Message
from the High Commissioner: Update on Brexit preparations
I
thought it might be helpful to provide an update on recent developments linked
to the UK’s future departure from the European Union, now that formal
negotiations have now begun.
As I
travel around the island meeting British residents here – most recently in
Paralimni in May and in Pafos earlier this month – I know you have a range of
concerns about what Brexit will mean for you. Until negotiations progress
further, we are unlikely to have all the answers to those concerns but I hope
it’s helpful for me to set out what we know so far; and for those unable to
attend recent meetings to hear the kinds of concerns that were raised by others.
On
26 June, the Prime Minister announced in parliament details of the UK’s opening
offer in the negotiations on the rights of EU citizens in the UK post-Brexit.
This is an important development as the expectation is that whatever is finally
agreed will also apply reciprocally to British nationals resident in other
EU countries, such as Cyprus.
The core elements of the
offer are as follows:
· - No
EU citizen living in the UK before a ‘cut-off date’ (to
be determined) will face the threat of
being asked to leave after our exit;
· - There will be equal treatment between UK nationals and EU citizens entitled to
reside in the UK;
· - EU
citizens’ rights will be robustly and properly enforceable,
but in UK law, not through the European Court of Justice (ECJ);
· - The offer has been made seeking reciprocity for UK nationals living in EU Member States.
The
UK hopes that by setting out its offer in this way, it is demonstrating its
willingness to work positively and productively with its European
partners. Full details of the offer can be found here:
As
you will see, the UK offer includes many of the issues (healthcare, pensions,
education and benefits) of concern to UK nationals in Cyprus, as well as
Cypriots in the UK.
The
next step will be for the UK and the EU27 to start formal negotiations on these
opening positions on citizens’ rights, and the other priority issues for the
negotiations agreed on 19 June, namely:
the budget and the border with Ireland. Once we have made
sufficient progress on those issues, the negotiations will turn to the UK’s
future relationship with the EU. The UK’s outline plan is to move to
those “future” issues by October 2017.
During
my recent meeting with British nationals living in the Pafos area, I stressed
that, while any negotiations are difficult, we start at a point where there is
quite a lot of common ground between the UK and EU27 in at least two of the
three priorities for the negotiations. This is positive.
The
Cypriot government have also been supportive to date, reflecting the excellent
relations between our countries. I am reassured that Cyprus wants to make
Brexit work, and the authorities are alive to the implications of it for
British nationals here. The intention of both our countries is to keep the
process of negotiation well intentioned, positive and productive.
I
also noted at the meeting in Pafos that the exit process is likely to be
complex, as apart from the main Brexit negotiations, there are at least 1000
other agreements covering trade, health, air service and taxation and other
fields which will need to be negotiated with other countries.
As
stated previously, a period of uncertainty is inevitable as we agree the
changes from one state of affairs to another.
Until negotiations are concluded, it will not be possible to say with
certainty what the impact of Brexit will be on British citizens living in
Cyprus, or indeed Cypriots living in the UK. But until new arrangements are
agreed, I expect there will be no changes to your current circumstances.
On issues
of importance to you such as access to health care and pensions, I hope the
position paper above will at least begin to show you the direction of travel of
the negotiations.
The
information below may also be useful to you, in light of the type of enquiries
we are currently receiving:
1.
British nationals
living in Cyprus as residents should apply for their MEU1 form (yellow slip),
as proof of residency.
Further information on how to do this can be found here: http://www.moi.gov.cy/moi/CRMD/crmd.nsf/All/69E690A161D174D6C2257D2C0045750B?OpenDocument
2.
If you have been
living in Cyprus and have yet to
register as resident you should visit you local Citizen Service Centre
who will advise you on what you need to do.
3.
The Immigration
Department has advised that British nationals who have been living in Cyprus
since before its accession to the EU (2004) should arrange to have their Alien Registration Card (ARC) converted
into an MEU1(yellow slip). This may affect those, in particular
state pensioners, who are renewing the medical cards.
4.
Information about applying for Cypriot citizenship is available from the Ministry of Interior through
the following link. If you have been on the island for 7 or more years you may
be eligible to apply:
http://www.moi.gov.cy/moi/crmd/crmd.nsf/All/D1D71A1CD6E43223C2257D2C00459524?OpenDocument
http://www.moi.gov.cy/moi/crmd/crmd.nsf/All/D1D71A1CD6E43223C2257D2C00459524?OpenDocument
Migration Section
PERMANENT RESIDENCE OF UNION CITIZENS AND THEIR FAMILY MEMBERS (MEU3)
1. The application for the issue of a PERMANENT RESIDENCE CERTIFICATE is submitted by a Union citizen and family members also Citizens of a Member State, after a five-year period of uninterrupted legal residence in the Republic of Cyprus.
