What are the rules for UK nationals who moved to the EU before 1st January 2021? - | Hudson McKenzie

What are the rules for UK nationals who moved to the EU before 1st January 2021?

November 25, 2021 | Immigration, News, Travel

The UK left the EU on 31st January 2020 and the transition period ended on 31st December 2020. The “Withdrawal Agreement” set the terms of the UK’s departure in order to provide a smooth transition for people, businesses and organisations across the UK.

Who is protected by the withdrawal agreement?

UK nationals who moved to the EU before 1st January will be protected under the Withdrawal Agreement, providing they were residing in one of the 27 EU member states lawfully. In addition, family members that were granted rights under EU law are also protected. 

For those UK nationals that moved to the EU after 1st January 2021, work authorisation is required. Depending on the country that you move to, different requirements must be met. 

Under the Withdrawal Agreement, those who were residing in an EU state before 1st January and have not yet got permanent residence rights in one of the EU member states are protected. This means that if an individual has not lived in the member state for at least 5 years, they will be able to continue residing and acquire permanent residence rights after 5 years. To benefit from such rights, people may need to apply for a new residence status. 

Depending on the EU country, a constitutive or declaratory approach may be adopted when it comes to post-Brexit residence statuses. The constitutive approach, means that late applications risk losing residence status. This has been adopted by countries such as Austria, Belgium, Denmark, Finland, France, Hungary, Latvia, Luxembourg, Malta, Romania, Slovenia and Sweden. 

The declaratory approach is more relaxed and means that those with rights under the Withdrawal Agreement may still be granted residence status even if they miss the application deadline. If the deadline is missed, each member state will conduct a case by case review of each application. 

It is therefore suggested that applicants should check the requirements in each member state before considering whether you need to apply for a new residence status. 

Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at londoninfo@hudsonmckenzie.com or by telephone +44(0) 20 3318 5794.

The information provided does not amount to legal advice.