Policy paper

Specialised committee on citizens' rights: sixth joint report on the implementation of residence rights under Part 2 of the Withdrawal Agreement, January 2022

Published 26 January 2022

This was published under the 2019 to 2022 Johnson Conservative government

Introduction

This joint report on citizens’ rights provides an update on implementation progress in relation to Article 18(1) of the Withdrawal Agreement (WA)^{[footnote 1]} in the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK). This report also includes data on residence documents referred to in Article 18(4) in the EU Member States with a declaratory system. A summary of the communications, outreach and assistance being provided to individuals when applying or registering for residency under Article 18 has also been included.

All the reports are available here and here. The Specialised Committee on Citizens’ Rights prepared and published joint reports every three months, until the expiry of the last deadline for applications for a new residence status in countries that have opted for a constitutive system under Article 18(1); the last deadline was 31 December 2021. Thus, the current sixth edition of the Joint Report is the last one. Annual Reports on the implementation of the citizens’ rights Part of the WA will continue to be available, but under a different framework, on the basis of Article 159(2) of the WA, and with a different structure. The first such Annual Report should be prepared in 2022 and should cover the previous year.

All information contained within this report is based on the national systems and administrative procedures established in relation to the implementation of Article 18(1) or Article 18(4), as reported by the UK and the EU Member States authorities. The data provides information on persons who are considered to be beneficiaries of Article 13 (residence rights) and of Article 15 (right of permanent residence). 13 EU Member States and the UK have opted for a constitutive system under Article 18(1) and 14 EU Member States have opted for a declaratory system under Article 18(4). For data tables see Annexes.

Start date of application and information for applicants

Article 18(1): Constitutive systems

United Kingdom

Residence

The EU Settlement Scheme opened on 30 March 2019, with a deadline of 30 June 2021 for applications by those who were resident in the UK by the end of the transition period (31 December 2020). It is a digital system and is free of charge. Applicants generally only need to complete three steps – prove their identity, show that they lived in the UK by the end of the transition period (unless they are applying as a joining family member), and declare any criminal convictions. Late applicants also need to demonstrate reasonable grounds for missing the deadline, as detailed below. Applicants can verify their identity using an app, by post, or face-to-face at an ID document scanner location. A paper application form is available for those who are unable to apply online. The scheme provides applicants with secure digital evidence of individual status (an eVisa), issued in accordance with the WA, which can be used to demonstrate their right to work, study, rent property and access benefits and services.

Since 1 July 2021, EU citizens and their family members granted status under the EU Settlement Scheme have been required to evidence their rights in the UK with their digital immigration status (eVisa), rather than their passport or national identity card. For example, they may need to do this when applying for a job or when renting a property. The Home Office has published a guide for EU citizens on viewing and proving their immigration status. The guide explains how people can view and prove their immigration status, update their details, what they should expect when crossing the UK border and how to get help accessing their immigration status.

Late application policies

In line with the WA, there remains scope, indefinitely, for a person eligible for status under the scheme to make a late application to the scheme where, in light of all the circumstances and reasons, there are reasonable grounds for their failure to meet the deadline applicable to them. Where a person wishes to make a late application to the scheme, they must make a valid application under Appendix EU – online or on the relevant paper application form – and provide information with the application setting out their grounds for failing to meet that deadline. The Home Office has published non-exhaustive guidance that underpins a pragmatic and flexible approach to late applicants. On 6 August 2021, the British government announced that those who submit a valid late application to the scheme (and joining family members), will have their rights protected until their application is finally determined. This will apply equally to applicants who applied late but before this announcement.

Communication and outreach

Since 2019, the Home Office has delivered a wide range of communications activity and content to encourage eligible citizens and their family members to secure their rights through the scheme. This includes investing £8 million in a comprehensive communications campaign to encourage applications by the deadline of 30 June 2021. The campaign targeted those who were yet to make an application, with messages that directly addressed barriers and motivations to apply. From May 2021 to the end of June 2021, a UK-wide burst of marketing activity, focused on applying by the deadline and the consequences of missing it, with adverts carried across hundreds of digital and broadcast channels. Throughout all campaign bursts, communications activity has sought to raise awareness of the extensive support available to vulnerable applicants including children and older people where appropriate. Paid activity was also supplemented by a wide range of stakeholder outreach to raise awareness of EUSS and encourage applications, including regular email updates to over 500 stakeholder organisations.

Post-deadline, a wide range of communications activity (including extensive stakeholder engagement), has continued to promote the scheme to those eligible to make a late application. For example, the Home Office emailed 5 million applicants granted status under EUSS by 7 July with key scheme prompts and reminders. Refreshed social media content has also been made available for stakeholder use, and regular mailers to stakeholder groups have continued.

Further communications activity targeting those who have already been granted status is also in development, for example how to use the ‘view and prove’ service when renting or applying for a job and details of how pre-settled status holders can apply for settled status. Communications activity focused on vulnerable prospective applicants also remains a priority.

A range of materials have been developed throughout the life of the scheme, including guidance, digital and hardcopy leaflets, flyers and ‘EUSS toolkits’ for applicant and stakeholder use. Post-30 June 2021, refreshed materials have been made available digitally and in hardcopy, including guides for those making a late application to the scheme.

Assistance

Since 2019, individual support for applicants has been provided by phone and email through the EU Settlement Resolution Centre. The ‘Assisted Digital’ service has, and continues to provide, support to applicants who do not have the appropriate access, skills or confidence to apply online over the telephone. A comprehensive range of support has been put in place to assist vulnerable and at-risk groups, including the elderly, those who cannot access or are not confident with technology and non-English speakers. This involves direct support offered by the British government and indirect support through third parties. Up to £25 million funding has been made available to 72 organisations, and over 100 partner organisations who support vulnerable people in applying to the scheme (currently funded until 31 March 2022).

Belgium

Residence

The new residence scheme opened on 1 January 2021. After examination of the conditions, UK nationals and their family members received their new residence document from the municipality. Those who were not yet registered were able to apply for a residence document for beneficiaries of the WA at the local municipality and they received their new document after the Immigration Office examined compliance with the conditions. UK nationals and their family members had until 31 December 2021 to apply for their new residence status.

Late application policies

Late applications must be submitted to the municipal authority of the applicant’s place of residence. The examination by the Belgian immigration authorities is carried out on a case-by-case basis and is made upon an assessment of all the relevant circumstances and reasons for not respecting the deadline. This assessment is done in a flexible and pragmatic way.

Communication and outreach

UK nationals and their family members already residing and registered in Belgium were personally contacted by letter by the Secretary of State during December 2020. This letter explained the conditions to fulfil and the procedure to follow, as well as invited them to apply for a new residence document for beneficiaries of the WA at the local municipality. In addition to updating websites of relevant Belgian authorities, the Belgian authorities are in a close contact with the British Embassy in Brussels.

On 8 November 2021 a second letter was sent by the Director-general of the Immigration Office to British nationals and their family members who had not yet taken any steps to secure their stay in Belgium, reminding them of the application deadline and the procedure to follow, the consequences of missing the deadline and inviting them to apply as soon as possible.

Assistance

The Belgian authorities provide training to local municipalities, which are the first point of contact in Belgium for UK nationals, including vulnerable groups, and are making sure that they are well informed about the new procedures in place. Belgium specifically chose to carry out a targeted communication by letter which enabled outreach to vulnerable groups and personally inform them about the procedure. UK nationals can contact the Immigration Office whenever they have a problem. If necessary, assistance will be provided for via email infodesk@ibz.fgov.be or by phone (+32 24 88 80 00). The Belgian authorities also reach out to external partners that assist foreigners and provide training.

Denmark

Residence

The application procedure for obtaining a new residence document under the WA has been available since 1 January 2021. Applications can be submitted online or handed in on a paper form at the service centres of the Danish Agency for International Recruitment and Integration, where biometric data for the residence document will be recorded, and further guidance to applicants is given. UK nationals and their family members had until 31 December 2021 to apply for their new residence status.

Late application policies

Regarding out-of-time applications, the national rules governing the application of Article 18(1)(d) are found in Executive Order No. 1700 of 23 November 2020 on the right of entry, residence and work in Denmark according to the WA. The Executive Order can be found on www.Retsinformation.dk, which is the official Danish website containing all Danish legislation: https://www.retsinformation.dk/eli/lta/2020/1700.

The assessment of an out-of-time application is to be carried out in accordance with the Executive Order mentioned above and in line with our Guidelines of 5 March 2021 https://www.retsinformation.dk/eli/retsinfo/2021/9207. From the guidelines it follows that in case of out-of-time applications, the authorities shall make an individual assessment of all relevant circumstances and reasons relied on by the applicant to justify an out-of-time application. As part of the assessment, the authorities should also take into account the consequences of not allowing the submission of the application in the light of the overall purpose of the WA, which is to protect existing rights for those, who have taken up legal residence in accordance with EU rules on Free Movement before the end of the transition period.

Further, the digital application form has been updated to include an entry page for applicants applying after the deadline. On this new entry page (which can be found at https://www.nyidanmark.dk/da/Du-vil-ansøge/Brexit) their rights and the consequences of sending in a late application are explained.

