A letter to UK Nationals residing in Poland
HMA Jonathan Knott publishes a letter to UK Nationals residing in Poland about the UK´s departure from the EU and its implications.
HMA Jonathan Knott
Over the last few months I have met many UK nationals here in Poland to discuss what the UK’s departure from the European Union means for you. I am writing now to set out where negotiations have got to and to let you know how you can best stay informed.
What has happened in the negotiations between the EU and the UK?
From the beginning of this process, the Prime Minister has been clear that safeguarding the rights of EU citizens living in the UK, and UK nationals living in the EU, is her first priority for the negotiations. In December last year the UK and the European Commission reached a comprehensive agreement on reciprocal protection of UK and Union citizens’ rights. In March this year, the Commission and the UK announced that the commitments made in December had been translated into legal text. We also agreed the terms of a time-limited implementation period until 31 December 2020 which will give citizens like you more time to make any preparations. This marks an important step towards finalising the full Withdrawal Agreement.
What does that mean in practice?
The agreement means that as UK nationals living in Poland, you and your family members will be able to carry on living your lives as you do now. You will be able to carry on living, working or studying in Poland for as long as you want to. Your rights to remain in Poland will be protected now, during the implementation period and beyond. You will continue (now and in the future) to be able to access entitlements to social security on the same basis as Polish citizens living in Poland. You will be entitled to have your social security contributions made before and after exit in the UK, or in another member state, count towards a future UK or EU member state pension. Your children will continue to enjoy access to education on the same basis that Polish children do. In short, most of what you do (or are entitled to do) on a daily basis will not change.
What is still to be agreed?
Citizens’ Rights remains an important issue in our discussions about our future relationship with the EU. We have secured the right for you to continue living your life as you do now. But we would also like to discuss with the EU27 future life choices. For example the right to onward free movement should you wish to move to another EU member state. Other areas that we still wish to discuss include the provisions for posted workers, and mutual recognition of qualifications.
Arrangements for travel between the UK and EU beyond 2020 are also being discussed during the second phase of the negotiations. But we already know that up to 31 December 2020 you and your EU family members will continue to be able to travel to the UK as you do now. In some cases where you have resided in an EU member state for at least three months, your non-EU family members may also travel with you to the UK (please see the links below for more information).
Some UK nationals have raised concerns about what happens if an overall deal between the EU and the UK is not reached. It is important to say we do not want or expect a no deal outcome. It is also important to highlight the UK Government and the Commission have both stated that providing certainty for citizens is a priority. We believe it would be very unlikely for any agreed deal on citizens’ rights to be reopened.
What preparations should you make for the future?
The British Government has been clear that we will leave the European Union in March 2019 and that there will be a time-limited implementation period until 31 December 2020. We have agreed with the Commission that you will have a further 6 months after that period (i.e. until 30 June 2021) to make any necessary preparations according to what is required in the final Withdrawal Agreement.
If you have not done so already, I would strongly urge you to register with the Polish authorities. All UK nationals who have been residing in Poland for 3 months and wish to continue to live here through self-sufficient means, or wish to continue studying or working here, must register with their nearest Polish vovoideship office. This is a long-standing requirement. The application is free.
The Polish Government along with other member states are now making plans for the practical elements of applying the withdrawal agreement. This includes any administrative procedures UK nationals will need to follow after our departure from the EU. At our “Brits in Poland” events many of you asked whether your residence documentation will remain the same. We don’t yet know but we are working closely with the Polish Government to ensure information is provided to UK nationals in a timely manner and will publicise information provided by the Polish Government when this becomes available.
Your questions
During our discussions with you some common questions have arisen.Here is the most up-to-date information we have in response to your “top three”:
What if I/my family decide to move back to the UK?
If you wish to move back to the UK, you and your family members (both EU citizens and in some cases non-EU citizens), will be able to do so until 31 December 2020. After that date, the UK Immigration Rules will apply where your family member is not a UK national. The UK government will be setting out initial proposals for our future immigration arrangements in due course. The UK’s departure from the EU does not change nationality law and therefore the processes for registering children and applying for British passports remain the same. UK nationals are able to travel or return to the UK at any time, including after 31 December 2020.
Will I have to pay tax in two countries?
The UK’s exit from the European Union will not change existing double taxation arrangements. Double taxation agreements ensure that any individual (not just a British citizen) who is living in a country which has a treaty with the UK will not pay tax in two countries on the same income/gain and determines which country has primary taxing rights. The UK has a double taxation agreement with all EU Member States, which will continue to apply on withdrawal.
Will driving licences still be valid after exit day?
The validity of UK driving licences in the EU and other Member State licences in the UK, forms part of the negotiations on the future UK-EU relationship. As such we cannot answer this yet, but the discussions on the future relationship are underway.
Where can you find out more?
The UK Government website has a range of documents that concern the UK’s departure from the EU, including a section on what you need to know as a British citizen living in the EU.
The online ‘Do I Need a Visa’ tool will be useful for those who are thinking of going on holiday to the UK with family members who are not British or EU citizens.
For those thinking about returning to the UK with family members who are not themselves British or EU citizens, this guidance may be useful.
If you are unsure if your family member is a British Citizen, more information can be found here.
You can also find out more information about processes while in Poland, including applying for a British passport or naturalisation, here.
Our contact with UK nationals has shown that some of you are not sure what your entitlements and obligations are as EU citizens living in another member state. It is impossible to put in writing detailed information that would reflect all of your individual circumstances and situations. I would, however, encourage you to use the resources of the European Union’s website, which has a whole range of easy-to-follow explanations of how pensions, social security payments, driving licences, education and a whole range of other topics in the EU work. The “Your Europe” website is available in all community languages.
One particular area of interest is how state pensions are calculated, particularly where you have been making contributions in more than one member state, for example both in the UK and in Poland. The above website explains how the relevant departments in EU member states calculate entitlements. HM Revenue and Customs also have an online portal that allows you to check your National Insurance record.
And the UK Government’s International Pension Centre provides more information on pension entitlements while overseas.
Finally, as more information is released, we will publish this through the Embassy’s media channels on Facebook and on Twitter. We continue to talk to the Polish Government to discuss what UK nationals may need to do in the future and to encourage information to be shared when decisions are made. I would also recommend that you subscribe to Brexit e-mail alerts which will be the quickest way to get up-to-date information.
Jonathan Knott HM Ambassador