Thursday, July 1, 2021

BREXIT - LIVING IN EUROPE BEFORE 1 JANUARY 2021 - CITIZENS' RIGHTS

 


Living in Europe before 1 January 2021: citizens’ rights

Information for UK nationals living in the EU, EEA EFTA countries and Switzerland since before 1 January 2021, including guidance on residency and healthcare.

This guidance is for UK nationals who moved to European countries before 1 January 2021.

This information is a guide only. You should obtain definitive information from authorities in the country where you live. The Foreign, Commonwealth & Development Office (FCDO) is not liable for any inaccuracies in this information.

For general information about living in a European country go to the living in guide for the country you live in and sign up for email alerts for that country.

UK nationals in EU countries

Your rights under the Withdrawal Agreement

If you were lawfully resident in an EU country before 1 January 2021, your rights are protected by the Withdrawal Agreement. You continue to have broadly the same rights to live, work, study and access benefits and services as you had before Brexit.

Read:

Residence documents and status

You and your family may need to apply for a new residence status to secure your rights if you were living in an EU country before 1 January 2021. If the country where you live does not require you to apply for a new residence status, you can still request a new residence document if you want one.

Read:

Family members

Your close family members can join you in the country where you are living. This applies to spouses, registered partners or durable partners, dependent children and grandchildren, and dependent parents and grandparents, including those of your spouse or registered partner. Your relationship with them must have begun by 31 December 2020.

If you have, or if you legally adopt, children in the future, and you have custody of them, your children will have rights under the Withdrawal Agreement.

Passports and travel

When you travel, especially within the EU, you should carry your residence document or frontier worker permit issued under the Withdrawal Agreement, in addition to your valid passport.

You must proactively show your residence document, or other evidence of status under the Withdrawal Agreement, if you are asked to show your passport at border control. If you have applied for, but not yet received, your residence document, you should carry evidence that you have applied. This could be your certificate of application or certificate of registration.

If you cannot prove that you are a resident, you may be asked additional questions at the border to enter the EU, and your passport may be stamped on entry and exit. This will not affect your rights in the country where you reside or work.

British citizens living in the UK must have at least 6 months’ validity remaining on their passport to enter or exit EU countries. This does not apply to you if you have rights under the Withdrawal Agreement.

Healthcare

You retain your rights to healthcare in the EU country you live in, as long as you remain covered by the Withdrawal Agreement. Read further guidance in the Living in guide for the country you live in.

Working in Europe

If you live in an EU or EFTA country and were regularly commuting to work in other EU or EFTA countries before 1 January 2021, read guidance for frontier workers. 

Studying in the EU

You have the same rights to access education as nationals of the country where you live. This includes home fee status (the fee rate that students who live in that country are charged).

You may not be entitled to maintenance grants or loans from the host country unless you have permanent residency or are a worker in that country.

Read the studying in the EU guidance which includes information for UK nationals living in the EU before 1 January 2021.

Studying in the UK

Find out about access to higher education for UK nationals coming from EU and EFTA countries to study in:

Apprenticeships in the UK

Read about apprenticeships for UK nationals who live in EU or EFTA countries.

Pensions and benefits

Read:

Buying property in the EU

If you are buying a new property, some EU countries have different property acquisition laws for EU citizens and non-EU citizens. Check with local authorities how these apply to you. Read the Living in guide for the country you live in.

Inheritance tax and wills

Wills made under UK law remain valid. This includes wills that apply to property in the EU. Property abroad continues to be subject to local laws.

Citizens’ rights: advice and complaints

The European Commission provides information on the enforcement of citizens’ rights in each EU country.

Its assistance service provides advice on your rights in the EU country where you live and how to resolve issues with or submit a complaint about a public body regarding your rights (link may not be accessible on some web browsers). You can also bring your case to national courts and tribunals to resolve issues relating to your rights under the Withdrawal Agreement.

You can complain to the European Commission about a breach of EU law.

You can also contact the European Ombudsman to submit a complaint about an EU institution or body.

Specialised Committee on Citizens’ Rights: joint reports

Read reports setting out how the UK and EU countries are implementing residence rights under the Withdrawal Agreement.

Returning to live in the UK

You continue to have the right to return to the UK in future.

Your close family members can join you in the UK if your relationship with them began before 31 December 2020, by applying to the EU Settlement Scheme until 29 March 2022. After this date the UK Immigration Rules will apply.

Your children retain their rights to British citizenship.

Read guidance on returning to the UK permanently, including on tax and access to services.

Ireland

Brexit does not affect UK and Irish nationals’ rights in the Common Travel Area. View the Common Travel Area guidance.

Read the Living in Ireland guide.

Iceland, Liechtenstein, Norway and Switzerland

The EEA EFTA countries

The UK has an agreement with the European Economic Area European Free Trade Area (EEA EFTA) countries of Iceland, Liechtenstein and Norway which protect citizens’ rights.

Read living in guides for:

Switzerland

The UK has an agreement with Switzerland to protect citizens’ rights.

Published 30 January 2020
Last updated 1 July 2021