Brexit - Residence document for UK citizen as a student

You are a UK citizen and have taken residence in Denmark under EU regulations before the end of the transition period on 31 December 2020. You must apply for a residence document as a student based on the Withdrawal Agreement, if you wish to continue to reside in Denmark. Please note, you are applying after the 31 December 2023 deadline and should therefore read the information on this page carefully.

Normal processing time
3 months

Processing fee
No fee

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What is my situation, if I have not submitted an application before the deadline on 31 December 2023?

If you have reasonable grounds for submitting the application late, you are still able to submit an application for a new residence document based on the Withdrawal Agreement even though the deadline has passed.

There are many different reasons that can be taken into consideration as reasonable grounds for the application being submitted late. 

The assessment SIRI will do, will always be a total and specific assessment of your personal situation including circumstances and reasons for not meeting the deadline.

If it is SIRI’s assessment that you have had reasonable grounds for not meeting the deadline for submitting the application, we will process your application.

When you apply you must therefore submit documentation for the reason that you have not met the application deadline.

You must complete the information form concerning the reason why you have submitted your application late.

Download the information form concerning the reason for late submission of an application (PDF)

If you do not wish to complete and attach to your online application the information form concerning the reason for late submission of an application, you can instead write in the comment section of the online application form why you have submitted your application late.

If there are no reasonable grounds why you have submitted your application after the submission deadline, we will evaluate whether there are any special circumstances that allow SIRI still to process your application.

Therefore, you must also complete the information form concerning your personal matters.

Download the information form concerning your personal matters (PDF)

The information form concerning your personal matters must always be completed and attached to your online application, when you submit your application late.

Even if you have submitted your application after the deadline and a decision has not yet been made in your case, including whether you have had reasonable grounds for submitting your application late, you will continue to have rights based on the Withdrawal Agreement.

This means that you can continue to live and study and work in Denmark as you have done so far. As documentation of your rights while you wait for our decision, you can use the receipt issued to you when you have submitted the application form BR1 or you can show a copy of your previously issued EU residence document.

If you need to re-enter Denmark, as a citizen of the United Kingdom you are visa exempt in Denmark for up to 90 days within a 180 days period. You therefore do not need to apply for a re-entry permit in order to be able to enter Denmark.

If it is our assessment that there are no reasonable grounds why you have submitted your application after the submission deadline, the consequence will be that you lose your rights based on the Withdrawal Agreement and that these rights cannot be reinstated.

This means that your application for residence based on the Withdrawal Agreement will not be processed and that you do not have the right to reside in Denmark.

If you continue to wish to live and study or work in Denmark, you must apply for a residence and work permit under the Danish Aliens Act.

You can read more about the different rules regarding residence and work permits under the Danish aliens Act here on newtodenmark.dk:

Read more about applying for a residence and work permit

Read more about applying as an accompanying family member

Read more about applying for family reunification

If it is SIRI’s assessment that there are no reasonable grounds that you have submitted your application too late, you will receive a written decision containg a specific reasoning.

You are then able to appeal the decision to the Immigration Appeals Board.

If you submit an appeal to the Immigration Appeals Board, you must contact the board for guidance on your rights during your appeal.

Read more about how to appeal a decision to the Immigration Appeals Board

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Who can be issued a residence document as a student based on the Withdrawal Agreement?

If you are a UK citizen and have taken legal residence in Denmark – based on the EU regulations on free movement – before end of the transition period on 31 December 2020, you can keep you right to residence as a student in Denmark.

You can apply for a new residence document as a student, if you have been accepted in an educational institution in Denmark to study in a programme at the upper-seconday level or higher.

If you have resided legally in Denmark for 5 years, you can apply for permanent residence.

You can read more about permanent residence here

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What are the conditions for receiving a new residence document as a student?

You must have taken legal residence in Denmark before the end of the transition period on 31 December 2020, in order to keep your right to reside in Denmark.

The Withdrawal Agreement secures all UK citizens who have taken legal residence in Denmark before the end of the transition period on 31 December 2020 and who have grounds for residence as a student. This also applies to UK citizens who have residence under EU regulations before the end of the transition period on 31 December 2020 and who wish to change their status to student after the end of the transition period.

When we process you application, we assess whether or not you have taken legal residence based on EU regulations – including whether or not you continue to meet the conditions for being a student based on EU regulations.

You must have taken legal residence in Denmark – based on EU regulations on free movement – before the end of the transition period on 31 December 2020.

To have taken legal residence in Denmark means that you as a UK citizen continue to meet the conditions based on the EU regulations on free movement, i.e. that you continue to meet the conditions for being a student.

You are a UK citizen and have taken legal residence in Denmark  - based on EU regulations on free movement – before the end of the transition period on 31 December 2020.

