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RESIDENCY PERMITS

Brexit: Five key things to know about applying for residency in the EU

As tens of thousands of Brits across Europe prepare to begin the process of applying for residency rights to ensure their right to remain after Brexit, here are five key points you should know, thanks to British in Europe.

Brexit: Five key things to know about applying for residency in the EU
Photo by Markus Spiske

British nationals across Europe are facing a crucial time over the coming weeks and months as most face the prospect of having to apply for residency or at least register with authorities as a way of ensuring their future in the EU.

While the Withdrawal Agreement was ratified in January this year EU countries have the task of implementing the rights it guarantees British Citizens in the EU.

And things are moving slowly, with the UK having made more progress in registering EU citizens.

“Across the EU things are very much further behind than in the UK,” Kalba Meadows from British in Europe told a parliamentary committee this week.

“In fact there are only three EU countries where implementation (of the Withdrawal agreement) has begun: Italy, Netherlands and Malta,” she said

Other countries are at different stages with some having legislation in place to ensure the rights of Brits are guaranteed whilst others do not, she explained.

British in Europe have helped spell out some important points on the issue of residency rights and the procedures that British readers should be aware of. The points below are taken from British in Europe's Guidance note.

1. There's no minimum duration for living in a country before December 31st 2020

You will be covered by the WA for residence if you (a) lived legally (see above) in your host country before the end of the transition period and (b) you continue to do so afterwards. All possible situations where the right of residence stems from free movement rules are included.

This includes ordinary residence, whether you’re employed, self-employed, self-sufficient or a student; permanent residence; residence as a family member; and residence under the special rules for jobseekers.

There is no minimum duration for having lived legally before the end of the transition period. Example: you move to Finland to take up employment on December 1st 2020 and remain there after December 31st 2020. You are covered by the WA.

2. You don't actually need to be physically in the EU on December 31st

You don’t need to be physically present in your host country at the end of the transition period to be covered by the WA, as long as you remain legally resident on that day.

This is because as a legal resident you are allowed to be absent from your host country for certain periods without losing your residence rights: As an ordinary resident, you can be away from your host country for no more than 6 months every year without losing your resident status.

You’re allowed one longer absence of up to 12 months in the 5 year period for ‘important reasons’: eg childbirth, serious illness, study, vocational training or posting elsewhere (this is not an exhaustive list).

Once you have acquired permanent residence under the Withdrawal Agreement, you can be away from your host country for 5 years – an increase on the 2 years permitted for EU citizens – and still retain the right to return and keep your rights of permanent residence.

3. Rights don't change if you lose or change your job

Your right of residence under the WA in your host country is not affected if you change your status. Your ‘status’ for this purpose represents the category under which you are exercising your free movement rights: employed, self-employed, non economically active and self-sufficient or student.

So your rights are not affected if, for example if you stop being a student and start work, if you stop working and become non-economically active and self-sufficient, or if you move between the categories in any other way.

You can also hold more than one status at one time – for example you can be a student who is simultaneously self-employed. There are no procedural consequences attached to a change of status – you don’t have to report it to your registration authority or apply for or request a new residence document.

4. The qualifying period for permanent residency doesn't have to be the last 5 years

If you already hold permanent residence status under current free movement rules at the end of the transition period, you will be eligible for permanent residence status under the WA.

If you have not been resident long enough to acquire permanent residence status under the WA at the end of the transition period, you can continue to build up your years until you reach 5 years, when you will be eligible for permanent residence under the WA.

Periods both before and after the end of transition will be taken into account. One very important precision is that the qualifying period of residence does not have to be immediately before the moment when the right of permanent residence is claimed.

This means, for example, that if you have been resident in your host country for over 5 years but your circumstances changed recently, leaving you struggling to meet the conditions, you can call upon an earlier period of residence during which you did meet the conditions to use as your qualifying period.

5. Deadlines could be crucial depending on the country you are in

13 countries are adopting a constitutive system.

We still await the published list, although most countries now have stated which they will adopt. In a constitutive scheme you acquire residence status only if (a) you make an application for it and (b) that application is granted. In other words, the ‘source’ of your residence status and the rights that stem from it is the decision on your application made by the registration authority in your host country. It’s that decision, and the residence document that is issued as a result, which confers your residence status.

This is how ‘settled status’ works in the UK, and it also corresponds to the type of system used to deal with residence applications in EU member states from third country nationals. In a constitutive scheme, if you miss the deadline to apply for a new status under the WA or your application isn’t successful you will have no residence status and therefore in principle no legal right to reside.

This means that, if your host country is operating a constitutive scheme, it is crucial that you meet the deadline for applying for your new residence status. This deadline cannot be earlier than 30 June 2021 (6 months after the end of the transition period) and in some host countries may be later – but don’t miss it!

British in Europe stress that it's important to read their full guidance note to understand all the issues around gaining residency in an EU country. You can read the full document HERE.

 

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TRAVEL NEWS

France may cut Channel islands ferry service after post-Brexit collapse in visitor numbers

Visits to the Channel islands from France have halved since Brexit, and French local authorities say they may be forced to cut the regular ferry service, asking for the passport requirement to be waived for French visitors.

France may cut Channel islands ferry service after post-Brexit collapse in visitor numbers

Travel to and from the Channel islands – which are British crown dependancies – has reduced significantly since Brexit, when passports became a requirement for those travelling in and out of the islands and their ports.

Now the president of the local authorities in the Manche département of France has asked that passport requirements be lifted, with hopes of increasing travel to and from the islands.

Jean Morin told Ouest France that there has been a “considerable reduction in the number of passengers on routes between the Channel ports and the islands” and as a result the ferry service between France and the islands was seriously in deficit.

“On these lines, we will never make money, but we cannot be in deficit”, explained the Morin. 

He added that if a solution is not found by the deadline of May 1st, 2023, then local authorities will stop funding the shipping company DNO, which runs the Manche Îles Express ferry service.

“If the passport requirement is not lifted by then, we will have no choice but not to renew the service contract for 2024-2025”, Morin told Ouest France.

Only around half of French people have a passport, since the ID card issued to all adults is sufficient to travel within the EU. 

READ MORE: Ask the Expert: How Brexit has changed the rules on pensions, investments and bank accounts for Brits in France

DNO re-launched operations in April and since then, the company, and by extension the département – who plays a large role in funding it via a public service delegation – has been losing significant funds.

According to Franceinfo, the number of passengers has been cut in half since passport requirements were introduced. Franceinfo estimates that for one ticket for one passenger costing €30, the département spends €200.

According to Morin, the ideal solution would be to require a simple ID for tourists seeking to take just day-long or weekend-long stays on the islands – which reportedly represents at least 90 percent of the boats’ usual passengers.

“The Jersey government is working hard on the issue and is waiting for an agreement from London and the European Union. There is the possibility that things could move quickly”, Morin told Franceinfo on Tuesday.

Prior to the Covid-19 pandemic and Brexit, boats going to and from the French mainland carried at least 110,000 people per year. In 2022, only 40,000 passengers made the journey, Olivier Normand, the sales manager of Manche Îles Express, told Actu France.

Normand had expected the decline, however. He told Actu France that the company had taken a survey, which found that almost half (between 40 and 50 percent) of their clientele did not have a passport. 

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