Brexit - Residence document for UK citizen as an employee

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 an employee 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

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 the reason 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 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 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 for you submitting your application 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

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

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

You can apply for a new residence document as an employee, if you carry out actual and real work in Denmark.

Your work is actual and real if you carry out work as instructed by an employer and are paid for it.

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

You can read more about permanent residence here

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

You must have taken legal residence in Denmark before the end of the transition period on 31 December 2020 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 an employee. 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 employee after the end of the transition period.

When we process you application, we assess whether you have taken legal residence based on EU regulations – including whether you continue to meet the conditions for being an employee 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 and continue to reside in Denmark hereafter.

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 an employee.

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.

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

This means that you must have had legal residence in Denmark as an employee at the end of the transition period and that you since then have had actual and real residence in Denmark. 

When you submit your application, you must attach your employment contract / a declaration from your employer and/or payslips.

You can download a declaration form here that must be completed and signed by your employer

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 and you have changed your status to employee at the time you submit your application for a new residence document based on the Withdrawal Agreement.

You must continue to meet the conditions for an employee under EU regulations.

  1. You must work a certain number of hours each week. You must normally carry out paid work for at least 10-12 hours a week.

  2. You must work for an extended period. In order to be granted a residence document as an employee, your employment agreement must normally apply for a minimum of 10-12 weeks.

  3. Your work must be actual and real. The assessment of whether your work is actual and real will consider, amongst other things, your salary as well as the above-mentioned requirements on the number of hours worked and duration of employment. Factors such as collective-bargaining agreements, holiday pay and pension can be included in the assessment of actual and real work. However, the absence of these factors in an employment agreement does not in and of itself mean that the work is not actual and real.

When you submit your application, you must attach your employment contract / a declaration from your employer and/or payslips.

You can download a declaration form here that must be completed and signed by your employer

If 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 and continue to meet the conditions for being an employee under EU regulations at the time you submit your application, you can be granted a residence document as an employee based on the Withdrawal Agreement, even if you have not previously been issued a EU residence document after EU regulations.

When you submit your application, you must attach your employment contract / a declaration from your employer and/or payslips.

You can download a declaration form here that must be completed and signed by your employer

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 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, that means 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 right of residence can be terminated and you can lose your right to be in Denmark.

Benefit payments from the municipality or any other public authority to a foreign national will be reported to SIRI. 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.

How long can I stay in Denmark?

When you meet the conditions for an employee, you will, for a temporary stay, be issued a residence card, 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.

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

What happens if I no longer have paid work?

If you have been granted a residence document based on your status as a paid employee and you lose your job, regardless of whether you were fired or quit, your right of residence has as a rule been terminated.

If you are a UK citizen and no longer employed, you have normally lost your grounds for residence as an employee.

Under certain conditions you can keep your right to reside as an employee based on the Withdrawal Agreement, e.g. if you are unemployed due to no fault of your own.

If you would like to remain in Denmark after losing your job, and you have not found a new job, it is important that you sign up for the job centre within 14 days of the termination of your employment. In some cases employee status – and thus your grounds for residence as an employee – can be retained temporarily after you lose your job. This depends on factors such as the reason why you lost your job and whether you registered with the job centre within the allotted time after you stopped working. How long you can maintain your employee status depends on how long you worked in Denmark before the termination of your employment.

If you believe that 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 categories. You can therefore change your status between, for example, employee, student, self-employed person or person with sufficient funds for self-support.

If SIRI is considering 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 reach 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 considered and this may influence whether 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.

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 the case for close family members 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 in the meantime has not given op his or her residence status in Denmark.

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

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 for British citizens before the deadline expires on 31 December 2023.

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

If you hold 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 still be covered by the Withdrawal Agreement if you document that you have used your right to free movement based on the EU regulations, for example as an employee by the end of the transition period on 31 December 2020.

You have a right, but no obligation to apply for a new residence document for British citizens before the deadline expires on 31 December 2023.

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.

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 or your employer if we need further information to process your case.

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 an employee you can submit an employment contract or a declaration form your employer

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.

Your residence card will automatically be sent to the address that has been registered under your name in the Civil Registration System (CPR). It is important that your name is written on your mailbox. If your name is not written on your mailbox, there is a chance that the residence card will not be delivered to you, and that it will be sent back to SIRI instead.

Responsible agency

Contact SIRI
Send link

Last updated 08-01-2025 - Published by: SIRI