As a UK citizen, in order for you to be granted a residence document based on the Withdrawal Agreement and continue to reside in Denmark after the end of the transition period, you must continue to meet the conditions as a student under EU regulations.

When you submit your application, you must attach a letter of acceptance from the Danish educational institution, a declaration of sufficient funds and a declaration of study activity from the educational institution.

You must continue to meet the conditions for a student under EU regulations:

  1. You must be enrolled at a public or private educational institution in a programme studying at the upper-secondary level or higher. Primary-level programmes (such as folkeskole) are not encompassed.This means that you need to be fully admitted to a public or private educational institution in a higher educational programme, an upper secondary study programme or a vocational programme. The programme must be offically accredited or receive public funding. You are considered to be fully admitted if you no longer need to meet futher requirements in order to be accepted to the programme. An example of such a requirement is a course at a specified level that you still need to complete before you can be fully admitted.
  2. You need to be able to support yourself financially while you are studying in Denmark.  This means that you must have sufficient funds to avoid receiving public economic support such as cash benefits. If you receive support such as a state study grant (SU) or unemployment benefits (arbejdsløshedsdagpenge), you will still be considered to be self-supporting.
  3. You must be actively studying. You are considered an active student if you are actively participating in your study programme by attending class, sitting for exams and the like. If you are enrolled but not active, you do not qualify for residence as a student.

When you submit your application, you must attach a letter of acceptance from the Danish educational institution, a declaration of sufficient funds and a declaration of study activity from the educational institution.

It is not a condition that you as a UK citizen have been issued an EU residence document or is in possession of the document.

If you have taken legal residence in Denmark – based on EU regulations on free movement – before the end of the transition period on 31 December 2020 and continue to meet the conditions for being a student under EU regulations at the time you submit your application, you can be granted a residence document as a student based on the Withdrawal Agreement. This applies even if you have not previously been issued a EU residence document based on EU regulations.

When you submit your application, you must attach a letter of acceptance from the Danish educational institution, a declaration of sufficient funds and a declaration of study activity from the educational institution.

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What are my rights, if I am granted a residence document based on the Withdrawal Agreement?

You will continue to have the opportunity to exercise your rights, which derive from EU law in Denmark. This means that you can continue to live, study and work in Denmark on the same terms as before.

During your stay in Denmark based on the Withdrawal Agreement, you must normally be able to support yourself and your family financially. Depending on your grounds for residence, this means that you, amongst other things, may not receive cash benefits or other forms of public assistance regulated by the Active Social Policy Act (lov om aktiv socialpolitik).

If you or a family member receive such benefits while living in Denmark, your grounds for residence and thereby your right to residence can be terminated and you can lose your right to stay in Denmark.

It will be reported to SIRI if a municipality, or any other public authority, are paying benefit payments to you. SIRI will then assess whether this affects your grounds for residence.

If you meet the conditions for status as an employee under the Withdrawal Agreement – or if you have retained residence status as an employee despite no longer working – receiving the above-mentioned benefits will normally not in and of itself lead to termination of your right of residence. The same applies if you have grounds for residence as a family member to an employee.

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How long can I stay in Denmark?

When you meet the conditions as a student, you will be issued a residence card for a temporary stay, which is valid for 5 years. The new residence document will be issued in accordance with the Withdrawal Agreement.

After residing in Denmark for 5 years, you can apply for permanent residence.

When you ave been granted a permanent right of residence, you do not necessarily need to continue to meet the conditions for your original grounds for residence. However, please note that you can lose your permanent right of residence if you reside outside of Denmark for more than 5 years.

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What happens if I am no longer studying?

If you have been granted a residence document based on your status as a student and you quit or finish your educational programme in Denmark, your right of residence has as a rule been terminated.

If you are a UK citizen and no longer study, you will normally have lost your grounds for residence as a student.

If you meet the conditions for other grounds for residence, for example, as a person with sufficient funds, you do not lose your grounds for residence. You are covered by the Withdrawal Agreement as long as you meet the conditions for at least one of the grounds for residence. You can therefore change your status between, for example, employee, student, self-employed person or person with sufficient funds for self-support.

Before SIRI makes a new decision about your grounds for residence, we will send you a hearing, i.e. we will give you the opportunity to provide your comments and submit additional documentation before we make a decision.

If you no longer meet the conditions for at least one of the categories of grounds for residence based on the Withdrawal Agreement, your ties to Denmark will be taken into consideration and this may influence whether or not you retain your right to residence.

Among other factors this includes considering how long you have lived in Denmark and your degree of attachment to the Danish labour market.

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Can my family be granted a residence document based on the Withdrawal Agreement?