Communication and outreach

UK nationals and their family members residing in Denmark were informed individually regarding the application procedure via personal digital postbox (e-boks) in November 2020, and they received a follow up letter with additional information during December 2020 about the specific slots suggested for submitting the applications. Information is available on dedicated websites which are regularly updated. The information campaign was stepped up during autumn 2020 and consists of both websites, including FAQ, individual information letters, So-Me awareness raising, and outreach events (online and physical). The campaign targets UK nationals residing in Denmark, frontier workers and professional and student organisations. Further awareness activities were initiated during autumn 2021, where letters were sent out to UK nationals, who did not already submit their application, reminding them to do so before 31 December 2021.

Assistance

The Danish authorities established a specific Brexit mailbox for written enquiries brexit@uim.dk and a contact form at https://www.nyidanmark.dk/da/Kontakt-os/Kontakt-SIRI/Kontaktformular. Moreover, dedicated hotlines (+45 72 14 20 05 and +45 61 98 40 00) were established where UK nationals can reach immigration authorities during specific time slots with enquiries and obtain information on the new application process. As regards vulnerable UK nationals, the Danish Agency for International Recruitment and Integration provides assistance and guidance at their facilities (placed in different parts of the country). Vulnerable applicants can submit their applications on paper.

France

Residence

UK nationals and their family members already living in France before 31 December 2020 had to apply for WA residence documents via a website that was opened on 19 October 2020. A decree published on 19 November 2020 details the relevant provisions of the WA. An order of 20 November 2020 sets the list of documents to be provided. UK nationals and their family members need to upload a scan of their passport as well as one or several additional documents depending on their situation. After filling out the administrative information and uploading documents, a certificate of application is sent by email. Once the file has been processed, an email is sent to the applicant in order to make an appointment at the prefecture to finalise the request (fingerprinting and photography). Finally, the residence document is sent to the home address.

Initially, UK nationals and their family members had until 30 June 2021 to apply for their new residence status. However, in order to take into account the fact that some British nationals were unable to submit their application by this date (owing to their state of health, to the sanitary measures preventing them from returning to France in time to complete the process…), prefectures were instructed to take into account all applications until 4 October 2021 at the latest. The online service was closed on 4 October for the submission of new applications; it remains open for the submission of additional documents which may be requested by the prefectures. Since 4 October 2021, late applications can be submitted by UK nationals only via a paper application at the competent prefectures. Moreover, the 19 November 2020 decree was modified by the 27 September 2021 decree n°2021-1236, which postpones to 1 January 2022 the date from which the beneficiaries of the agreement will be required to have a residence document.

Late application policies

Since 1 January 2022, UK nationals who have not received their residence document can still reside legally in France and benefit from the rights attached to their status (residence, work, social rights) as long as they are able to present the certificate for the submission of their application for a residence permit online, or a receipt for the application for a residence permit issued by the prefecture within the framework of the WA.

Article 18(1)(d) is reflected in the decree published on 19 November 2020, according to which “Where the deadline for submitting the application for a residence permit laid down in the preceding paragraphs is not respected, the respective foreign national may be allowed to submit the application within an additional reasonable period of time, if there are legitimate grounds for not meeting the original deadline.” The legitimate grounds that are taken into account when accepting applications submitted out-of-time could be linked to cases of force majeure, such as the current Covid-19 pandemic (inability to return to France due to illness or border closure), to health problems or professional obligations (travel or stay abroad for professional reasons).

Communication and outreach

The French authorities have carried out awareness raising campaigns on websites of competent national authorities and social media. The campaigns inform UK nationals about the changes and new procedures. This is complemented by communication using print media (leaflets and posters) and newspapers, both at national and local level, in order to amplify the message and reach people who are harder to reach via standard measures. Corresponding awareness raising campaigns target other stakeholders and local authorities. A last campaign was launched at the end of September, aiming to reach the last persons who still have not applied for a residence document.

Assistance

The process for the residence document application was designed in order to minimise the necessity to come to the prefecture, which was helpful for elderly people, those residing far away or physically disabled. A maximum of one trip to the prefecture was necessary, because the residence document was sent directly to the home address. People who did not have easy access to new online technologies found at their disposal computers in prefecture, with free access or with the help of a guide. These measures were complemented by assistance provided by four organisations funded by the British government that worked in partnership with the prefectures to provide specific support to vulnerable people. In general, UK nationals can ask for assistance at contact-demandeenligne-brexit-dgef@interieur.gouv.fr.

Latvia

Residence

The new residence scheme opened on 1 October 2020.To get the new status UK nationals and their family members will have to submit an application and copy of travel documents to the Office of Citizenship and Migration Affairs. Applications and copies of travel documents can be sent either by post or courier service, or submitted electronically with the secure electronic signature affixed. Application should be filled in for each person separately. Where an application is submitted electronically, the applicant will receive a confirmation of receipt holding a statement that the application will be reviewed within 30 days. The issuance of new residence permits commenced on 4 January 2021. UK nationals and their family members had until 30 June 2021 to apply for their new residence status.

Late application policies

When considering applications submitted after 30 June 2021, the provisions of the Administrative Procedure Law will be observed, which stipulates that each case is assessed individually and all factual and legal circumstances of the case are taken into account.

Communication and outreach

All UK nationals resident in Latvia received an individual letter in July 2020 that explained the applicable procedures and deadlines. The competent Latvian authorities provide information on their websites and work closely together with the British Embassy in Riga and organised several meetings with the British community, as well as two Facebook Live meetings with a brief presentation and Q&A session.

Assistance

UK nationals, including the vulnerable, can ask for information and assistance by phone (+371 67 20 94 00) or email pmlp@pmlp.gov.lv. The Office of Citizenship and Migration Affairs ensures the delivery of identity documents (residence cards) at the place of residence of a person or in a social care institution, if a person is unable to visit the Office due to a health condition.

Luxembourg

Residence

The new residence scheme opened on 1 July 2020. UK nationals and their family members can apply by submitting an application form with a copy of their travel document. A certificate of application is issued immediately after receipt of the application and sent to the applicants. The Immigration Directorate of the Ministry of Foreign and European Affairs assesses the residence situation of the applicants. If applicants are considered to fall within the scope of the WA, they receive a letter confirming their status and inviting them to fulfil the steps required for the issuance of the residence document (biometric data collection). UK nationals and their family members had until 31 December 2021 to apply for their new residence status.

Late application policies

In the case of a late application under Article 18, Luxembourg will assess all the circumstances and reasons for the non-compliance. Several scenarios can justify a late application, for example a serious medical condition, impaired physical or mental capacity, pandemic-related reasons or other relevant practical reasons. Nevertheless, this list is non exhaustive and Luxembourg aims to apply a fair procedure, taking into account all the aspects that can lead to a late application.

Communication and outreach

The Luxembourgish authorities put a communication campaign in place, through the official website of the competent national authorities (link and link. The Immigration Directorate also sent individual letters to all UK nationals and their family members, who need to replace their current residence document. The same information letter was sent to all UK nationals and their family members who arrived to Luxembourg before the end of the transition period. A reminder letter was sent end May 2021 to UK nationals and their family members, who are potential beneficiaries of the WA and have not applied yet. Another reminder letter was sent mid November 2021 to UK nationals and their family members.

Assistance

Several Luxembourgish authorities set up specific contact phone numbers and contact emails to provide information and guidance to UK nationals and their family members. More specifically, with regard to the Immigration Directorate, a contact email was put in place brexit.immigration@mae.etat.lu and information over phone is also available (+352 24 78 40 40).

Hungary

Residence

EU citizens are obliged to register their residence with the relevant Hungarian authority. This requirement continued to apply for UK nationals and their family members during the transition period. Act CXLI of 2020 on Act on the right of residence of the citizens of the United Kingdom and their family members in view of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union modified the Act I of 2007 on the entry and residence of persons with the right of free movement and residence, a new chapter has been adopted. According to the new regulation, the beneficiaries of the WA had to apply for the new residence status. The new residence scheme was open from 1 January 2021 until 31 December 2021.

Late application policies

The general application period for WA beneficiaries was basically closed by 31 December 2021. However the law provides for a late application possibility, where the reasons for delay have to be verified and applications are reviewed on a case-by-case basis. Later, UK nationals and their family members who had their in-time or late applications for WA beneficiary status refused may apply for a residence permit according to the general rules of the Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals.

Communication and outreach

A bilingual platform launched in March 2019 provides comprehensible information to UK nationals about residence, employment, education, social benefits, applicable law, insurance obligation, customs, excise duty, travel discount, roaming and driving licenses. This platform is complemented by a targeted website of the immigration authority which provides up-to-date information regarding current and future residency status and relevant procedures. To inform all stakeholders about the upcoming legal and practical changes, the Hungarian authorities held a series of events organised together with the British Embassy in Budapest, both physically and online.

Assistance

Informative series of events also ensured the possibility to enquire about special situations. UK nationals seeking assistance may contact the immigration authority via call centre (+36 14 63 92 92). Email addresses and phone numbers of central and regional offices are also published. Client services provide assistance and guidance in person upon online appointment booking. Filing applications is possible in person as well as electronically. In order to inform the WA beneficiaries, National Directorate – General for Aliens Policing made extra effort in December 2021 by sending almost 3800 bilingual letters to possible beneficiaries.

