 31 December 2021 for applications), while Switzerland, Liechtenstein, and Iceland are operating declaratory systems.

Tin people withal retire to the European union, or move at that place for work or study?

Yes, although they will not take an automated correct to do so. Individuals will need to brand sure they meet an private member country's immigration rules before they move there for any longer-term purpose.

British nationals looking to retire in Spain, for example, would generally need a visa that either requires them to demonstrate sufficient savings to support themselves, or is subject to them making a major majuscule investment in Spain.

Those looking to move for piece of work will need a work permit, and in most cases will also require a job offering earlier they can obtain the necessary visa.

British students seeking to study in the Eu would need to ensure they complied with any entry requirements before moving, and would be bailiwick to any higher fees charged to not-Eu nationals.

The UK is no longer part of the European union's Erasmus+ scheme which funds educational and training opportunities across the EU over seven years (€26.2 billion over the next seven years). However, the Irish authorities has said it volition go on to provide funding for students at Northern Irish universities to access the scheme.

The Great britain government is setting up an alternative Turing scheme which will provide £100 one thousand thousand of funding for Britain students to continue placements overseas from September 2021.

What are the new rules for British tourists in the EU?

The state of affairs for Uk short-term visitors to the EU (i.east. tourists) also changed with the terminate of gratis movement.  In that location are at present limits on how long British nationals tin spend on vacation in the EU.

Under the new rules, short-term visitors with a U.k. passport may spend a maximum of 90 days in the EU in any 180 mean solar day period.

The time can be spent across anywhere in the Schengen Area, which is a grouping of 26 countries (22 EU fellow member states plus Republic of iceland, Norway, Switzerland and Principality of liechtenstein) that individuals can motion freely between without border checks.

Bulgaria, Croatia, Cyprus, Romania and Republic of ireland are the five European union member states not in the Schengen Area. The first four utilize their own 90-day policies for UK citizens, while the Uk and Ireland take a dissever agreement facilitating gratis movement.

The United kingdom is part of a group of countries whose citizens are exempted from needing a visa for brusk visits to the European union. For those wishing to stay beyond 90 days, entry requirements vary according to each state.

From 2022 U.k. citizens volition need to take a ETIAS – an electronic travel allow for tourists which waives the requirement for a visa. Travellers have to input bones data such as their name and passport details, and those over eighteen need to pay a €vii fee.

What happens if you stay across 90 days?

A UK citizen who spends over 90 days in the EU during a 180 catamenia – without any other form of get out to remain – would be illegally nowadays.

This became a tangible risk for the first time on one Apr 2021 – the 91^st mean solar day following the end of the transition period.

The European union says that staying for over 90 consecutive days can 'consequence in a re-entry ban to the Schengen expanse', adding that 'depending on the member land administrative penalties may as well use.'

In reality, what happens is downward to how individual EU fellow member states choose to manage the policy and take action against overstayers.

For case, in 2020 Eu states took various courses of activity to grant extended stays to individuals who had overstayed the xc day limit, due to the unprecedented travel restrictions acquired by the Coronavirus epidemic.

Has anyone been deported?

On 28 March the Daily Express reported that Castilian law were planning to behave 'inside weeks' around 500 UK citizens who lacked the correct paperwork – a merits the Spanish government promptly denied.

At that place have so far been no reports of deportations or targeted searches in Spain or other EU fellow member states.

By Joël Reland, Public and Foreign Policy researcher at United kingdom in a Changing Europe. This Explainer was originally published on 27 April 2021, and was updated on 7 July 2021.

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Source: https://ukandeu.ac.uk/explainers/uk-citizens-in-the-eu-what-you-need-to-know/

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