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Brexit and Loss of Free Movement Through Schengen

Last activity 26 June 2018 by Rapbom

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GuestPoster51

At the moment, all non-British EU citizens living and working in UK now have to pay £75 to apply for a visa if they want to stay and work in UK.  Moreover, they need to apply now but they will not be told if their application is successful until March (another 9 months)

What will happen to people with British passports living in Bulgaria?  Will residency permits be valid after March 29th 2019?  Will people with British passports lose the right to live and work in Bulgaria?  Will we have to apply for a visa to live and work in BG?

Even for those British that have a house in Bulgaria that they use only as a second or holiday home will have to apply for a Schengen visa to visit their own house.  So will these people have to set up companies to continue to own a house?  EU citizens can own property with land but non-EU citizens can own only apartments.  Owning a company is the way to resolve this but the house must belong to the company.

If you are a British citizen with a long Bulgarian resident permit you will not be able to travel in Schengen without a visa because you are no longer an EU citizen.

A £49 Schengen visa only lasts for 90 days and you have to wait 6 months before you can renew.

A Bulgarian resident permit means you must stay in BG for 5 years before you can apply for Bulgarian citizenship but you can go to back to UK for up to 9 months in those 5 years before it is lost.  It works out about 5 weeks per year you can go back to UK.

For me this is a problem because i have elderly parents in UK that need to be checked because they have bad memory and are very vulnerable even though they live independently.  They are also too sick to relocate and need medical support so i cannot bring them to BG.  Moreover, they do not want to come to BG.

So currently, I travel back and forth from UK to BG.  But after the March cut off date what do i do?  Stay in BG full time and try for citizenship and turn my back on my parents?  Or return to UK and lose my Bulgarian resident permit?

It is all a mess.  So what do people think on this issue.  Are my facts wrong?

Fred

First thing is to verify your points by linking to reliable sites that explain the rules.
That way you have a valid starting point to work from.

Cynic

My thoughts:

As it stands, anything related to the how/where/why of what current EU citizens must do to remain resident in the UK has been published in the "EU Settlement Scheme statement of intent" document; you can download the document from this link.  The important thing to realise from this is that this issue is not current UK law, it is a "statement of intent" that will be further revised, with the final version "later this year".

As for the Bulgarian aspects; I haven't seen anything from the Bulgarian Government on what their final policy will be.  However, there is in existence an international UN treaty - "The Vienna Convention on the Law of Treaties"; this is a treaty that predates the EU and both the UK and Bulgaria are signatories - it was the governing treaty that Governed the relationship between the UK and Bulgaria from 1969, up until 2007 when Bulgaria joined the EU, when both Governments agreed to adopt the EU provisions.  The treaty describes the international law on treaties between countries and in its simplest form basically says that any agreements between states e.g. such as about allowing property ownership or residency, cannot be revoked. So whenever Brexit happens, any rights you currently enjoy as a non-Bulgarian living in Bulgaria should remain; I say "should" because although I was not there, I suspect the politician's mouths were moving when they made this undertaking back in 1969 - we all know what that could mean.

Just my thoughts, but I hope it helps.

Cynic
Expat Team

GuestPoster51

Thank you both for your response.  You are both kind.

I have looked at the document you posted Cynic.  From what i understand, the document from the Right Honorable (Rt Hon) Sajid Javid is for EU Citizens that want to remain in the UK and not for EU Citizens that want to leave UK.

Moreover and, with the greatest respect to the Rt Hon Sajid Javid,...... he is not only British Home Secretary but former director of Deutscher Bank.  I do not trust top bankers.  Like the politician, they lie and cannot be trusted. I am sure he will work hard to keep foreign nationals from EU in United Kingdom because he himself is a son of an immigrant from Pakistan. 

That said, he has no interest nor mandate to help British Subjects leave the UK because as a British politician he has sworn an oath to protect the Queen and her property. He has NOT sworn an oath to protect or represent the people of UK.  The British political system protects and represents the Crown ..... not the people.