Malta

Residence

The new residence scheme opened on 17 February 2020. The application process is staggered according to the place of residence of UK nationals already residing in Malta. Persons arriving during the transition period could submit the application after three months of residence in Malta. All applicants are required to declare criminal convictions. While it is worth noting that most of the new documents have already been issued, the existing documents will continue to be valid until the residence document in the new EU harmonised format is issued. UK nationals and their family members had until 30 June 2021 to apply for their new residence status.

Late application policies

Identity Malta Agency, which is the authority responsible for issuing residence documents to beneficiaries of the provisions of the WA shall, in accordance with Article 18(1)(d), allow persons, who failed to submit the said application before the said deadline, to submit their application on the basis of justified reasons. The Maltese Authorities are of the opinion that it would be difficult to provide an exhaustive list of the circumstances which may fall under the relative exceptional situations and they will consider each request on a case-by-case basis. They shall also be flexible on the period within which the application may be lodged. Indeed the said Authorities have, since the above-mentioned deadline, received such requests and where justified, acceded to the relative requests.

Communication and outreach

The Maltese authorities have reached out to registered UK nationals by sending them letters and information leaflets regarding the application process and also shared information online and in the traditional media. The Government and the respective authorities also embarked on an information campaign on social media that targeted UK nationals and the general public which was complemented by brochures distributed to all registered UK nationals, advertisements in local newspapers and local TV stations, and participation in specific programs on TV channels with more information being delivered. The Maltese authorities worked closely together with the British High Commission in Valletta including through the holding of joint town hall events and virtual meetings between the said two sides on general and specific issues relating to the implementation of the process related to residence rights. Moreover, the Maltese authorities sent several notifications to remind those UK nationals who, before the end of the transition period, held a valid permanent residence document issued under national rules, to apply for the beneficiary status document as provided for in Article 18(1)(h). The Maltese Authorities continued to remind UK nationals of the deadline for submitting an application for the beneficiary status provided for in the WA, through all mentioned channels of communication, not least through their social media campaigns, whereby once again, a monthly reminder was issued in the last three months before the deadline. Information on the submission of late applications was also made available on the website of Identity Malta Agency.

Assistance

Vulnerable UK nationals have priority when attending their appointments and third parties can submit residence application on behalf of housebound persons. UK nationals can seek assistance on phone (+356 25 90 48 00 for Malta and +356 22 15 61 22 for Gozo) or by email Brexit.ima@gov.mt for Malta or eresidence-brexit.mgoz@gov.mt for Gozo).

The Netherlands

Residence

The residence scheme opened on 1 February 2020. Applicants are guided through an easy to use interface and will have to upload documents that serve as a proof of their situation (a contract of employment for employees, extract from the Chamber of Commerce for self-employed entrepreneurs, a proof of sufficient resources for inactive people, a registration at the educational institution for students), in addition to a digital copy of their passport. A paper application form is available for those who can’t apply online. After the application has been received, the applicant will receive a certificate of application. Upon receiving this document, the applicant is invited to make an appointment to register their biometrics. The Immigration and Naturalisation Service (IND) will inform the applicant about the decision and the residence document will be provided. UK nationals and their family members were able to apply for their new residence status until 30 September 2021, since the Dutch government decided in April to extend the grace period.

Late application policies

The Netherlands has decided not to prolong the grace period after 30 September 2021. However, the objective remains to limit the consequences of submitting a late application for UK nationals. That is why the Netherlands has decided to set a period of one year after 30 September during which late applications for a residence document will be processed and assessed on the basis of the residence conditions in the WA, without UK nationals having to provide (excusable) reasons for their late application during this period. If the conditions under the WA are met and the residence document is issued, the UK national’s residence status will become lawful with retroactive effect. This means that, for example, benefits and subsidies that have been stopped because of the illegal residence, can be received again with retroactive effect.

Even after this period of one year, UK nationals who are minors on 1 October 2021 and who apply for a Brexit residence document when they turn 18, will not have to provide excusable grounds because the negligence on the part of the parents should not be on the account of the children.

Communication and outreach

The IND has set up a homepage which provides all information for UK nationals (and their family members) about residence and the possibility to apply for residency under the WA online. Also a Brexit hotline for questions regarding applications is set up. To inform the UK nationals and their family the IND has sent all beneficiaries of the WA that are properly registered in the municipal personal record database (BRP) an invitation letter to submit an online (or written) application on the IND website, followed by reminders in the case the UK national did not apply, despite having received the invitation letter. A robust communication and awareness raising campaign to provide information about the changes ahead and to motivate persons involved to complete the actions required, targeted UK nationals and domestic stakeholders, such as employers, universities and local authorities. The campaign was done both digitally (websites, social media, radio) and in print (newspapers). It was complemented by a survey amongst UK nationals who did not apply to better understand their reasons. The survey was carried out in cooperation with the British Embassy in The Hague, using their social media channels to reach out to participants. In September 2021 a last reminder (letter) was sent (final call) to those who still had not submitted a residence application. This final call was further reinforced by the launch of a social media campaign.

Assistance

In case an applicant needs help, the dedicated Brexit phone line at IND stands ready to assist. UK nationals can call the Brexit line (+31 (0) 88 0 43 04 10) all working days to seek information about the rights of residence after the Brexit and about how to submit the residence application. The Dutch authorities made available a paper application for applicants who struggle with submitting their applications digitally. For UK nationals over the age of 70 the IND has made extra efforts for assistance. In October 2020, the IND started to call all UK nationals in this age group and in February 2021 the IND has sent a postcard and a letter to their home address. The card was signed personally by two dedicated IND Brexit employees. Using this postcard the IND has invited this age group to contact the IND Brexit employees if they have questions or need help with their residence application.

Austria

Residence

The new residence scheme opened on 1 January 2021. UK nationals and their family members are entitled to apply for a new residence status (residence permit “Art 50 EUV”) with the competent Settlement and Residence authority in Austria. In addition to a valid identity document, further documents as provided in the WA have to be submitted with the application. The application is to be made in person. UK nationals and their family members had until 31 December 2021 to apply for their new residence status. Offices remained open for applications also during the Covid-19 lockdown, which was communicated as well (see below).

Late application policies

Austria has set the deadline for applications until 31 December 2021 (see § 3 para 2 of the national WA implementing ordinance (BREXIT-Durchführungsverordnung – BREXIT-DV) (see here: RIS - Brexit-Durchführungsverordnung - Bundesrecht konsolidiert, Fassung vom 31.05.2021 (bka.gv.at)). Furthermore, sub-section 3, para 4 of the national WA implementing ordinance contains a reference to Article 18(1)(d) and reasons for which an out-of-time application will be accepted. They can be varied and are reviewed on a case-by-case basis. Conceivable cases would be for example a failure to meet the deadline due to (severe) illness or if the applicant, who was previously a minor, has then reached the age of majority and the guardians who were obligated at the time have missed the deadline for filing the application for the minor. Guidance to this end has been published (see below).

Communication and outreach

Austria has set up a homepage and hotline for questions regarding Brexit in the Federal Chancellery. Information regarding residency rights and applications on this homepage is updated by the Ministry of the Interior when needed (in November/December due to the Covid-19 related lockdown and as of January 1st regarding late applications and family reunification cases). The information is also shared with the British Embassy and British interest groups in Austria. Additional support is available from the Ministry of the Interior in the form of a hotline as well as individual questions by mail. After two rounds of public events in all federal states (in preparation of a no-deal) these offers are very well known in the British community. An outreach event for representatives of the UK community and several key influencers concerning residence aspects of the WA was organised in October 2020. An online outreach event by the British Embassy in Vienna together with the Federal Ministry of the Interior has taken place in fall 2021.

Assistance

To improve implementation of the WA, national authorities are providing on-going training to local authorities in all provinces. All persons, in particular vulnerable UK nationals, will be assisted in making the application by the authorities. Where necessary, the authorities must assist with evidence and supporting documents and advise how the procedure can be accelerated. In most cases only one appointment with the authority will be required, as the residence permit will then be mailed to the beneficiary. The Austrian authorities operate a Brexit hotline (phone +43 (0) 8 00 22 26 66 and email service@bka.gv.at).

Romania

Residence

The Emergency Government Ordinance no. 204/2020 is the national law establishing the implementation measures for the WA, regarding the right of entry and stay on Romanian territory. The new residence scheme was opened on 1 December 2020. Applicants have to register in person, both for the right of residence and right of permanent residence. They have to fill in the application and provide required supporting documents. Those who hold a valid permanent residence document issued by the Romanian authorities according to current EU legislation can exchange this document for the new residence document through a simplified procedure. Applications need to be submitted to the competent territorial unit of the General Inspectorate for Immigration that will decide on the applications within 30 days from the date of their submission. UK nationals and their family members had until 31 December 2021 to apply for their new residence status.

Late application policies

The law establishes the time frame wherein beneficiaries of the WA can submit the application for securing the right of stay in Romania in accordance with the new status, as well as a series of related obligations. Failure to comply with the stipulated deadline is considered an administrative violation, sanctioned by a fine, and shall not cause the application to be rejected, nor will it involve the loss of WA rights. Romanian authorities will treat all late applications^{[footnote 2]} as in-time applications, with the only difference that a fine, or a verbal/written warning may be imposed for the late application, if there are no objective reasons justifying non-compliance with the deadline. Subsequently, every late application will be assessed, in order to determine if the substantive conditions are met based on the evidence provided – should this be the case, the status of beneficiary of the WA will be granted.

