BREXIT: How does it affect you as a UK citizen living in Denmark?

EU rules on free movement will apply until 31 December 2020

The Withdrawal Agreement provides for a temporary transition period until 31 December 2020.

During the transition period, EU rules on free movement will continue to apply to UK citizens and their family members.

Accordingly, UK citizens and their family members will maintain their rights under the EU rules on free movement and will continue to be able to legally reside in another EU Member State under the protection of the well-known principles of free movement until the end of transition period.

Legal residency in Denmark before the end of the transition period

Part II of the Withdrawal Agreement enters into force upon expiry of the transition period.

This part of the agreement ensures that UK citizens legally residing in a EU member state before the end of the transition period can continue to reside in that member state after this date on terms which overall correspond to the terms under the EU rules on free movement, provided that they continue to fulfill the conditions in the agreement.

It is of important to pay attention to the fact that the rights of UK citizens after the expiry of the transition period only covers UK citizens and their family members legally residing in the EU before the end of the transition period in accordance with the EU rules on free movement.

Consequently, UK citizens living in Denmark, who have not already registered their stay, are advised prior to the expiry of the transition period to apply for a EU residence document as the residence document serves as proof that the holder has a right of residence under the EU rules on free movement.

UK citizens and their families who wish to move to Denmark after the end of the transition period will as a main rule have to apply for work and residence permits under the Danish Aliens Act like any other third country citizen.

Issuance of new residence documents under the Withdrawal Agreement

All UK citizens and their family members currently residing in Denmark are before the expiry of 2021 to apply for a new residence document.  The issuance of a new residence documents is a requirement for maintaining the right following from EU regulation to work and reside in Denmark.

Applications for a residence document under the Withdrawal Agreement are to be submitted to the Agency for International recruitment and Integration (SIRI). The documentation required for being issued with a new residence document in broad terms corresponds to the documentation required under the EU regulation of free movement rules. SIRI will issue the residence documents without fees being incurred.

Residence documents that have been issued in accordance with the EU rules on free movement will continue to be valid until a new residence document according to the Withdrawal Agreement has been issued.

Since the new residence document only grants residence rights in the EU state of issue it will not be possible for UK citizens living in Denmark upon expiry of the transition period to be granted rights of residence in other EU member states under the Withdrawal Agreement.

Further information on the application procedure will be published at the website of the Danish Ministry of Foreign Affairs. Information will also be sent by digital mail (e-Boks) in November 2020 to registered UK citizens and their family members residing in Denmark having acquired a Danish CPR-number.

At Lund Elmer Sandager, we continuously assist a broad range of clients, from large corporations to start-ups and a significant number of private individuals in being compliant when in need of special permissions for being granted residence and work permit in Denmark.

We also assist with permanent residency questions and citizenship.

If you have any questions or need for legal assistance in immigration or citizenship law, do not hesitate to reach out to Partner, Attorney Michael Møller Nielsen, Assistant Attorney Marta Valgreen Knudsen or Assistant Attorey Anna Lindencrone Lundin or your usual contact at Lund Elmer Sandager.