Mobility within EU for UK citizens remaining in EU post Brexit

Hi and welcome to the Forum.

You are correct; you are only guaranteed your rights in the country where you are legally resident on 31 Dec 2020.  If you decide to move on after that, then you will be treated as a third country national (just like every other non-EU citizen).  I've not heard of any other EU country offering anything special.

Using your example, one way around it would be to apply for Dutch nationality, although the Netherlands may not be a good choice as they are picky about dual nationals and you may have to give up your UK citizenship.  But, assuming you become "Dutch", you would then enjoy the rights that every EU citizen has.

Hope this helps.

Cynic
Expat Team

Ah, I thought this would be the case. Am I right in referring to the withdrawal agreement document which I linked to, or is there any other legislation relevant to my case which I can refer to? Thanks a lot for the advice, Josh

Hi again.

It's as good as any.  My vagueness is because many EU nations are notorious for ignoring the rules and regulations when it suits them and I suspect we haven't heard the last of this yet.  I'm no longer a regulator, so whatever I say is just an opinion, I no longer spend my days reading the regs.

Hope this helps.

Cynic
Expat Team

hi there

I can only tell you what my friend tells me. He moved from UK to Portugal last year. He has been told that he will be able to fly with out problems to and from UK, but if he wishes to drive, he may be given a fine and or ban if he has a stamp in his passport , ie from port, or airport other than Portugal.
Its called a bloody mess,

Your understanding is correct

A GB citizen, post Brexit , is a non-EU and as such all immigration laws that apply to non- EU citizens will apply also to GB citizens

As a GB citizen, if you already have residency you retain it as per your post ( ie if you obtained it as a EU citizen you retain as you indicate ) however your right to reside is ONLY in the country that has granted you residence - if you wish to obtain residency status in another EU country, you would have to go through their specific process and requirements for a non-EU citizen seeking residency status  ( ie the same as all other non EU so all African countries and the USA  - the status as far as immigration is concerned is the same for all non-EU countries, unless of course the country concerned establishes a bi-lateral agreement with UK )

As a non-EU citizen with residency status within a EU country, you may travel visa free within the  Schengen area but this does not entitle you to reside in any of these countries for longer than a 3 month period

An option , after 10 years of residency, is to apply for citizenship and , once obtained, you will become once again an EU citizen and will have the same rights that GB citizens have done up until now as EU citizens - the right to freedom of movement within the EU for work and residence purposes ; you will still have to establish long term residency after the 3 month Schengen visa free period as has been the case for GB citizens wishing to live in an EU country to date and pre Brexit

Just make sure you have all your residency papers in order.

(1) Getting an EU Residence Permit during the Transition Period

Even if you move prior to 31/12/20, the challenge will be to obtain your residence permit in time. In most countries there is a certain amount of bureaucracy involved which means it can be challenging to do it quickly. In particular, you will need a proof of residence in your selected country, and that alone (as it requires either buying a place or signing a long-term rental contract) will slow you down significantly.

I have my residence permit in Spain and it took several months due to requiring multiple visits and their pickiness about my supporting evidence. On the other hand, my Bulgarian residence permit (done by my attorney in Plovdiv; I can give you his name/contact info if you send me a private message) took only 2 days, and they accepted the most basic supporting evidence.

(2) Mobility with an EU Residence Permit

Even leaving aside your ability to work, getting a last-minute EU Residence Permit keeps the EU door open for you, when it slams closed on the UK. Once you have your permit, the clock is ticking (5 years) towards getting your permanent residence permit.

This permanent residence permit allows you to live and work in any EU country, not just the one that granted the permit. Having gained the permanent residence permit, you are also on track (if you wish) to get a passport in this country. Neither progression is automatic, and the strictness of the requirements varies from country to country.

With your initial temporary 5 year residence permit, you are only entitled to work in the country that issued it. However, I believe you are also entitled to visa-free travel to other EU countries. Being able to legally enter a third country makes it easier to take steps to find work and apply for residence there. I am not sure, but I believe that having an existing EU residence permit makes this new application a little easier (while just your UK - a non-EU country - passport would be more difficult).

My partner holds a non-EU passport and we had multiple run-ins with immigration in several countries over the last few years. Once she was granted her BG residence permit we have had no problems at all (and once she had it she was also able to get her Spanish residence permit, and is on track to get her Spanish passport next year through Spain's accelerated route for Latin America).

gwynj wrote:

I have my residence permit in Spain and it took several months due to requiring multiple visits and their pickiness about my supporting evidence. On the other hand, my Bulgarian residence permit (done by my attorney in Plovdiv; I can give you his name/contact info if you send me a private message) took only 2 days, and they accepted the most basic supporting evidence.