At the same time, if the documents filed do not provide sufficient evidence that the conditions are met, the national law contains provisions for granting a time frame no longer than 30 days, in which the beneficiaries of the WA can submit any possible documentation they might have to prove that they meet the legal requirements.

Communication and outreach

The Romanian authorities have sent individual letters to all resident UK nationals with useful information on the requirements for obtaining the new residence status, administrative procedures and deadlines. The letter also includes an email contact address where UK nationals can ask for clarifications. The Romanian authorities inform about the applicable rules, procedures and deadlines for UK nationals to apply for a new residence status via their official websites and social media. Printed information is also displayed at the local immigration offices. Furthermore, webinars with experts which included Q&A sessions took place on 9 and 14 December 2020, as well as on 9 February 2021 to further raise awareness of UK nationals about the new applicable conditions. Both the Ministry of Interior and the Ministry of Foreign Affairs operate dedicated email addresses, where UK nationals can ask for further advice in applying for the new registration procedures.

In addition, national authorities have also made targeted efforts aimed at ensuring better outreach to UK students enrolled at Romanian universities. Universities were provided with information in the form of individual messages comprising the requirements for obtaining the new residence status, administrative procedures and deadlines. These letters of advice also include an email contact address where students can ask for further clarifications. Furthermore, as part of the communication strategy, the national authorities sent a letter addressing the requirements for obtaining the new residence status, administrative procedures and deadlines for beneficiaries of the WA, to the UK nationals employed by large corporations in Romania.

The national authorities updated the information provided on their websites by including dedicated sections related to:

1. late applications

2. the status of pending applications at the end of the grace period

3. the role of the certificate of application in evidencing the rights under the WA for UK nationals (and family members) with pending requests

4. the appeal procedure

All the information mentioned above can be accessed on the following website: https://www.mai.gov.ro/en/british-citizens-in-the-context-of-brexit/

Assistance

Vulnerable UK nationals are assisted by the General Inspectorate for Immigration staff in order to correctly submit their applications. Those UK nationals who cannot, for medical reasons, submit their application in person will be registered at home. The individual letter sent to all UK nationals includes a contact address for request for special assistance (brexit@mai.gov.ro). All queries received until now have been answered in due time. UK nationals may also contact by phone or e-mail the local immigration unit in the area where they reside.

Moreover, all national authorities assisting potential vulnerable UK nationals (children in care, detained persons) have been informed upon the requirements for obtaining the new residence status, administrative procedures and deadlines for UK nationals, beneficiaries of the WA and were asked to provide them with the necessary support in the registration process.

Slovenia

Residence

On 30 March 2021, the National Assembly adopted an amendment to the Foreigners Act, which inter alia implements the WA in the part regulating residence rights. The amendment to the Foreigners Act started to apply on 26 May 2021. Until then, the WA applied directly. The new residence scheme is opened from 1 January 2021. UK nationals and their family members need to apply for a new residence document at the competent authority (administrative unit) within one year from the end of the transitional period or before the expiry of the EU citizens’ registration certificate or residence card for a family member of an EU citizen, if the remaining validity of the current certificate or residence card is less than one year from the end of the transitional period.

Late application policies

Article 18(1)(d) is implemented in the first paragraph of Article 141.b (temporary residence permit) and in the first paragraph of Article 141.c (permanent residence permit) of the Foreigners Act (Official Gazette of the Republic of Slovenia, No. 91/21 - official consolidated text and 95/21 - corrigendum), which provide that a UK national and his/her family member who does not apply for a new residence permit within the grace period, shall be subject to the provisions of this Act applicable to third country nationals as regards entry, departure and residence in the Republic of Slovenia, without prejudice to the possibility of applying for a residence permit in accordance with Article 18(1)(d). The reception and processing of such applications is the responsibility of the administrative units, which have also been given guidelines for work based on the Commission’s Guidelines on the WA (Part Two - Citizens’ Rights) C (2020) 2939 final of 12. 5. 2020. The Administrative Unit shall assess all the circumstances and reasons for non-compliance or delay and allow the UK national or his or her family member to submit the application within a reasonable extended period if there are reasonable grounds for non-compliance or delay.

Communication and outreach

An information campaign is carried out mostly via government web portal gov.si and on government social media accounts. The Slovenian authorities work closely together with the British Embassy in Ljubljana.

WA beneficiaries who have not yet applied for a new residence permit were notified in early December (written notice by post) by the Ministry of the Interior of the obligation to submit the application by 31 December 2021 at the latest.

The Ministry of Interior intends to send until the end of January 2022 a new (second) notice to those beneficiaries of the WA who have been served with the first notification and have not yet submitted their applications by 31 December 2021, inviting them to submit late application.

Assistance

UK national seeking help and assistance can contact the Ministry of Interior (phone +386 1 428 40 00 and e-mail gp.mnz@gov.si) or send a written query on brexit.mzz@gov.si.

Finland

Residence

The new residence scheme opened on 1 October 2020 when the enacting legislation entered into force. UK nationals and their family members who are in Finland under the terms of the WA may apply for a new residence status under the WA. The Finnish Immigration Service announced the processing fees in September 2020. The applications may be submitted either electronically through Enter Finland online service or using a paper form. In order to provide biometric data for the residence card a visit to the Finnish Immigration Service is necessary. UK nationals and their family members had until 30 September 2021 to apply for their new residence status. Family members who join the right holder later should apply within three (3) months of arriving in Finland.

Late application policies

The competent Finnish authorities have adopted a policy on how to assess late applications and have assessed the matter of legality ex tunc of the period of residence of a justified late applicant in case of positive decision on 24 April 2021. Since there is no national legislation concerning the matter, the competent authority i.e. the Finnish Immigration Service has determined/adopted a policy according to which the entire period of residence, including the time period after the end of the grace period until acceptance of the late application is considered as justified and a late applicant will be considered regular ex tunc where a positive decision is eventually taken on the application. The decisions concerning the “reasonable grounds” by the competent authorities are made upon an assessment of all the circumstances and reasons for not respecting the deadline on a case by case basis.

Communication and outreach

The Finnish authorities provide targeted information about Brexit and its consequences for citizens’ rights on different websites and social media. The Finnish Immigration Service (Migri) also provide FAQs on its website and published customer bulletins and other provided information and assistance to customers and to Finnish stakeholders. A series of town hall meetings has been organised in a close co-operation with the British Embassy in Helsinki. The Finnish Immigration Service has planned and conducted additional communication activities related to processing times and regarding the end of the grace period, e.g a social media campaign, and further outreach measures for vulnerable persons.

Assistance

UK nationals can ask local social authorities for support and they can contact Migri by phone (02 95 4 196 00) or e-mail (migri@migri.fi). Migri also runs a subject-specific service number (02 95 41 96 29) for EU matters that also provides with assistance in Brexit-related questions. All customers visiting Migri’s service point to submit their application get personal assistance and a 30 minutes appointment with Migri’s official. Customers can also get personal assistance while visiting an application centre of an external service provider. Migri has published “an application finder” in its website that will guide customers in choosing the correct application form in their specific situation. Migri has published a newsletter aimed and intended for partners who offer guidance e.g. to vulnerable persons to inform all UK nationals to apply for residence status. Migri has also contacted Criminal Sanctions Agency and will inform all UK nationals in their care about their need to apply for residence status.

Sweden

Residence

The new residence scheme opened on 1 December 2020. UK nationals and their family members who are in Sweden under the terms of the WA should apply to the Swedish Migration Agency for a new residence status that confers the rights included in the WA. The application is free of charge and can be made either electronically or on paper. In order to provide biometric data for the residence document, a visit to the migration agency will be necessary. UK nationals and their family members had until 31 December 2021 to apply for their new residence status.

Late application policies

As a general principle, applications for residence status must be submitted to the Swedish Migration Agency by 31 December 2021. Exceptions can be made in two situations: for certain family members who according the WA may join the UK national at a later stage and in case there are reasonable reasons for the delay. The Swedish Migration Agency will, in accordance with Article 18(1)(d), assess all the circumstances and reasons for not respecting the deadline and shall allow those persons to submit an application within a reasonable further period of time if there are reasonable grounds for the failure to respect the deadline. In the assessment of “reasonable grounds”, consideration will be given to the reasons for the delay and the length of the delay.

Communication and outreach

Information is provided through the websites and social media accounts of the Government, the Migration Agency and other State Agencies as well as through mass media. The Swedish Migration Agency works closely together with the British Embassy in Stockholm, inter alia through participation in town hall meetings and has a dialogue with civil society, for example Brits in Sweden. On 15 April 2021, a new press release from the Swedish Migration Agency reminding UK nationals and their family members to apply in good time was published, aiming particularly at English language media such as the Local and Radio Sweden in addition to websites and social media. Further press releases by the Government and the Swedish Migration Agency were published on 9 September 2021, informing that the deadline for applications had been extended from 30 September to 31 December 2021. The information was also reported in English language media (the Local and Radio Sweden). In mid-December 2021 the Migration Agency again informed about the deadline for submitting applications. Information was provided at the website, through social media outlets and in a press release. The information was also reported in English language media (interview in Radio Sweden). The Migration Agency also participated in a webinar arranged by the British embassy on December 8 2021 in order to reach out with correct information to as many as possible.

