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How long can Brits stay in the UK without losing their EU residency?

The coronavirus pandemic has seen many British nationals resident in the EU return to the UK, but those 'waiting out' Covid-19 back in Britain could lose their rights to live in their host country. Here's what you need to know to make sure you keep your EU residency status.

How long can Brits stay in the UK without losing their EU residency?
Brits waiting out the pandemic in the UK could have trouble returning to their homes in the EU. Photo: Eric Piermont/AFP

Brits living in the European Union who have returned to the UK until Covid-19 subsides are being urged not to stay away from their host country for too long – or they risk losing their rights to residence there, warns citizens’ rights group British in Europe.

READ ALSO: How the Brexit deal has changed daily lives of British residents in Europe

Since Britain left the EU on January 1st 2021, British nationals are covered by the Withdrawal Agreement (WA). This legislation sets out citizens’ rights, providing for entitlements to work, study and access public services and benefits on similar terms to when the UK was part of the EU.

Under this agreement, there is a limit to the amount of time Brits can be away from their host country – that is, the EU country they moved to. How much time you’ve been resident in your host country determines how long you can spend in the UK.

If you have permanent residence under the Withdrawal Agreement, the permitted absence from your EU country is five years. Permanent residence is granted for anyone who has “been living in a Member State continuously and lawfully for five years at the end of the transition period”, according to UK government guidelines.

Photo by PHILIPPE HUGUEN / AFP

What does continuously mean? The UK government advice is that “individuals will generally have been lawfully residing in their host state for at least six months in any 12-month period”.

That means you’re in the clear if you possess permanent residency under the Withdrawal Agreement. Unless you plan to stay in the UK for several more years from now, you aren’t in danger of losing your residency rights while you’re away.

READ ALSO: Brexit: Anger and frustration for Brits in Italy amid confusion over new biometric ID card

On the other hand, if this doesn’t apply to you and you have ordinary residence instead, the permitted absence is a total of six months in a 12-month period.

This can be extended, however, to “one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country”.

Does Covid-19 count as an important reason?

The Agreement provides for cases of serious illness, so if you caught Covid-19 in the UK, you can argue this is valid for extending the six-month absence to 12 months.

It gets more difficult to define if your individual case falls outside of these allowances. You may personally believe your circumstances warrant staying away for longer than six months: difficulty of travel, looking after an ill relative, your struggling mental health if you return to an apartment to live alone are all good reasons to stay in the UK. However, it’s not clear cut whether this will be accepted and each country will have different rules.

As there are no clear guidelines on which Covid-related reasons would justify an extension, if you have ordinary residence, you could lose your residence rights if you are absent for more than six months.

Photo by Tolga Akmen / AFP

It can sometimes be tricky to calculate exactly how long your period of permitted absences is. EU rights service Your Europe Advice may be able to advise on your individual case – you can contact them here.

How can you prove how long you’ve been away from your EU residence?

On returning to your host country – or the EU transit country – you may be asked questions about your residence at the border. You will be required to explain that you haven’t been away from your host country for more than a six-month period, or that you have solid grounds for extending this to 12 months.

“You should, therefore, be ready to provide proof of your periods of absence and, if claiming more than six months’ absence for Covid-related reasons, to provide documentary proof of those reasons,” states British in Europe.

Proof of these absences can be in the form of travel tickets. Meanwhile the group says that any Covid-related documentation will need to be “convincing”. This could include test results and details of treatment.

And of course, you’ll need to prove that you’re resident in your EU country in the first place. Show border guards your residence card if you have one, or if your country doesn’t use them or hasn’t issued yours yet, carry documentation such as property deeds, rental agreements, employment contracts or utility bills that show you’re based there. 

More details and FAQs on UK nationals’ residence rights in the EU can be found on the European Commission’s website here.

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Member comments

  1. 20.3.2021 Spring Starts!

    Hello,

    If living in the EU then I think the best thing is to apply for Dual nationality. This was possible in Germany, but I am unsure if still available. It will certainly save a lot of problems.

    What do others think about this?

    1. Germany allows British citizens to keep their citizenship when applying for naturalisation as long as the application was submitted and all relevant requirements (length of residence, language level certificate and the citizenship test) were completed before 31 December 2020 – any applications made after that date would require you to renounce your British citizenship before the German authorities will grant you German citizenship. Germany only allows dual nationality with other EU member states or Switzerland, so as the transition period finished on 31 December 2020 so did this possibility.

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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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