EU Residency Status for UK Expats Post-Brexit is at Member States' Discretion
Subscribe to our newsletter for the latest expatriate news, views & analysis. No spam, unsubscribe anytime.
The ramifications of Brexit have been far-reaching, particularly for UK expatriates residing in the European Union (EU).
With the United Kingdom no longer a member of the EU, residency status for UK nationals in various EU countries is now determined by the individual member states. In this article article I take a comprehensive overview of the post-Brexit residency rules for UK expats around the EU.
Spain
Spain, a popular destination for British expats, has implemented a residency permit system. UK nationals living in Spain before December 31, 2020, must apply for the "TIE" (Tarjeta de Identidad de Extranjero), a biometric card that proves legal residency status. New arrivals post-Brexit need to follow standard immigration procedures applicable to non-EU citizens, which include proving financial stability and healthcare coverage.
Portugal
Portugal offers a two-tier system for UK expats. Those who settled in Portugal before the end of 2020 are eligible for the Withdrawal Agreement and must exchange their current residency document for a new biometric card. New UK arrivals are considered third-country nationals and must meet more stringent requirements, including proof of income and health insurance.
Ireland
Ireland represents a unique case due to the Common Travel Area agreement between the UK and Ireland. UK citizens have the right to live, work, and study in Ireland without any additional permissions or residency applications, maintaining pre-Brexit status quo.
France
In France, UK nationals who were residents before 2021 must apply for the Withdrawal Agreement Residence Permit. This process involves providing evidence of residence in France before December 31, 2020. New UK expats are subject to general immigration rules, requiring visas and residence permits depending on the duration and purpose of their stay.
Italy
Italy requires UK expats who were residents before the end of 2020 to register and obtain a biometric residency card. Those moving to Italy post-Brexit need to apply for an elective residence visa, requiring proof of sufficient financial resources and a place of living.
Greece
Greece mandates that UK nationals who were long-term residents before Brexit apply for a new biometric residence permit. This process requires proof of prior residence. Post-Brexit arrivals must adhere to standard non-EU immigration procedures, including financial self-sufficiency and comprehensive health insurance.
Cyprus
Cyprus allows UK citizens who were resident before 2021 to continue their stay under the Withdrawal Agreement. They must apply for a new residency document, the MUKW1 form. For those moving to Cyprus after Brexit, standard third-country immigration rules apply, including financial requirements and health insurance.
Germany
Book a free online review with one of expat experts to get real actionable advice on the tackling the hurdles abroad.
In Germany, UK nationals who were residents before January 1, 2021, must apply for a new residence permit. This permit, part of the Withdrawal Agreement, requires proof of residence in Germany before the Brexit cut-off date. Post-Brexit arrivals from the UK are treated as third-country nationals, requiring them to meet standard immigration requirements, including visas for long-term stays and employment or self-employment proofs.
Malta
Malta, another favored destination, offers a residency scheme for UK citizens who were residents before 2021. These individuals must apply for a 10-year renewable residence permit under the Withdrawal Agreement. New UK arrivals post-Brexit are subject to the standard rules for non-EU nationals, which involve financial thresholds, health insurance, and possibly a visa, depending on the length of stay.
The Netherlands
In the Netherlands, UK expats residing before the end of 2020 are eligible to apply for a new residence document under the Withdrawal Agreement. This document is mandatory to maintain their residency rights. For UK nationals moving to the Netherlands post-Brexit, standard non-EU immigration rules apply, requiring them to obtain a MVV (Machtiging tot Voorlopig Verblijf) visa for stays longer than 90 days.
Belgium
UK expats who were residents before 2021 need to apply for a new residence card. Post-Brexit newcomers must follow general rules for third-country nationals, including work permits and visas for longer stays.
Sweden
Sweden requires pre-2021 UK residents to apply for a new residence status under the Withdrawal Agreement. New arrivals will need to meet standard immigration criteria, including work permits and sufficient funds.
Denmark
UK citizens residing in Denmark before Brexit are required to apply for a new residence permit. Those arriving after Brexit must comply with the standard rules for non-EU citizens, including work and residence permits.
Austria
Austria has a similar approach, where UK nationals residing before the end of 2020 must obtain a "Article 50 EUV" card. Post-Brexit UK expats face standard third-country immigration processes.
Finland
Finland requires pre-2021 UK residents to apply for a right of residence under the Withdrawal Agreement. New UK immigrants post-Brexit must adhere to standard non-EU immigration procedures.
Luxembourg
UK nationals who were residents before Brexit need to obtain a new residence document. For new arrivals, regular immigration laws for third-country nationals are applicable.
Summary
While the rules vary, a common pattern emerges: UK expats residing in these countries before Brexit are often protected under the Withdrawal Agreement, requiring them to obtain new residence documents. Those moving to these countries post-Brexit must navigate the more complex pathways set for non-EU nationals.
Need help & guidance?
ProACT Partnership have been helping expatriates all across the world for over 20 years. We are trusted by our clients all over the world to deliver on a broad range of expatriate services from tax, wills, trusts, immigration, business services & much more.
If you would like to discuss your situation with us and see how we can help your journey living & working abroad we offer a free impartial online review with zero obligations. Book a free review now or alternatively contact us.