Assistance

The Swedish authorities have contacted all municipalities, healthcare regions, the Prison and Probation Service and the National Board of Institutional Care and ask them to inform all UK nationals in their care about their need to apply for residence status. UK nationals seeking assistance or information can contact the Migration Agency by phone (+46 (0)7 71 23 52 35) or email (migrationsverket@migrationsverket.se). There are contact centres for personal visits, too. UK nationals can also ask their municipal guides (medborgarkontor) if they need assistance.

Host State	Start date of applications	Deadline for applications	Links to national websites
European Union			European Commission website
Austria	1 January 2021	31 December 2021	Austria national website and another Austria link
Belgium	1 January 2021	31 December 2021	Belgium national website
Denmark	1 January 2021	31 December 2021	national website and another Belgium link
Finland	1 October 2020	30 September 2021	Finland national website
France	19 October 2020	30 June 2021[footnote 3]	France national website and another France link
Hungary	1 January 2021	31 December 2021	Hungary national website and another Hungary link
Latvia	1 October 2020	30 June 2021	Latvia national website
Luxembourg	1 July 2020	31 December 2021	Luxembourg national website and another Luxembourg link
Malta	17 February 2020	30 June 2021	Malta national website and another Malta link
The Netherlands	1 February 2020	30 September 2021	The Netherlands national website
Romania	1 December 2020	31 December 2021	Romania national website and another Romania link
Slovenia	1 January 2021	31 December 2021	Slovenia national website
Sweden	1 December 2020	31 December 2021	Sweden national website
United Kingdom	30 March 2019	30 June 2021	EU Settlement Scheme

Article 18(4): Declaratory systems

Bulgaria

Residence

The new residence scheme opened on 1 February 2020 and issuance of the new residence documents started in the beginning of July 2020. UK nationals and their family members falling under the WA maintain their rights of residence under the legislation applicable to the EU citizens. Those who hold valid Bulgarian residence documents can use them up to one year after the end of the transition period or the expiry date of their documents – whichever comes first. UK nationals and their family members arriving during the transition period have to submit an application in order to be issued a document under the WA within three months from arrival. Legislation, adopted for the state of emergency due the Covid-19 pandemic extended the validity of the documents under the Free Movement Directive (including those issued to UK nationals and their family members) that expire between 13 March 2020 and 31 January 2021 by 6 months.

Communication and outreach

An information campaign started in 2019 and is ongoing. Up-to-date information is regularly published in a section of the Ministry of Interior’s website that is dedicated to the rights of the UK nationals under the WA. The website explains the relevant procedures, required documents, application process and other elements. The authorities are in a regular contact with the British Embassy in Sofia and brief them on new legislative and administrative developments related to citizens’ rights and clarify all specific issues. Jointly with the British Embassy, the Bulgarian authorities prepared a brochure on citizens’ rights, which is placed at the disposal of the UK nationals at migration offices.

Assistance

UK nationals may submit questions and receive assistance by contacting the Migration Directorate of the Ministry of Interior by email at migration@mvr.bg. The Bulgarian authorities also reply to specific questions of UK nationals forwarded by the British Embassy. Where UK nationals cannot visit the national authorities in person due to illness, disability or other reasons, they can request that an official comes to their home, hospital or other institution. Migration officers are trained at specialised Brexit workshops and receive regular follow-up guidance on how to assist UK nationals.

Czechia

Residence

The new residence scheme opened on 1 February 2020. Lawfully residing UK nationals and their family members continue to reside in Czechia with their existing residence documents and with the same rights as they had before the transition period. They could submit their applications for residence documents issued under the WA as from 1 February 2020. Applicants need to fill in an appropriate form and prove that they are not a threat to public policy or public security and present the required supporting documents. From 2nd August 2021 to 31st August 2022, temporary residence documents will be replaced with biometric residence documents.

Communication and outreach

The Czech authorities carry out awareness raising campaigns on websites of competent national authorities and social media. At the same time, in close coordination with British Embassy in Prague, the information is shared through its networks and channels. Several recommendations were published to this end as well as an infographic and Q&A paper.

Assistance

The public can find a wide range of information on www.brexitinfo.cz. It also provides links to individual institutions and refers to the phone line Eurofon ((+420) 800 200 200). Two other contact points can assist companies - Green Line for Export ((+420) 800 133 331) and Client Center for Export ((+420) 224 907 820). The Ministry of Interior runs a hotline for foreigners (phone (+420) 974 820 680 and email opu@mvcr.cz).

Germany

Residence

As the legal provisions regarding the new residence scheme went into force on 24 November 2020, authorities accept submissions of the required notifications of the residence of UK nationals and their family members. Depending on the authority, processing of the notifications had already started in January 2021 at the latest. UK nationals and their family members will obtain the right to stay in Germany under the WA by operation of law. Those without an already issued residence document had to notify their presence until 30 June 2021. A notification is still possible after that date. The respective residence document will be issued by the authorities without application, however, the persons are obliged to provide the required biometrics and travel document, as well as the information required for the assessment of the existence of the right. Documents are issued in card format. Preliminary documents (issued until the residence document is ready) can be obtained upon application, in particular to facilitate travel within the Schengen area.

Communication and outreach

A high number of the decentralised national authorities in charge of the implementation have sent individual letters to UK residents. The German authorities are reaching out to UK nationals to raise their awareness and highlight the coming changes. This is done mostly by websites of national authorities, fliers and social media. Specific awareness raising is targeted at German employers and trade unions. Border guards have been handing out printed leaflets to all UK nationals leaving and entering the country through external borders. Media outlets serving the British community are helping with spreading information in cooperation with national authorities. A special chat bot operated by the federal customs authorities provides an additional channel for informing the UK nationals and general public.

Assistance

The German authorities adopted national guidelines for the implementation of the WA to ensure uniform and correct implementation of the rules. The laws and the national guidelines for the implementation are designed in a manner that it allows the authorities to operate procedures in a manner reducing administrative burden for the persons concerned to a minimum. The German authorities must provide information on the rights and obligations of the persons concerned in the administrative procedure (see also section Communication and outreach above). Where necessary, the authorities must assist with evidence and supporting documents and advise how the procedure can be accelerated. The official information provided on the internet on the issue by the federal government is technically designed in a manner that it is thoroughly accessible by the impaired. All institutions, mainly local, which provide assistance to vulnerable persons in all matters of daily life can also assist vulnerable UK nationals.

To supplement this assistance, the British government has also provided support via by the International Organisation for Migration(phone +49 (0)30 206 06 61 11, email UKNationalsDE@iom.int) and SSAFA (phone 0800 731 4880, e-mail germany.branch@ssafa.org.uk) under the UK Nationals Support Fund.

Estonia

Residence

The new residence scheme was opened in December 2020. The new residence status is granted automatically by law adopted in 2019. UK nationals and their family members residing in Estonia will need to request a change of current document for the new residence document. There is no deadline for exchange of current documents and they can reside and use current residence documents within Estonia up to the end of the date of validity. All Police and Border Guard service centres are open and the current document can be exchanged for a new residence card. An application for the exchange of documents can also be submitted at Estonian embassies in cases where the place of residence is registered abroad.

Communication and outreach

Estonian Ministry of Foreign Affairs and Ministry of Internal Affairs provide relevant information on withdrawal, residence procedures, etc. on their websites, social media pages and various articles on forthcoming changes have been published. Three direct letters to the UK nationals residing in Estonia have been sent by email. In cooperation with the British Embassy in Tallinn, several seminars/webinars for UK nationals residing in Estonia have been organised and relevant information, direct letters, etc. are published on their website and social media pages. Communication activities are ongoing and in June 2021 a seminar for cultural workers took place together with UK cooperation partners. Also counseling of UK nationals via telephone, migration counselors, etc. continues.

Assistance

UK nationals and family members unable to visit the Police and Border Guard Service Centres may use a representative, social worker or ask help directly from Police and Border Guard. They can turn directly to the service centre or ask for a home visit in order to submit relevant application, obtain biometric data or take a photo. In addition, the Police and Border Guard Board and consular officers have the right to exempt a person from payment of the state fees or to reduce the state fee rate based on the economic situation of the person or on the reasoned request of a state or local government agency. All residents in Estonia may ask for information about application of residence documents directly using ID helpline: +37 26 66 88 88. It is also possible to ask for advice on residence issues directly from migration advisers using phone +37 26 12 35 00 or by sending questions by email: migrationadvisers@politsei.ee, booking an appointment with advisors, etc.

Ireland

Residence

Under the Common Travel Area (CTA) arrangement between Ireland and the UK, UK nationals can move freely and reside in Ireland, and are afforded a number of associated rights and privileges, including access to employment, healthcare, education, social benefits and the right to vote in certain elections, without any requirement to obtain permission. UK nationals are specifically exempt from ‘non-national’ status under Irish law. Commitment to the CTA was reaffirmed by Ireland and the UK with a Memorandum of Understanding in May 2019. The CTA was also recognised in the Protocol on Ireland/Northern Ireland. While there is no necessity for a UK national resident in Ireland to apply for a residence document, a residence document can be issued to those seeking to document rights under the WA.

The application procedure for obtaining a new residence document under the WA was initially available from 1 January 2021 until 31 December 2021 for non-UK national family members who hold a valid residence card issued under the EU Free Movement Directive. This timeframe has been extended to 30/06/2022 to give those who have not yet applied an opportunity to do so. Applications can be submitted online via the online registration renewal service which will process the new resident document application centrally. The applicant will need to upload a scanned copy of their passport as well as one or several additional documents depending on their situation. After completing the administrative information and uploading documents, a certificate of application will be sent by email. Once the application has been processed, the residence document will be sent to the applicant’s address of residence in the State.

