SIRI information letter on Brexit sent to UK citizens, November 2020

Information letter regarding your right to residence as a UK citizen residing in Denmark in connection with the UK leaving the EU

You have been sent this letter because you are registered as a UK citizen or as a family member of a UK citizen in the Central Office of Civil Registration (CPR).

If you are a Danish citizen, citizen of one of the Nordic countries, Switzerland or the EU, please ignore this letter.

The UK left the EU on 31 January 2020. In connection with this, the EU and the UK concluded the withdrawal agreement, which entered into force on 1 February 2020. As part of the withdrawal agreement, a transition period was introduced during which UK citizens and their family members continue to exercise their right to free movement in accordance with EU rules on free movement. This transition period ends on 31 December 2020.

The purpose of this letter is to explain what your right to reside entails and how to preserve it after the end of the transition period on 31 December 2020.

Where do I stand after 31 December 2020?

If you have taken up legal residence in Denmark – under the EU rules on free movement – before 31 December 2020, you can preserve your right to reside in Denmark.

According to the withdrawal agreement you can maintain your residence rights in the host member state as defined in the EU rules on free movement. This means that you can continue to live, work or study in Denmark on the same conditions as now.

UK citizens who have not taken up legal residence in Denmark and exercised their right to free movement before 31 December 2020 must apply for a residence permit as a third country national under the Danish Aliens Act if they wish to take up residence in Denmark after 31 December 2020. According to the Danish Aliens Act they must submit an application to the Agency for International Recruitment and Integration (SIRI) or the Immigration Service.

How do I preserve my right to reside after 31 December 2020?

In order to preserve your residence right in Denmark in accordance with the withdrawal agreement you are obliged to submit an application for issuance of a new residence status and a new residence document. You can submit the application through a digital application form which will be available on newtodenmark.dk from 1 January 2021.

Your application will be processed by the Agency for International Recruitment and Integration (SIRI). You can submit the application no sooner than 1 January 2021 and no later than 31 December 2021. Applications submitted after 31 December 2021 will only be processed if SIRI deems that there are reasonable grounds for the failure to respect the deadline.

In the beginning of December 2020 you will be notified as to when you should submit your application. You will keep your right to reside in Denmark up to this point as well as during the processing of your application.

Who needs to apply for a new residence status?

All UK citizens and their family members, who have taken up legal residence in Denmark and have been exercising their right to free movement under EU rules before 31 December 2020 must apply for a new residence status.

This includes the following groups:

• Workers
• Students
• Self-employed persons
• Persons with sufficient funds for self-support (including retired persons and persons on early retirement)
• Family members of UK citizens (i.e. spouses/co-habiting partners, children, parents and other direct relatives)

UK citizens with the right to permanent residence

You also need to apply for the new residence status, if you have obtained the right to permanent residence under EU rules on free movement. The reason is that your legal basis for residence will now be defined by the withdrawal agreement.

Cross-border workers

UK citizens who were exercising their right to free movement as cross-border workers in Denmark before the end of the transition period and who continue to do so can preserve their existing rights, if they submit an application for a document which confirms their rights as cross-border workers in Denmark. This way, they can continue to work in Denmark and live in the UK or another EU country without a work permit.

Required documentation

When submitting your application you must include documentation to prove that you met the requirements for residence under EU rules before the end of the transition period.

Examples of documentation:

• Copy of proof of registration/residence card

• Copy of employment contract/statement from employer

• Copy of acceptance letter from an approved educational institution

• Bank statement as documentation of sufficient funds

• Proof of active self-employment

• Copy of marriage certificate or other proof of co-habitation

All applications must include a copy of your valid passport.

Residence card

If you meet the conditions of the withdrawal agreement, SIRI will issue a residence card which documents your right to reside in Denmark. Residence cards are valid for, respectively, five years (temporary residence) and ten years (permanent residence).

Recording of biometric data

In connection with submitting your application for a new residence status you must have your biometric data recorded for your residence card. All groups, including cross-border workers, must have their biometric data recorded. This can be done in one of SIRIs five branch offices (Copenhagen, Odense, Aalborg, Aarhus, and Aabenraa). If you are outside Denmark, you can have your biometric data recorded at a Danish diplomatic mission or Visa Facilitation Services Centre.

Communication

In the beginning of December you will receive a new letter, which will state the time, where you must submit your application. SIRI wishes to spread applications across the year in order to avoid long case processing times. Consequently, you will be asked to submit your application within a certain interval. Towards the end of 2020, these intervals will also be made available on www.uim.dk/brexit and www.newtodenmark.dk, where you will also be able to find updated information about the rules and application procedures.

Kind regards,

The Danish Agency for International Recruitment and Integration (SIRI)