Brexit - Residence as a family member (without previous EU residence) to a UK citizen

You are a family member to a UK citizen, who has residence based on the Withdrawal Agreement. You did not have right to residence in Denmark after EU regulations before the end of the transition period on 31 December 2020.

Normal processing time
2 months

Processing fee
No fee

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Residence as a family member who did not have right to residence in Denmark based on EU regulations by the end of the transition period on 31 December 2020.

The Withdrawal Agreement not only protects close family members who have taken legal residence in Denmark together with a UK citizen before the end of the transition period on 31 December 2020, but also close family members who have not taken residence in Denmark before the end of the transition period 31 December 2020.

These family members can move to Denmark and live with the UK citizen already residing in Denmark at any time after the end of the transition period on 31 December 2020.

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What are the conditions for residence as a family member?

In order for you as a family member to be able to move to Denmark and live with the UK citizen residing in Denmark after the end of the transition period on 31 December 2020 certain conditions must be met.

The UK citizen residing in Denmark must have been granted residence in Denmark as an employee, student, self-employed person, person with sufficient funds or permanent residence based on the Withdrawal Agreement.

If you are a family member to a UK citizen residing in Denmark and if you have not taken residence in Denmark before the end of the transition period on 31 December 2020, it is a requirement that you are closely related to the UK citizen residing in Denmark.

You are a closely related family member if you are the spouse, cohabiting partner, child under the age of 21 or parent to the UK citizen.

For parents and children over the age of 21 it is a condition that they are being financially supported or otherwise financially dependent on the UK citizen residing in Denmark.

The Withdrawal Agreement does not, however, protect other (extended) relatives to the UK citizen, such as siblings, cousins etc., if these family members have not taken residence together with the UK citizen before the end of the transition period on 31 December 2020.

This means that if you, for example, are a cousin to a UK citizen, it is a condition for being granted residence based on the Withdrawal Agreement that you have taken residence in Denmark and have been issued a residence document based on EU regulations or have submitted an application for such a residence document no later than 31 December 2020.

If you as a family member of this extended family group have not taken residence in Denmark no later than 31 December 2020 and wish to live together with the UK citizen in Denmark after this date, you must apply for a residence permit after the regulations of the Danish Aliens Act.

Your relationship must be genuine and not established solely for the purpose of obtaining a residence based on the Withdrawal Agreement. You must as part of the application sign a sworn declaration under the penalty of perjury attesting to this.

SIRI can if deemed necessary call you in for an interview with a view to assess whether your relationship is genuine.

It is a condition that your family relation has been established before the end of the transition period on 31 December 2020 and continues to be in effect at the time of applying.

This means that if you, for example, are the spouse to a UK citizen residing in Denmark and wish to take residence in Denmark I 2022, it is a requirement that you were married before the end of the transition period on 31 december 2020 and that you continue to be married when you take residence in Denmark in 2022 and that the UK citizen residing in Denmark has, at this time, been granted residence in Denmark based on the Withdrawal Agreement.

If your family relation has only been established after 31 December 2020, the future family members to the UK citizen will not be covered by the Withdrawal Agreement. In these instances where the family relation has been established after the end of the transition period on 31 December 2020, you must as a family member to a UK citizen submit an application for a residence permit after the regulations of the Danish Aliens Act.

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Regarding children born after the end of the transition period on 31 December 2020

The Withdrawal Agreement protects children born to or legally adopted by UK citizens after the end of the transition period on 31 December 2020.

In order to be granted residence in Denmark based on the Withdrawal Agreement when you are born to or adopted by UK citizens after the end of the transition period, it is a condition that you are under 21 years old and are financially supported by the UK citizen at the time of applying.

It is also a requirement that the UK citizen residing in Denmark has sole or shared custody of the child.

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How long can I stay in Denmark?

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

If you hold a permanent right of residence you do not need to continue to meet the conditions for your original grounds for residence. Please note, however, that your permanent right of residence can lapse if you reside outside of Denmark for more than 5 years.

When you meet the conditions for a family member, you will be issued a residence card, which is valid for 5 years.

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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.

You have a right, but no obligation to apply for a new residence document based on the Withdrawal Agreement.

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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 should 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.

If you are still living abroad, you must submit your application no later than 3 months after your entry to Denmark or no later than 31 December 2023.

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

You can see which documents 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.

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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:

Documentation for spouses and cohabiting partners

Documentation for children, parents and other family

Expect to use

10-15 minutes

to complete the application

1 person

You complete the application 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 05-04-2024 - Published by: SIRI