The application procedure for UK nationals obtaining the new residence document has been available since 1 January 2021 and will remain open-ended. Applications will be in a paper form at the local registration offices of the Immigration Service where biometric data for the residence document will be recorded. The applicant must also produce a valid passport as well as documentation evidencing residence and exercise of rights under the WA. Once the application has been processed, the residence document will be sent to the applicant’s address of residence in the State.

Communication and outreach

Rights associated with the CTA have formed part of the ongoing ‘Brexit Ready Ireland’ campaign, with information on the main Government website (gov.ie), as well as the website of the Department of Foreign Affairs. The information campaign is being organised by the Department of Justice and is carried out in coordination with the British Embassy in Dublin and includes details in relation to the residence document for both UK nationals and their non-EEA national family members. It is complemented by proactive social media content on the department’s social channels.

Assistance

Assistance and advice on residence rights is provided by dedicated mailboxes at eutreatyrights@justice.ie and burghquayregoffice@justice.ie.

Greece

Residence

A Joint Ministerial Decision on the implementation of the WA regarding the issuance of the residence document under Article 18(4) was published on 19 October 2020. The new residence scheme opened on 1 January 2021. UK nationals and their family members have the right to apply for the new residence document according to the conditions set out in the EU Free Movement Directive. An indicative administrative application deadline was set for 30 June 2021. This deadline will be extended. The registration for UK nationals is optional, while for family members of UK nationals, who are third country nationals, is mandatory. UK nationals apply in person at the competent police authorities handling foreigners’ issues of the place of their residence, while family members of UK nationals, who are non-EU or non-UK nationals, apply at the competent Foreigners and Migration authorities of the decentralized Administration of their place of residence. The residence documents that have been issued under the EU Free Movement Directive can be used as proof of the previous status of UK nationals and their family members when they prove their residence status under the WA.

Communication and outreach

The competent Greek authorities provide simplified information in Greek and English on procedures and supporting documents on their websites and social media. Short videos were widely disseminated on TV, social media and websites of national authorities from May 2021 until the end of 2021 to inform UK nationals about their rights under the WA and the procedures. This is further corroborated by a close co-operation with the British Embassy in Athens. Furthermore, online outreach events with UK groups living in Greece have already taken place, organised by the competent Greek authorities in co-operation with the British Embassy and if need be, additional online outreach events will be scheduled in the future. The Ministry of Migration and Asylum has also informed non-EU and non-UK family members of UK nationals about the need to apply for a new residence document and have invited them to request an appointment.

Assistance

The Greek authorities adopted national guidelines for the implementation of the WA to ensure uniform and correct implementation of the rules. The guidelines are addressed both to national authorities and the general public. Vulnerable UK nationals who cannot visit the competent authorities in person will be visited by police officers to assist with the application and collection of biometric data. Furthermore, their family members or lawyers can apply on their behalf. UK nationals seeking assistance can contact either the local police authority or the headquarters of the Hellenic Police (Aliens Division) via e-mail ad_omg.bu1@astynomia.gr or by phone ((+30) 21 31 52 01 32 or 21 31 52 04 27) for assistance or advice. For assistance on family members who are third-country nationals, persons concerned can contact the Migration Policy Division via email info_brexit@migration.gov.gr or by phone ((+30) 21 32 12 89 10). The Ministry of Foreign Affairs also operates its helpline ((+30) 21 03 68 41 41). In addition, UK nationals receive personal, customized replies to their questions according to their specific circumstances, from the competent authorities (questions are disseminated to the relevant competent ministries) though the online contact form (in Greek and English) of the Greek BREXIT website.

Spain

Residence

The new residence scheme opened on 6 July 2020. The procedure for obtaining the new residence document under the WA depends on the situation in which UK nationals and their family members find themselves.

• those holding a residence document issued under the EU Free Movement Directive will need to visit the police station to have their residence document replaced by a residence document issued under the WA (with the sole exception of family members with a temporary residence card who apply for a permanent one, for which a two-step procedure has been established)

• beneficiaries of the WA without an existing residence document and family members with a temporary card who apply for a permanent one will have to undergo a two-step procedure. First, they will have to visit the Immigration Office that will evaluate compliance with the requirements as established in the WA. If the conditions are met, they will have to request the residence document from the police station

The residence document will indicate whether the residence is permanent or temporary. There is no deadline for the exchange of current residence documents for those in new format. UK nationals and non-UK family members can use current residence documents. In case of travel, possession of the new residence document will facilitate border crossing as it will be the proof of the status of the beneficiaries of the WA.

Communication and outreach

Spain, since the first quarter of 2020, has implemented a robust communication campaign, pushed forward by its authorities in traditional and also in social media. The Office of the Prime Minister is leading a communication strategy based on reaching out to the largest possible amount of people throughout the websites of the different ministries and also via social media platforms. The goal of this campaign is to inform citizens, not only about residence rights, but also about other related issues, such as traveling or voting rights, tourism, study programmes, etc. Furthermore, Spanish authorities have also published a document (in the form of a guidebook in Spanish and also translated to English) that answers questions related to residence procedures. In addition to this, Spanish authorities have worked - and continue working closely - with the British Embassy in Madrid. Thanks to this cooperation, the Spanish authorities have produced a number of joint videos and have also shared various joint messages in order to improve confidence and to provide security to UK nationals and their family members living in Spain. The Spanish authorities also have shared information via the “tripartite labour commission of immigration” with trade unions and business organisations.

Assistance

All measures the Spanish administration offer to vulnerable citizens are also available for UK nationals. To facilitate the application process for vulnerable persons who may be unable to lodge their applications in person, the Spanish authorities accept applications submitted by legal representative. Furthermore, enquiries and questions can be solved by phone (“060” phone number). This line, inter alia, provides information and prepares UK nationals for the new application process. In addition to this, questions can be posted in Twitter accounts of competent national authorities.

Croatia

Residence

As of 1 January 2021, Croatia is applying a declaratory residence scheme for UK nationals and their family members, who are WA beneficiaries. Legislative changes were made to implement the WA. Act on the amendments to the Act on Nationals of Member States of the European Economic Area was adopted by the Croatian Parliament on 15 December 2020 and it entered into force on 1 January 2021. Amendments to the Ordinance on EEA nationals and their family members (Official Gazette, No 143/20) came into force on 1 January 2021.

The declaratory scheme is accompanied with a registration requirement for all the beneficiaries of the WA. Registration can be done at the competent police administrations or police stations according to the location of stay that, starting from 1 January 2021, issue residence documents confirming that status. New residence documents are issued in the format provided for by the relevant Commission Implementing Decision and include a statement that they have been issued in accordance with the WA.

Communication and outreach

Detailed information regarding residence rights, but also driving licences and border checks is provided on the websites of the Ministry of Interior, including direct phone numbers and e-mails of police administrations/police stations, as well as MOI phone number and e-mail for UK nationals (https://mup.gov.hr/vijesti/information-concerning-the-future-relations-between-the-united-kingdom-and-the-european-union/283273). National authorities work closely together with the British Embassy in Zagreb.

Assistance

Vulnerable UK nationals will be assisted by local immigration staff (in police administrations or police stations) either by phone or email (available on the Ministry of Interior’s website dedicated to Brexit) in order to correctly submit their applications. Vulnerable UK nationals who cannot visit the competent authorities in person due to medical reasons are able to submit their applications via third parties (such as lawyers, family members of the same household or officials of homes for elderly) or by post. As with collection of biometric data, and when needed, home visits can be arranged upon appointment. They can also seek assistance from the Ministry of Interior by phone (+385 1 37 88 563) or contact website.

Italy

Residence

The new residence scheme opened on 1 February 2020. UK nationals and their family members should have informed their municipality of residence (comune) of their presence before the end of the transition period and followed the existing rules for EU citizens in Italy (the EU Free Movement Directive, as transposed in Italy by the Legislative Decree n. 30 of 6 February 2007). Pending the implementation of the relevant Commission Implementing Decision, they have received a certificate of inscription in the population register of the municipality (attestazione anagrafica). Starting from 1 January 2021, UK nationals and their family members, who are registered in the Italian population register at 31 December 2020, can apply for the issue of the new residence document at the competent police office of the province of residence by submitting a certificate of personal registration, issued by the municipality of residence, which proves registration by 31 December 2020 or, alternatively, self-certification of being registered in the population register by 31 December 2020 and that registration has not been subsequently cancelled. Issuing of the new document has been proceeding swiftly for several months thanks also to a specific detailed guidance (administrative circular) for the provincial police offices (Questura) in charge of the issuing of the new document.

UK nationals who are not yet registered in the registry by 31 December 2020, but who can prove, with suitable documentation, their legal stay in the Italian territory on or before 31 December 2020 (e.g. employment contract, certificate of enrolment in a course of study) may in any case apply for the electronic residence document at the Police Headquarters of the province of residence.