The Withdrawal Agreement ensures that all family members regardless of nationality – who by the end of the transition period are residing legally in Denmark with a UK citizen – can reside in Denmark under the same conditions as before the end of the transition period. However, the family member must submit the required application for a new residence document.

Read more about grounds for residence as a family member already residing in Denmark

This is also applies for close family members, who are not yet residing in Denmark before the end of the transition period. They will be able to move to Denmark after the transition period provided that they continue to be married, for example, to the UK citizen at the time the family member is applying for residence in Denmark and provided that the UK citizen has not given op his or her residence status in Denmark in the meantime.

Read more about grounds for residence as a family member nor yet residing in Denmark

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What if I have dual citizenship?

If besides being a UK citizen, you are also a Danish citizen, you do not need to apply for a new residence document, as your right to reside in Denmark is guaranteed through your Danish citizenship.

If besides being a UK citizen, you are also a citizen of an EU country, you do not need to apply for a new residence document either, as you have a right to reside in Denmark under the EU regulations. However, you should make sure that you have an EU residence document which proves your right to residence as an EU citizen.

Therefore, you have a right, but no obligation to apply for a new residence document for British citizens.

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What if I have a permanent residence permit under the Danish Aliens Act?

If you have a permanent residence permit under the Danish Aliens Act, you do not need to apply for a new residence document, as you have a right to reside in Denmark under the Aliens Act. This may be the case if you were granted a permanent residence permit in Denmark before the UK became a member of the EU or on the grounds of family reunification or work.

However, you can be covered by the Withdrawal Agreement, if you document that you have used your right to free movement based on the EU regulations by the end of the transition period on 31 December 2020.

Therefore, you have a right, but no obligation to apply for a new residence document for British citizens.

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What more do I need to know before I apply?

An application for a new residence document based on the Withdrawal Agreement between the EU and the United Kingdom of Great Britain and Northern Ireland must be submitted to the Danish Agency for International Recruitment and Integration (SIRI).

You can submit your application no later than 31 December 2023. Applications submitted after the 31 December 2023 will only be processed, if SIRI considers special excusable circumstances to be present.

Before you submit an application you must have your relevant document ready in a digital format.

You can see which document you must have ready on the tab “How to Apply” on the right. Here you will also find the application form which you need to complete (BR1).

SIRI will contact you, if we need further information to process your case.

What do you want to print?

Below you will find a step-by-step guide to submitting an application to the Danish Agency for International Recruitment and Integration (SIRI).

It is a good idea to gather the necessary documents before you start to complete the application form.

You can use the check list below.

You can submit the following documentation:

As documentation for your grounds for residence as a student you can submit the following documentation:

Since you are applying for a new residence document after the submission deadline expired on 31 December 2023, you must complete the required information forms and attach them to your online application. Read more about this in the section “What can be considered as reasonable grounds?” under the tab “How to apply”.

Download the information form concerning your personal matters (PDF)

Download the information form concerning the reason for late submission of an application (PDF)

The information form concerning your personal matters must always be completed and attached to your online application, when you submit your application late.

If you do not wish to complete and attach to your online application the information form concerning the reason for late submission of an application, you can instead write in the comment section of the online application form why you have submitted your application late.

Expect to use

10-15 minutes

to complete the application

1 person

You complete the appication form yourself

In this step you have access to the relevant application form BR1.

The application form contains instructions for how to complete it and what kind of documents you must submit along with the form.

 

Online form BR1

 

Please note, if you need to complete more than one application - e.g. if you have family members, who also need to apply - you must close your browser completely after completing each application. If you do not close your browser completely after completing and submitting the first application, you might find that the online form does not work as intented. 

You can read more about how we process your personal data here

When you apply for a new residence document, you must have your biometric features recorded. This means that you must have a facial photo taken and your fingerprints recorded. The facial photo and your fingerprints will be stored on a microchip embedded in the residence card, which will be issued to you, if you are granted a new residence document.

You must have your biometric features recorded no later than 2 weeks after submitting your application.

Your biometric features can be recorded in one of SIRI's branch offices in Denmark.

You can find information on SIRI's branch offices here

Remember you must always book an appointment before appearing in one of SIRI's branch offices.

You can book an appointment here

If you are currently residing abroad, you can have your biometric features recorded at a Danish diplomatic mission or visa application center instead.

See the Ministry of Foreign Affairs’ list of diplomatic missions or application centres where you can have your biometric features recorded (opens in a new window)

You have submitted your application succesfully if you have:

  • submitted the application

  • had your biometric features recorded

You can see the normal case processing time to the right on this page. When we make a decision in your case, you will receive an answer.

SIRI will contact you or your employer if we need further information to process your case.

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Last updated 06-05-2024 - Published by: SIRI