Brexit - Residence document for UK citizen as a person with sufficient funds/pensioner

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 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 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

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 person with sufficient funds.

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 can continue to reside in Denmark after the end of the transition period, you must continue to meet the conditions as a person with sufficient funds under EU regulations to be able to be granted a residence document based on the Withdrawal Agreement.

This means that you must document both that you have had uninterrupted actual and real residence in Denmark no later than at the end of the transition period on 31 December 2020 and until now and that you have had sufficient funds to support yourself.

In the ‘How to apply’ tab to the right you can, amongst other things, see a number of examples of documents that may be relevant to submit together with the application form.

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 person with sufficient funds 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 a person with sufficient funds under EU regulations.

Read more on being a person with sufficient funds below.

It is a concrete assessment, based on your personal situation, whether you can be considered to have sufficient funds. If your funds correspond at least to the sum of the services that you – based on your age, marital status etc – would be able to receive according to the terms of the Active Social Policy Act (lov om aktiv socialpolitik), you will normally always be considered to have sufficient funds.

You must have enough funds to support yourself and your family during your entire stay in Denmark. In order to obtain a residence document you must document to SIRI that you can support yourself and any family for at least the first 12 months of your stay in Denmark. However, you must still be self-supporting after the 12 months. SIRI may, at a later date, ask you to submit proof that you still have sufficient funds.

If you are supported financially by another person, such as a family member, your partner or the like, you can apply for a residence document as a person with sufficient funds based on the Withdrawal Agreement. If this is the case, the person who supports you needs to document that he or she has sufficient funds to support him- or herself, support you, and support any child or other person that he or she is obliged to support.

In the ‘How to apply’ tab to the right you can, amongst other things, see a number of examples of documents that may be relevant to submit together with the application form.

Since it is a condition for having residence as a person with sufficient funds that you are self-supporting and thus do not become a public burden, you cannot normally obtain or retain a residence document on these grounds if you receive public benefits such as cash assistance, self-sufficiency and return benefit as well as transition benefit or the like. If, on the other hand, you receive unemployment benefits from your unemployment-insurance fund (A-kasse), this will not prevent you from being considered as self-supporting.

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.

When you meet the conditions for a person with sufficient funds/pensioner, 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.

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.