Communication and outreach

The competent Italian authorities provide updated information on their websites and work closely with the British Embassy in Rome to raise awareness of UK nationals, their family members and other stakeholders on all the initiatives taken and measures adopted. Furthermore, the Italian Ministry of Interior has prepared a vademecum, in Italian and in English, addressed both to competent public offices and UK nationals and their family members, which provides simplified and targeted information about Brexit, its consequences on citizens’ rights and the procedures needed for the issue of residence documents.

Assistance

The Italian Ministry of Interior has adopted administrative circulars for the implementation of the WA addressed to local authorities to ensure uniform and correct implementation of the procedures related to the issue of the certificate of inscription in the population register of the competent municipality of the UK nationals residing in Italy and their family members. Since 1 January 2021, the competent police offices have facilitated, for UK nationals and their family members, the setting of appointments to issue the new residence document. The Ministry of Interior has also agreed with the British Embassy an operating procedure aimed at facilitating the issue of the new residence document in favour of beneficiaries of the WA with proven characteristics of vulnerability and illness that prevent them from physically going to the Police Headquarters of competence.

Cyprus

Residence

Following the amendment of the National law of Free Movement N.193(I)/2020, for implementing the WA under Article 18(4) and Directive 2004/38/EC, the new residence scheme for UK nationals and their family members operates as of 1 January 2021. Cyprus is not requiring eligible UK nationals and their UK family members to replace their residence documents issued under the EU Free Movement Directive, where those documents can be used as means of proof of their right to stay in the Republic of Cyprus, although for the family members who are third country nationals and their residence permit has an expiration date, the requirement is mandatory before their residence permit expires. Beneficiaries of the WA have the right to apply for the new type of residence document based on Article 18(4) as of 1 January 2021 with no deadline. UK nationals and their family members can submit their application at the Local Immigration Offices and at the Civil Registry and Migration Department by booking an appointment. Those who hold a valid residence permit issued under the EU Free Movement Directive will only need to submit a valid passport as proof of identity in their new application for the beneficiaries of the WA. UK nationals and their family members who have not obtained a residence document under EU law before the end of the transition period, they are entitled to apply for the new residence document under the WA and will have to submit documentary evidence of their residence in Cyprus prior to the end of the transition period. The new document is issued under the uniform format with a reference that is issued under Article 18(4).

Communication and outreach

The Cypriot authorities carried out an information campaign on residence rights and residence documents from mid December 2020 to end of February 2021. The campaign raised awareness about the impact of Brexit on UK residents and guided them toward dedicated website https://brexit.com.cy/en/. The campaign used local English media and newspapers, both in print and on-line, and utilised social media and targeted advertisements.

Assistance

UK nationals needing assistance with applications can contact Brexit@crmd.moi.gov.cy or ehadjigeorgiou@crmd.moi.gov.cy. They can also find more about online applications at eas.crmd.moi.gov.cy that will be operational soon and can be contacted for assistance by phone at 00357-22 30 86 55 at the Civil Registry and Migration Department.

To supplement the assistance provided by the British government have provided funding to organisations that help vulnerable UK nationals complete their applications and apply on their behalf, although the biometrics are captured at the local Immigration offices. Since November 2020 until the beginning of June 2021, the UK Nationals Support Fund organisations in Cyprus submitted around 200 applications on behalf of vulnerable UK nationals, approaching almost all of the vulnerable cases and requests. Those applications proceeded in a fast-track procedure, established by the Cypriot authorities. Most of the applications submitted were examined and a residence document were issued before the end of the transition period. The Cypriot local immigration offices and the Civil Registry and Migration Department, located at each town can be reached quickly and easily by booking an appointment online at https://crmd.simplybook.pro/.

The British government-funded organisations can be contacted by phone (CRPG at 00357- 99 74 95 31 and SSAFA at 00357-99 55 69 16) or email ops@cyprus-crpg.org and tina.graham@cyprus.ssafa.org.uk.

Lithuania

Residence

The new residence scheme opened as expected on 1 January 2021. The new residence status is granted automatically by law. There is no deadline for exchange of current documents issued under the EU Free Movement Directive and UK nationals can reside and use current residence documents up to the end of the date of validity. In the case of travel abroad, they need to exchange their documents for the new residence document. Family members (non-EU or UK nationals) of UK nationals were required to apply for a new document in three months after 1 January 2021 (before 1 April 2021).

Communication and outreach

Letters to UK nationals, residing in Lithuania, with information on what steps they should take to obtain a new form of document were sent in December 2020. The Lithuanian authorities intend to continue publishing relevant information on the dedicated section of the Migration Department and MoI websites, institutional Facebook accounts and informing the British Embassy in Vilnius.

Assistance

Vulnerable UK nationals, unable to visit the Migration Department, can order a mobile visiting service by phone. UK nationals can book a consultation with the Migration Department and ask for information by phone (8 70 76 70 00, or +370 52 71 71 12 when calling from abroad) or by email to info@migracija.gov.lt.

Poland

Residence

The new residence scheme implementing Article 18(4) opened on 1 January 2021. There is no obligation for UK nationals and their family members to obtain a new residence status and residence document as a condition for legal residence in Poland under the WA. Persons qualifying for residence rights under the WA are receiving, upon application, a residence document of the same kind as those issued under the EU Free Movement Directive with a statement that these documents had been issued in accordance with the WA. A certificate of application is being issued. The residence documents are being issued in a new uniform format and do not bear a reference to EU citizen or the EU Free Movement Directive. Residence documents granted before the end of transition period remain valid until 31 December 2021 at the latest.

Communication and outreach

An information campaign on residence rights is running since February 2019. The competent Polish authorities provide updated information on their websites and social media accounts and disseminate it further via local government websites and direct services. The Polish authorities also organised a series of outreach meetings with UK nationals to inform their about changes and their rights. Currently, information activities (via websites and social media) focus on reminding about the possibility of exchanging residence documents for documents issued under WA on application submitted until the end of 2021.

Assistance

The Polish authorities dealing with the issuance of residence documents assist UK nationals with special needs who may also be exempted from the requirement to apply in person. The Polish authorities established a dedicated Brexit questions mailbox (https://www.brexit.gov.pl/przedsiebiorca/zapytaj-eksperta) where one can ask any Brexit related questions. Informational activities are carried out by local administrative authorities in different forms: by phone, email, online, direct services, informational points, informational meetings, also with support of Asylum, Migration and Integration Fund (in Krakow and Wrocław).

To supplement the assistance provided by the Polish authorities, the British government has provided grant funding to the International Organisation for Migration, who also provided support with the application process (contact by phone 224 90 20 44 or email at UKnationalsPL@iom.int) until the end of November 2021.

Portugal

Residence

UK nationals residing in Portugal must apply for the new residence document through an online platform (Brexit Portal) which started operating on 3 December 2020. Once the registration on the Brexit Portal is completed, the applicant receives a digital document in the form of a QR code that can be downloaded and printed. SEF (Serviço de Estrangeiros e Fronteiras) will then set an appointment for the UK national to provide his/her biometric data for the issuance of the new residency card. In order to register on the Brexit Portal, UK nationals residing in Portugal must be in possession of a registration certificate which could be obtained at the local town hall until 31 December 2020. UK nationals who do not have such registration certificate must send all the documentation that proves they are beneficiaries of the WA to brexit@sef.pt in order to receive an appointment with SEF. The individual analysis of those applications is ongoing; the notification of the approved applications started in the week of 13 September 2021. The process of exchanging and issuing cards to the beneficiaries of the WA will start soon.

Communication and outreach

Since 19 October 2020, campaigns have been developed in partnership with the British Embassy in Lisbon in order to provide information to UK nationals about the procedures they have to comply with. This has included uploading information on the relevant websites and social media, as well as the production of flyers and of a short video, which has benefited from media coverage. Additional information campaigns are envisaged as the next stages of the issuance of the new cards unfold.

Assistance

UK nationals seeking assistance or information can contact Brexit line by calling +351 217 115 054 or by sending an email to brexit@sef.pt. More information is available on the Brexit Portal https://brexit.sef.pt/.

Slovakia

Residence

The new residence scheme opened on 1 February 2020. As of 1 January 2021, the current residence status of UK nationals and their family members under the EU Free Movement Directive was transformed ex lege into corresponding permanent or non-permanent residence status depending on the length of their previous stay in Slovakia and they had until 30 June 2021 to apply to have their old residence document exchanged for a new one.

Communication and outreach

A leaflet with information on deadlines and obligations was sent in December 2020 to all UK nationals who have been registered in Slovakia. The Slovak authorities work closely together with the British Embassy in Bratislava. The Slovak authorities have published all the necessary information on their websites on the applicable rules and steps UK nationals should take to prepare for the change. The Slovak authorities use social media and targeted advertisement to reach UK nationals. They also rely on articles and promotional articles in media and poster campaigns. This information and awareness raising measure is complemented by a campaign of the International Organisation for Migration (IOM) that is funded by the British government. This campaign should raise awareness about website www.uknationals.iom.sk. IOM Slovakia delivered three online information and Q&A sessions, one of which was in collaboration with an employer targeting their UK national employee’s and participated in one virtual outreach organised by the Embassy. The IOM team also organised information campaigns on social media, published posters, leaflets and postcards and provided support to applications (legal advice/support provided via email, phone or face-to-face. IOM Slovakia also accompanied vulnerable clients at the Foreign Police department when submitting their application, language support).

