Checklist for Expat Residency Rights during Brexit Transition Period
10 things Expats should monitor as Brexit unfolds during 2020
ProACT Sam offers a 10-point checklist for Expat residency rights, which Expats should follow and monitor during this year of transition post-Brexit.
Brexit has legally gone ahead and the UK is no longer part of the EU.
While nothing may have appeared to happen, everything is different.
The reason things may appear not to have happened is partly due to a transition period during which nothing changes. The UK is like an affiliate member of the EU, using the same residency, healthcare and trade rules but not an active member. The UK or EU could implement changes this year, but they will either be within the current framework or applicable after the transition.
Expats: UK and EU Citizen’s Rights
The reassuring point for both UK Expats Living and Working Abroad, and for EU Expats in the UK is that the Withdrawal Treaty enacted into law at the end of 31st January includes provisions to protect EU Citizen rights.
EU Citizen Rights are based on the principle of free movement of people, labour and capital between the EU and its member states. The Withdrawal Treaty contains 2 key provisions:
1. The freedom to move and relocate remains during the transition period.
2. UK and EU Expats have the right to retain their residency rights as they are for as long as they wish, up to their remaining lifetime, with their families.
This is quite different to the no-deal scare stories that were so 2019!
Transition Relocation to UK or EU
A UK Expat could still relocate to an EU country under current rules until the end of the transition period.
An EU Expat could still relocate to the UK under current rules until the end of the transition period.
Plus these new 20:20 EU Expats could still remain in that EU country long term under point 2 above even if their period of Living and Working Abroad in the EU or UK starts in 20:20.
Free movement of UK Expats to the EU and EU Expats to the UK remain during the transition period.
Action Point: Relocate and register your UK or EU residency before the transition period ends 31/12/2020
Retaining EU Expat Status in UK and EU
Point 2 is that all EU Expats Living and Working Abroad in the UK can apply for Settled Status i.e. the right to live and work abroad in the UK for themselves and their families for up to the rest of their lives.
Because the UK does not have a residency registration system at the point of entry to the UK, the ‘Settled Status Scheme’ has been introduced.
There are rules but essentially any EU Expat in the UK could get Settled Status after 5 years in the UK.
If they have less than 5 years, the Expat is granted pre-settled status that rolls into Settled Status. Settled Status is not naturalisation or citizenship (a route also open to Expats).
UK Expats in the EU retain their EU status by securing permanent residency status after 5 years Living and Working Abroad in one EU country.
Unlike the UK, EU countries all require initial residency registration. This initial residency registration could be made during the transition period. So UK Expats could, under the Withdrawal treaty, retain lifetime residency in their ONE EU country of residency without naturalisation.
Note: UK Expats retain the EU Citizen rights of free movement but only with their one country of EU residency.
The applications for settled or permanent residency are for residency that commences before the end of the transition period 31st December, but the residency registration application could be submitted for a further 6 months by a 30th June 2021 deadline.
Action Point: apply for permanent residency or settled status to register your UK or EU residency before the application period ends 31/12/2020
Free Brexit for Expats Checklist Download
ProACT have produced a free 10-point checklist for Expats to download for FREE:
Get the complete guide to Brexit for Expats
ProACT’s complete (updated) guide to Brexit for Expats offers:
Clarity on -
Healthcare - the relevance of the S1 post-Brexit and how to access NHS treatment
Social Insurance - how long they will remain in place
Overseas businesses - why overseas businesses won’t be affected by Brexit
Understanding -
How your taxes, pensions, overseas property ownership/purchase will be impacted as an Expat