He wants more immigrants to come to UK as well as keep the ones already owned by the Queen and... if he wants his knighthood (like all politicians do) he will adhere to his Royal Oath.

Just to be clear...  I am a British Subject and thus property of the Crown.
I hold a British Passport. 
I currently do not have a Bulgarian residency permit because i stay 6 weeks in Bulgaria and then 4 weeks in UK before returning to BG for another 6 weeks.
So i travel back and forth.
I have not applied for Bulgarian resident permit as yet because i do not stay in Bulgaria or the Kingdom longer that 90 days.

That said... I do not want to remain property of the Crown but i do need to also make sure my parents are safe by seeing them often.

Maybe i should apply for Bulgarian residency permit before March but....will i be able to spend time out of BG to check on my parents?  I think not. This is what i am unsure of....  because of Schengen visa requirements.

I want out of United Kingdom and keep my freedom as a Citizen of the EU so i can visit my parents.  I do not want to be a Subject. I want assimilation as Bulgarian like what was offered to Turks before 89.

Cynic

PottyPolly wrote:

Thank you both for your response.  You are both kind. ......

Maybe i should apply for Bulgarian residency permit before March but....will i be able to spend time out of BG to check on my parents?  I think not. This is what i am unsure of....  because of Schengen visa requirements.

I want out of United Kingdom and keep my freedom as a Citizen of the EU so i can visit my parents.  I do not want to be a Subject. I want assimilation as Bulgarian like what was offered to Turks before 89.


Apart from your views, I'm not sure what your issue is here; the UK has never been a part of the Schengen agreement, everybody has always needed a valid travel document to travel to and enter the UK; while a UK citizen, you will never have to apply for a visa to enter the UK to visit your parents (or any other reason I can think of).  As an EU citizen, you currently enjoy the right of free entry to Bulgaria (again, nothing to do with Schengen); under the Vienna Convention on the Law of Treaties, assuming you are a legal resident in Bulgaria at the time of any treaty change, they cannot deny you the continuation of that right.

International residency qualification periods normally ignore time spent out of the country for things like holidays and family visits.  My advice would be to pursue your Bulgarian residency status, this would guarantee your current Bulgarian and UK status for now; then you can renounce your UK nationality when you no longer need to visit the UK and then be free of the onerous British state. :)

sogy

Neither the UK or Bulgaria are in Schengen.

Nothing is certain at this moment. If the Bulgarians living in the UK are expelled or left without a status (the UK gov't does not rule that out if there's no deal with the EU, and this is significant) anything can happen to the self-proclaimed "ex-pats".

But let's not think about this now. We'll see soon. The Bulgarians and others in the UK have been living in limbo for 2 full years now, and most have already learned not to think of it, not to make long term plans - and so should we here in Bulgaria.

At any rate, Bulgaria has one of the most liberal immigration systems in the world. Plenty of people from places like Russia living here. So think positive :)

Cynic

sogy wrote:

.....
Nothing is certain at this moment.  .....


Absolutely; so probably best to not worry too much about it until we have some certainty. :)

GuestPoster51

Thanks you guys...
Maybe i worry too much

sogy wrote:

Neither the UK or Bulgaria are in Schengen.)


So i can still drive from UK to BG with no Visa?

Cynic

PottyPolly wrote:

Thanks you guys...
Maybe i worry too much

sogy wrote:

Neither the UK or Bulgaria are in Schengen.)


So i can still drive from UK to BG with no Visa?


It would depend on the route you take, but assuming you remain within the EU, no, you don't currently need a visa to drive from the UK to BG.

Rapbom

At the moment yes you can travel freely.

However we don't know after Brexit happens because we will then have to travel through the EU, we need to wait and see if we require visas or not to travel through EU countries.

If we need visas then a Schengen visa will get us as far as the Romanian border then we will require a separate visa to enter Romania because it is not in the Schengen area.

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