The application for the issue of a PERMANENT RESIDENCE CARD is submitted by a Union Citizen Family Members who are not citizens of a Member State, within one month after the expiration of validity of the Residence Card.
2. The validity of the residence card shall not be affected by temporary absences not exceeding six months in a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of 12 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.
3. Once acquired, the right of permanent residence shall be lost only through absence from the Republic of Cyprus for a period exceeding two consecutive years.
4. The right of permanent residence in the Republic of Cyprus shall be enjoyed before completion of a continuous period of five years of residence by:
(a) Employees or self-employed persons who, at the time they stop working, have reached the age laid down by the Cyprus Social Insurance Law in force for entitlement to an old age pension or employees who cease paid employment to take early retirement, provided that they have been working in the Republic of Cyprus for at least the preceding twelve months and have reside in Cyprus continuously for more than three years.
(b) Employees or self-employed persons who have resided continuously in the Republic of Cyprus for more than two years and stopped working in Cyprus as a result of permanent incapacity to work. Not withstanding the above, if such incapacity is a result of an accident at work or an occupational disease entitling the person concerned to a benefit payable in full or in party by the Social Insurance Services or other benefit payable by in full or in part by a different authority by virtue of another relevant law, no condition shall be imposed as to the length of residence;
(c) Employees or self-employed persons who, after three years of continuous employment and residence in the Republic of Cyprus, work in an employed or self-employed capacity in another Member State, while retaining their place of residence in the Republic of Cyprus, to which they return at least once a week.
5. For the purposes of entitlement to the rights referred to in points 4 (a) and (b), periods of employment spent in the Member State in which the person concerned in working shall be regarded as having been spent in the Republic of Cyprus. Periods of involuntary unemployment duly recorded by the Labour Department, periods away from work for reasons not of the person’s own making and absences from work or cessations of work due to illness or accident shall be regarded as periods of employment.
6. Irrespective of nationality, the family members of an employee or a self-employed person who are residing with him in the territory of the Republic of Cyprus shall have the right of permanent residence, if the employee or self-employed person has acquired himself the right of permanent residence in the Republic of Cyprus—
If, however, the employee or self-employed person dies while still working but before acquiring permanent residence status in the Republic of Cyprus on the basis this Law (article 14(1)), his family members who are residing with him in the Republic shall acquire the right of permanent residence on the condition that:
(i) The employee or self-employed person had, at the time of death, resided continuously on the territory of the Republic for two consecutive years.
(ii) The death resulted from an accident at work or an occupational disease.
7. For this application the fees payable are €20 for each person and two passport-sized photographs must be submitted.
8. The Republic of Cyprus shall issue family members who are not citizens of a Member State entitled to permanent residence a PermanentResidence Card valid for 10 years which shall be renewable automatically every 10 years from the date of issue upon request of theperson concerned and with the payment of a fee of €20.
9. The application for a Permanent Residence Card must be submitted within one month from the expiration of validity of the Residence Card.
10. Failure to comply with the requirements to apply for a Permanent Residence Card shall render the person concerned liable to a financial sanction up to €2.562,90.
PLEASE NOTE that all public documents issued abroad must:
a) bear an official translation into Greek or English from Press and Information Office.
b) Be certified with APOSTILLE if the country has signed the Hague Convention of 1961 or
- Certified by the Ministry of Foreign Affairs of the country of origin of the applicant and then by the Embassy/Consulate of Cyprus in his country or
- The Ministry of Foreign Affairs of the country of origin of the applicant and then the Embassy / Consulate of his country in Cyprus. - In the instance that the country of origin of the applicant has not signed the Hague Convention of 1961and there is no Embassy /Consulate in the above mentioned country the documents must be certified by the Ministry of Foreign Affairs of the country of origin of the applicant and then the nearest Embassy / Consulate which is accredited to Cyprus |
The word document that follows is the application form and is in Greek and English | |
5.
Overseas voting/ 15 years rule: The Government has reconfirmed that it is working
towards addressing the 15-year rule for overseas electors in time for the
scheduled General Election in 2020. Unfortunately parliamentary time did not
allow the Government to bring in the Bill before the 8 June General Election.
For those British citizens living abroad who have lived in the UK within the
last 15 years and are therefore already eligible to vote, we encourage them to
register by visiting gov.uk/register-to-vote.
We
will continue to make as much information available as we can, as the
negotiating process goes forward. British nationals in Cyprus can keep up
to date with the work of the High Commission through:
I
will also continue to engage with British nationals around the island on your
concerns, with forthcoming open meetings with residents planned in Larnaca,
Limassol and elsewhere in the autumn. Please follow us on social media for
further details in due course.
Matthew Kidd.