Assistance

Vulnerable UK nationals are approached by the Slovak authorities on an individual basis, depending on the form of vulnerability and type of help or support needed. In addition to personal support to vulnerable persons (people living with disabilities, chronically ill, persons with language, literacy or technological barriers) and counselling by the IOM, UK nationals can also contact the Ministry of Interior at uhcp@minv.sk.

Host State	Start date of applications	Links to national websites
European Union		European Commission website
Bulgaria	1 February 2020	Bulgaria national website and another Bulgaria link
Czechia	1 February 2020	Czechia national website and another Czechia link
Germany[footnote 4]	1 January 2021	Germany national website
Estonia	1 December 2020	Estonia national website
Ireland[footnote 5]	1 January 2021	Ireland national website and another Ireland link
Greece	1 January 2021	Greece national website
Spain	6 July 2020	Spain national website and another Spain link
Croatia	1 January 2021	Croatia national website
Italy	1 February 2020	Italy national website
Cyprus	1 January 2021	Cyprus national website and another link
Lithuania	1 January 2021	Lithuania national website
Poland	1 January 2021	Poland national website
Portugal	3 December 2020	Portugal national website
Slovakia	1 February 2020	Slovakia national website

Annex A – Statistical information for host States with a constitutive system

Data referred to in this report can be found in the tables below. Data table notes:

1. Figures in these tables have been reported by EU Member States and the UK and are provisional, subject to change and dated according to each national system.

2. Figures are rounded to the nearest 100, therefore table breakdowns may not match overall totals, unless where the figure is lower than 500. Data indicates how many citizens have received non-permanent residence (Article 13) and how many have received permanent residence (Article 15).

3. For the UK, the ‘Total’ includes data since testing of the EU Settlement Scheme began.

4. Refused (outside the personal scope or negative criminality check), withdrawn or void (e.g. applications from an individual who cannot be granted status, or applications withdrawn at the applicant’s request), or incomplete (where the required proof of identity and nationality or other mandatory information was not included).

5. In the UK, EEA EFTA (Iceland, Liechtenstein, Norway) nationals, Swiss nationals and their family members are also able to apply to the EU Settlement Scheme. The statistics in this report include these application in the totals provided. Further breakdowns by nationality are available on gov.uk.

Table 1: applications for a new residence status in constitutive systems – overview

	Total	Report date
European Union		10 January 2022
Estimated number of UK nationals and their family members that need to apply	289 900
Applications received	286 200
Applications concluded	274 300
United Kingdom		13 January 2022
Estimated number of EU citizens and their family members that need to apply	3 500 000 – 4 100 000[footnote 6]
Applications received	6 385 500
Applications concluded	6 057 400

Table 2: applications for a new residence status in constitutive systems – by host State

^{[footnote 7]}

Host State	Estimated number of residents	Total received	Total concluded	Report date
European Union	289 900	286 200	274 300	10 January 2022
Austria	11 500	9 500	8 400	31 December 2021
Belgium	18 600	9 900	9 600	6 January 2022
Denmark	19 000	18 100	13 500	31 December 2021
Finland	5 000	4 600	3 600	31 December 2021
France	148 300	165 400	164 900	7 January 2022
Hungary	5 500	2 400	1 800	31 December 2021
Latvia	1 200	900	900	31 December 2021
Luxembourg	5 300	4 500	4 000	31 December 2021
Malta	13 600	10 700	10 600	31 December 2021
The Netherlands	45 000	45 200	45 000	31 December 2021
Romania	3 000	1 700	1 600	31 December 2021
Slovenia	900	600	489	10 January 2022
Sweden	13 000	12 700	9 900	10 January 2022
United Kingdom	3 500 000 – 4 100 000	6 385 500	6 057 400	13 January 2022

Table 3: outcomes for a new residence status in constitutive systems – by host State

Host State	Permanent residence (Article 15)	Non-permanent residence (Article 13)	Refused	Withdrawn or void	Incomplete	Report date
European Union	155 200	103 200	5 400	10 300	1 400	10 January 2022
Austria	5 100	3 300	no data available	no data available	no data available	31 December 2021
Belgium	4 800	4 800	131	no data available	no data available	6 January 2022
Denmark	10 000	3 100	248	76	*[footnote 8]	31 December 2021
Finland	2 000	1 500	17	51	-	31 December 2021
France	105 600	46 700	3 500[footnote 9]	9 100	361	7 January 2022
Hungary	1 800	0	5	65	600	31 December 2021
Latvia	193	700	11	0	0	31 December 2021
Luxembourg	2 000	2 000	19	0	0	31 December 2021
Malta	700	9 800	40	0	128	31 December 2021
The Netherlands	21 500	22 600	310	500	no data available	31 December 2021
Romania	222	1 400	1	0	0	31 December 2021
Slovenia	216	254	4	15	150	10 January 2022
Sweden	1 100	7 000	1 100	500	149[footnote 10]	10 January 2022
United Kingdom	3 126 600	2 507 400	205 400	112 200	105 400	13 January 2022

Annex B – Statistical information for host States with a declaratory system

Data referred to in this report can be found in the tables below. Data table notes:

1. Figures in these tables have been reported by EU Member States and are provisional, subject to change and dated according to each national system.

2. Figures are rounded to the nearest 100, therefore table breakdowns may not match overall totals, unless where the figure is lower than 500.

3. Refused: outside the personal scope or negative criminality check; Withdrawn: applications withdrawn at the applicant’s request; Incomplete: the required proof of identity and nationality or other mandatory information was not submitted by the applicant.

Table 1: applications for a new residence document in declaratory systems – overview

	Total	Report date
European Union		24 January 2022
Estimated number of UK nationals and their family members that may apply	804 400
Applications received	275 100
Applications concluded	268 200

Table 2: applications for a new residence document in declaratory systems – by host State

^{[footnote 11]}

Host State	Estimated number of residents	Total received	Total concluded	Report date
European Union	804 400	275 100	268 200	24 January 2022
Bulgaria	12 500	11 900	11 900	31 December 2021
Czechia	7 900	2 400	1 800	31 December 2021
Germany	85 100[footnote 12]	no data available	35 500[footnote 13]	30 November 2021
Estonia	1 500	470[footnote 14]	464[footnote 15]	1 January 2022
Ireland	115 000	no data available	2 000[footnote 16]	20 January 2022
Greece	34 000	16 900	16 900	1 December 2021
Spain	430 000	187 200	180 000	31 December 2021 \
Croatia	1 100	800	800	31 December 2021
Italy	33 800	12 900	11 600	24 November 2021
Cyprus	38 500	2 900	2 400	24 January 2022
Lithuania	800	214	214	31 December 2021
Poland	6 500	4 200	3 400	31 December 2021
Portugal	34 500	34 000	no data available	31 December 2021
Slovakia	3 200	1 200	1 200	25 November 2021

Table 3: outcomes for a new residence document in declaratory systems – by host State

Host State	Permanent residence (Article 15)	Non-permanent residence (Article 13)	Refused	Withdrawn or void	Incomplete	Report date
European Union	116 900	121 800	3 700	230	4 600	24 January 2022
Bulgaria	2 500	9 300	2	3	2	31 December 2021
Czechia	500	1 300	22	97	6	31 December 2021
Germany	no data available	no data available	no data available	no data available	no data available	30 November 2021
Estonia	167	303	0	0	3	1 January 2022
Ireland	363	800	117	56	0	31 December 2021
Greece	10 600	6 300	7	7	70	1 December 2021
Spain	94 100	93 100	3 400	no data available	4 500	31 December 2021
Croatia	213	600	0	3	0	31 December 2021
Italy	5 800	5 800	2	no data available	no data available	24 November 2021
Cyprus	1 100	1 200	5	0	0	24 January 2022
Lithuania	81	132	1	1	0	31 December 2021
Poland	1 000	2 300	107	63	*	31 December 2021
Portugal	no data available	no data available	no data available	no data available	no data available	31 December 2021
Slovakia	489	700	0	0	0	25 November 2021

1. References to Articles are to be considered as reference to Articles of the Withdrawal Agreement, unless specified otherwise. ↩

2. Between 01-09 January 2022, 6 applications were submitted at the territorial units of the General Inspectorate for Immigration. ↩

3. However, people who were not able to submit their application for a residence permit within the time limits could still apply until 4 October 2021, the national website dedicated to the residence permit applications having remained open until that date. ↩

4. Some local authorities already accepted residence applications before 1 January 2021. ↩

5. Common Travel Area will apply. See Ireland section for further information. ↩

6. Published estimates for EU citizens resident in the UK and their family members were 3.5m to 4.1m. This is from the March 2019 Impact assessment https://www.legislation.gov.uk/ukia/2019/74/pdfs/ukia_20190074_en.pdf. The following caveats from the Office for National Statistics should also be noted on the use of the Annual Population Survey, from which these estimates are derived. ↩

7. Estimated number of residents: Including third-country national family members. ↩

8. Incomplete outcomes included in Withdrawn or void. ↩

9. These figures do not systematically reflect the number of applications refused and include in particular duplicates (cases where the same application was submitted more than once). ↩

10. Included in the total number of refusals. ↩

11. Including third-country national family members. ↩

12. UK nationals only. ↩

13. Updated numbers from the implementing authorities in the federal states (Länder) are expected by the end of the year 2021. ↩

14. UK nationals only. ↩

15. UK nationals only. ↩

16. Including third-country national family members. ↩