In Austria it took me 1 day and that was 12 years ago. In the new year, I will get my 10-year permanent residency card.

Congrats on your 10-year permanent residency card!

1 day? Wow, that's quick! They didn't even need a rental contract or deed for a property? Or an employment contract? Getting either one will take our friend some extra time.

I think things were probably easier 12 years ago! I don't think there's any EU country that would do it in a day now. The EU requirements are now uniform and include proof of residency, proof of medical coverage, and either proof of employment or proof of financial independence. And most EU countries now issue a proper identity card, in accordance with the EU standard, which includes photograph and fingerprints. This too takes longer.

To be clear, I understand that if one shows up at immigration with all one's papers 100% in order, in accordance with that country's requirements, the process can be pretty quick (in the order of 1 or 2 days)!

But getting a job offer / employment contract usually takes time. Finding an apartment to rent or buy, and then renting it or buying it takes time. (In Spain/Germany, even this is NOT enough! You have to take this document to the local council offices, and register yourself at this address. Immigration wants this formal residence certificate too.) Getting your EHIC (if you don't have it) takes time. Getting a medical insurance policy takes time. Proving financial independence can be easy and quick if they accept a UK bank account with your online printed statement, or a copy of your UK debit card. But it can be much longer (as Spain/Germany, and initially Bulgaria - which now accepts copy of debit card and a declaration of means certified by local notary which is less than an hour) if they require a local bank account, with a specific minimum balance, and a bank certified statement.

In Bulgaria, you can rock up at immigration any day, and just stand in line for hours until you get to see someone to submit your application. But in both Spain and Germany, you can't do that; I had to make formal appointments which were weeks ahead. So you have to factor this in too.

gwynj wrote:

Congrats on your 10-year permanent residency card!

1 day? Wow, that's quick! They didn't even need a rental contract or deed for a property? Or an employment contract? Getting either one will take our friend time to get.

I think things were probably easier 12 years ago! I don't think there's any EU country that would do it in a day now. The EU requirements are now uniform and include proof of residency, proof of medical coverage, and either proof of employment or proof of financial independence. And most EU countries now issue a proper identity card, in accordance with the EU standard, which includes photograph and fingerprints. This too takes longer.

Nope, only a contract which I had, passport. Nothing else has changed in Austria. Tell a lie, you have to make an appointment due to COVID. Before you could just walk in.

It was the same in the Netherlands, took me a couple of hours to register at the Gemeente; then with the IND desk just across the room, then on your way out change my driving licence.  Within a week, I got my residence card and my licence in the post.

Sadly, not so easy any more.

Hi, I am an Irish citizen who would like to move to London with my Italian partner after June 2021.  I can work in the UK on account of the Common Travel Area however it is less clear what options my Italian partner has now post Brexit,  There is the EU Settlement scheme however this may not work for us as we are not resident in the UK now.  Can I as an Irish citizen apply to the EU Settlement scheme along with my partner?  Can we apply as a de-facto couple and will that help to allow my partner to work in the UK?   Rory

roryharrington1969 wrote:

Hi, I am an Irish citizen who would like to move to London with my Italian partner after June 2021.  I can work in the UK on account of the Common Travel Area however it is less clear what options my Italian partner has now post Brexit,  There is the EU Settlement scheme however this may not work for us as we are not resident in the UK now.  Can I as an Irish citizen apply to the EU Settlement scheme along with my partner?  Can we apply as a de-facto couple and will that help to allow my partner to work in the UK?   Rory

Hi Rory and welcome.

Why not ask in the England Forum as it might be beneficial to other members?

SimCityAT
Expat Team

Hi there Rory

First your on the wronge forum, Second, if your Southern Irish you are a EU citizen same as your wife, in order to live and work you need to apply for a working visa, which is a total mine field at the moment. If you do not have the skill set that is on the UK skills list, you will not get a visa to work.
look here
https://www.london.gov.uk/what-we-do/eu … ion-system
hope this helps

martinodessa wrote:

Hi there Rory

First your on the wronge forum, Second, if your Southern Irish you are a EU citizen same as your wife, in order to live and work you need to apply for a working visa, which is a total mine field at the moment. If you do not have the skill set that is on the UK skills list, you will not get a visa to work.
look here
https://www.london.gov.uk/what-we-do/eu … ion-system
hope this helps

Hi and welcome.

Rory is correct.  There is an international agreement called "The Common Travel area" which predates the EU and is still extant.  Under this agreement, Irish citizens have the right to live and work in the UK (and vice versa for UK citizens).  You can read all about it at this link.

Hope this helps.

Cynic
Expat Team