The United Kingdom’s decision to leave the European Union gives rise to great uncertainty about the future for all those concerned. In particular, the risk of a possible no deal-scenario is a source of great concern for British citizens and their family members living in Denmark.
Together with the other EU Member States, Denmark has worked to come to an agreement with the United Kingdom on the Withdrawal Agreement. The purpose of the Withdrawal Agreement is to ensure that British citizens who are legally residing in the EU in accordance with the EU rules on free movement on the withdrawal date can continue to reside in the EU also after this date on terms, which overall correspond to the current terms.
In order for the Withdrawal Agreement to enter into force and provide effects, it must be approved by both the British Parliament and the European Parliament.
If the Withdrawal Agreement is not approved, it will not enter into force (the so called no deal-scenario).
It is still the hope of the Danish Government that the Withdrawal Agreement will be approved. This would without comparison be the best outcome for all parties concerned, and in particular for EU citizens and British citizens who have moved to and from the United Kingdom in accordance with EU rules on free movement.
On 29 October 2019, the European Council agreed on an extension of the United Kingdom’s withdrawal from the EU. The deadline is now set for 31 January 2020with the possibility for an earlier withdrawal if the Withdrawal Agreement is approved by the parties before this date.
Regardless of when the United Kingdom withdraws from the EU, British citizens will by default be considered to be third country nationals after the withdrawal date.
The Danish Government has been preparing for all possible outcomes of the negotiations on the British withdrawal from the EU including the no deal-scenario. Necessary measures have been initiated to enable the authorities to manage a no deal-scenario from the withdrawal date.
What can you do now
Regardless of whether the Withdrawal Agreement enters into force, residence documents that have already been issued in accordance with the EU rules on Free Movement will continue to be valid in a transitional period. This also applies if you have been issued with older residence documents, e.g. if the document is issued to a citizen of an EC Member State.
You do not need to do anything now if you have already once been issued with a document or card, which confirms your right of residence in Denmark under the EU rules on free movement.
If you have once been issued with a document (a registration certificate or residence card) proving your right to reside in Denmark under the EU rules on free movement, but you have lost your document, you are encouraged to contact the Danish Agency for International Recruitment and Integration to apply for a document confirming your right to reside in Denmark in accordance with EU rules.
If you are a British citizen or a family member of a British citizen residing in Denmark under the EU rules on Free Movement without being in possession of an EU registration certificate (certificate in the format of a letter issued to EU citizens) or an EU residence card (residence card issued to third country nationals in the format of a credit card) respectively, or without having applied yet, you are encouraged to submit an application for such documentation before the withdrawal date. This will make it easier for you to prove that you have a right of residence, and, conversely, make it easier for the Danish authorities to determine that you are residing legally in Denmark on the withdrawal date.
Applications for registration certificates and residence cards must be submitted to the Danish Agency for International Recruitment and Integration.
If you are British citizen or a family member of a British citizen with a right of permanent residence in Denmark under the EU rules on Free Movement, without proof of such right (a letter or a card issued by the authorities), you are encouraged to submit an application before the withdrawal date, if you haven’t already done so.
Applications for registration certificates and residence cards stating a right of permanent residence must be submitted to the Danish Agency for International Recruitment and Integration.
You may apply for EU registration certificates and EU residence cards after the withdrawal date. You must, however, be able to prove that you had a right of residence in accordance with the EU Residence Order on the withdrawal date.
It should be stressed that your right of residence is not lost, if you haven’t been issued one of the above mentioned documents. Your right of residence is not dependent on the document.
Published by ” UIM “