Brexit - Residence document as a family member (with EU residence) to a UK citizen

You are a family member to 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 based on the Withdrawal Agreement if you still wish to stay in Denmark. You can submit your application no later than 31 December 2023.

Normal processing time
3 months

Processing fee
No fee

Please note that this aplication page is meant for you who have taken up residence in Denmark as a family member to a UK citizen under EU regulations before the end of the transition period on 31 December 2020.

If you are a family member to a UK citizen and have not taken up residence in Denmark before 31 December 2020, you must use the application page for family members without EU residence.

Read more about residence as a family member without EU residence after the Withdrawal Agreement

 

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The deadline for applying for residence in Denmark based on the Withdrawal Agreement between the EU and the United Kingdom has been extended until 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 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 are a citizen of the United Kingdom and need to re-enter Denmark, 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 you are a family member to a citizen of the United Kingdom, but not yourself a UK citizen, you can use the residence card issued to you after EU
regulations to re-enter Denmark. If your previously issued residence card is no longer valid, you can apply for a re-entry permit.

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 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 you are a family member to a UK citizen and also citizen of another EU country than Denmark, you continue to be covered by EU regulations. If you
already have an EU residence document you do not need to take any further action. If you do not have en EU residence document, you can apply for
one, if you meet the conditions.

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

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What does it entail, that I must apply for residence as a family member to a UK citizen based on the Withdrawal Agreement?

The withdrawal Agreement ensures that all family members regardless of nationality who by the end of the transition period on 31 December 2020 have resided legally with a UK citizen in Denmark can continue to reside in this country and keep the rights they had under EU regulations. This means that family members can continue to reside in Denmark under the same conditions as until now.

As a family member you only have to apply for a new residence document based on the Withdrawal Agreement.

If you as a family member to a UK citizen has not yet taken residence in Denmark before the end of the transition period on 31 December 2020, you must continue to read here

If you as a family member to a UK citizen has resided legally in Denmark for 5 consecutive years, you can submit an application for permanent residence

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

In order for you to be granted a new residence document as a family member to a UK citizen based on the Withdrawal Agreement, it is a condition that you both have taken legal residence in Denmark based on EU regulations before the end of the transition period on 31 December 2020.

To have legal residence means that you and your family member meet the conditions stipulated in the EU regulations on free movement before the end of the year 2020. That is the UK citizen (the sponsor) must be an employee, self-employed person, student, person with sufficient funds or have been granted permanent residence in Denmark and that you are a family member to this UK citizen who has one of the above mentioned grounds for residence.

You must be a close family member to a UK citizen.

You are a close family member if you are the

  • spouse

  • cohabiting partner

  • child under 21

  • parent to a UK citizen

If you are the parent or child older than 21 it is a condition that you are supported financially or otherwise financially dependent on the UK citizen living here (the sponsor).

If you are other related family member to a UK citizen such as sibling or cousin it is a condition that you are financially supported by the UK citizen or belong to his or her household, or in instances where serious health issues makes it absolutely necessary, you are being taken care of personally by the UK citizen.

You are also covered by the Withdrawal Agreement and can be granted a new residence document if you belong to the abovementioned family group and if your application for residence as a family member to a UK citizen – based on EU regulations – had not been processed by the end of the transition period and your application is decided on positively.

Read more about children to UK citizens who were not yet born by the end of the transition period on 31 December 2020

If you have received public benefits, this does not automatically mean that your right to residence as a family member to a UK citizen ends. At the time you apply for a new residence document based on the Withdrawal Agreement, we will assess whether you continue to meet the conditions  for family mambers.

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I was granted residence as an accompaning family member to a UK citizen based on the EU regulations, but now I wish to apply on other grounds for residence. What are my rights?

If you are a UK citizen and have had residence as an accompanying family member to a UK citizen based on EU regulations by the end of the transition period on 31 December 2020 and you now at the time of application wish to apply for residence on new grounds for residence, you can be granted a new residence document based on these new grounds for residence based on the Withdrawal Agreement.

Please note, that you must meet the conditions for the new grounds for residence.

Read more about applying as an employee

Read more about applying as a student

Read more about applying as a self-employed person

Read more about applying as a person with sufficient funds

Likewise you can apply for residence as an accompanying family member if you meet the conditions, even if you have previously had residence on other grounds.

If you are a third-country citizen and have had residence as an accompanying family member to a UK citizen based on EU regulations, you can not change your grounds for residence from accompanying family member to other grounds for residence based on the Withdrawal Agreement. You can, however, keep your status as an accompanying family member and your rights in Denmark, including the right to reside and work in Denmark, if you submit an application for a new residence document based on the Withdrawal Agreement.

If you have resided in Denmark for at least 5 consecutive years, you can apply for permanent residence

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Can I be granted a new residence document based on the Withdrawal Agreement, if I am no longer a family member to a UK citizen?

The Withdrawal Agreement also protects UK citizen’s close family members. Even if you are no longer a family member to a UK citizen, you can in certain instances keep you residence rights and thereby be granted personal right to reside in Denmark.

This might be the case if you have divorced the UK citizen living in Denmark, if the UK citizen is deceased, or if the UK citizen is no longer residing in Denmark. In such instances family members can – under certain conditions – keep their right to reside in Denmark, even though they no longer are a family member to a UK citizen.

When you submit your application for residence based on the Withdrawal Agreement, we will assess whether you continue to meet the conditions and can keep your right to residence in Denmark.

If you keep your right to residence in Denmark and thereby can be granted a personal residence right, you will be covered by the Withdrawal Agreement and receive a new residence document.

If you have resided in Denmark for at least 5 consecutive years, you can apply for permanent residence

Before the end of the transition period, you must reside in Denmark as a family member to a UK citizen who has taken residence in Denmark based on EU regulations.

Before the end of the transition period, you must have kept your right to residence in Denmark even if you no longer is a family member to a UK citizen.

You keep this personal right to residence at the end of the transition period.

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What are my rights, if I am granted a residence document as a family member to a UK citizen based on the Withdrawal Agreement?

When you meet the conditions as a family member to a UK citizen, 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.

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 your permanent right of residence can lapse if you reside outside of Denmark for more than 5 years.

Read more about permanent residence here

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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 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.

You can still be covered by the Withdrawal Agreeement, if you document that you have used your right to free movement under EU regulations as, for example, an employee by the end of the transition periood on 31 December 2020.

Therefore, 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.

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.

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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

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