IMPORTANT INFORMATION FOR UK RESIDENTS IN CYPRUS - IMPORTANCE OF HAVING MEU1/3

IMPORTANT INFORMATION FOR UK RESIDENTS IN CYPRUS - IMPORTANCE OF HAVING MEU1/3

Please note that at the present time, those UK residents who have not yet applied for the MEU1/MEU3 must start the immigration procedure, including making an appointment with Immigration Department, BEFORE 31 OCTOBER.

Even if the appointment given is after 31 October, with the current liklihood of a No Deal Brexit, the application procedure must be started before the UK exit date.  The Cypriot Authorities have confirmed to the British High Commission that they will process any Immigration applications started before 31 October.

It is understood that there are around 70,000 UK nationals living on the island.  To date only around 34,000 have applied for and received MEU1/3 documentation.

Failure to start the Immigration procedure before 31 October, means that in the absence of an MEU1/3, the UK national will become a third country national and be subject to a 90 day in every 180 maximum visa-free stay on the island.  Exceeding the 90 day limit in every 180 will leave the UK national at the mercy of the Immigration authorities and result in difficulties in leaving from or returning to the island.

In the meantime, as of today, this is the official information and guidance received from the Cypriot authorities:

• As per DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 29 APRIL 2004, all UK nationals resident in Cyprus for longer than 3 months are required by law to apply for temporary MEU1 residence documents. If they have resided in Cyprus for 5 years, UK nationals must apply for the permanent MEU3 residency documents. In addition to the legal requirement to regularise residency status with the RoC authorities, these documents are necessary in order to safeguard the residency and free movement rights of UK nationals in Cyprus after the UK leaves the European Union and also necessary in order for UK nationals to register with the Government Health System (GESY).

Cyprus Parliament has even passed relevant No Deal legislation The Right of Certain United Kingdom Residents and their Family Members to Move and Reside Freely in the Republic Law of 2019 that will safeguard the rights of UK nationals resident in Cyprus after Brexit provided that they have regularised their status with the authorities.

• In order to avoid losing their free movement and residency rights in Cyprus, resident UK nationals must proceed the soonest to apply for MEU residency documents.

• If UK nationals in Cyprus do not have regularised residency status there is a risk that they will become, by forfeit, third country nationals, and they will then be subject to the immigration regulations for third country nationals. Amongst other risks this will also mean that as third country nationals they will be subject to the 90 days in every 180 days maximum visa free stay on island. Exceeding the 90 day limit in every 180 days may result in difficulties with Cyprus Immigration authorities and difficulties either leaving from or re-entering Cyprus ports of entry.

The legislation that has been passed by the Cyprus parliament applies to UK nationals who, prior to the exit date

1. Exercised their right of free movement and residence in the RoC (i.e. arrived on island through a legal port of entry in order to continue their residency).
2. Will continue to reside in the RoC after exit date.

The Law applies to legally defined family members in the case that the two aforementioned conditions have been met and also under the following conditions:

1. If they have resided outside the RoC prior to exit date, provided that they fall within the definition of the term “member of family” as this is stipulated in Article 2 of the Citizens Right Directive.
2. If they are born of or were adopted legally by the UK national, and fall within the definition of “member of family”. Irrespective of whether they were or were not physically present in the RoC after the exit date.

The rights of family members, who are dependant UK nationals prior to exit date, shall be retained even after they have ceased to be dependant.

Right to entry and exit.

Under the conditions specified in the proposed legislation, UK nationals and their legally defined family members who reside in the government-controlled areas of the RoC, will have the right of entry and exit from the Republic respectively, as provided for in articles 6 and 5 of the Citizens Right Directive. In accordance with the Directive, UK nationals [UKN] have the right to move freely and enter/exit with a valid passport or identity card. If the defined family members of the UKN are not UKNs themselves, then they as family members have the right to enter/exit with a valid passport.

Territorial application

The legislation applies only to the areas of the Republic in which the Government of the RoC exercises effective control and therefore the rights secured under this Law are not guaranteed in respect to persons residing in the areas not under the effective control of the RoC authorities.

This law does not therefore apply to UKNs who reside in the north of Cyprus and do not have either an MEU1 or MEU3 residency status and document as issued by the RoC CRMD. Essentially, following EU Exit, the movements of these individuals to enter or exit the RoC through a legal RoC port of entry or through a buffer zone check point will be classified and regulated under the relevant legislation for third country nationals.

Right of permanent residence.

Under the current legislation, UK nationals and their family members have the right of permanent residence in the RoC if they have legally resided in the areas controlled by the RoC for a continuous period of:

1. Five years
2. For a period of time as provided for in articles 15 and 16 of the Citizens Right Directive.

Once the right of permanent residence has been acquired, its loss shall occur only in the absence from the RoC in which the Government of the RoC exercises effective control over a period exceeding five consecutive years.