The British Government has published details of the agreement reached in Brussels this week on the rights for UK nationals and their families living in Portugal and the other EU countries after the UK leaves the Union, wrtites Len Port.
The agreement is just part of phase one in the Brexit negotiations and comes with the caveat that nothing is finally agreed until everything is agreed on an orderly withdrawal.
The latest British Government statement emphasises the following points:
Agreement on rights for UK nationals and their families
- UK nationals, as well as their family members covered by the agreement, who are lawfully residing in a EU27 Member State by 29 March 2019, will be able to continue to reside in that Member State.
- Children born or adopted outside of a UK national’s resident Member State after the 29 March 2019 will also be covered by this agreement.
- Close family members (spouses, civil partners and unmarried partners, dependent children and grandchildren and dependent parents and grandparents) will be able to join UK nationals in their Member State of residence after exit under these rules, where the relationship existed on 29 March 2019 and continues to exist when they wish to move to join their UK national family member.
- EU27 Member States may require UK nationals and their family members covered by the agreement to apply to obtain a status conferring the right of residence and/or obtain a residency document. Administrative procedures for applications for status will be transparent, smooth and streamlined. Where an application is required to obtain status, UK nationals will have at least two years to submit their applications. Residence documents will be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents. Further information on these administrative procedures will be provided when available.
- UK nationals and their family members covered by the agreement will be able to be absent from their Member State of residence for up to 5 years without losing their right to return.
- UK nationals and their family members covered by the agreement will continue to have the same access as they currently do to healthcare, pensions and other benefits.
UK nationals who move to the EU after 29 March 2019
For UK nationals who move to the EU after the UK’s withdrawal on 29 March 2019, the proposed implementation period (announced by the Prime Minister in her Florence speech in September) would mean they can still live, work and study in the EU after the UK has left the EU. How long this period lasts is subject to negotiations, however it is likely to be around 2 years.
Details of the immigration rules for UK nationals who wish to move to the EU after 29 March 2019 and during the implementation period are yet to be agreed. We will publish more details as soon as possible, to give UK nationals and businesses enough time to plan and prepare.
UK nationals living in the European Free Trade Association (EFTA) states
The agreement reached with the European Commission does not cover UK nationals living in the European Free Trade Association states (Norway, Iceland, Lichtenstein and Switzerland). The UK is seeking to secure the same protections for UK nationals living in EFTA states as for UK nationals living in the EU, on a reciprocal basis, through agreements with EFTA states.
Current status of UK nationals in the EU
Until the UK leaves the EU, the UK remains a full member of the EU and all the rights and obligations of EU membership remain in force. This means:
Until the UK leaves the EU, the UK remains a full member of the EU and all the rights and obligations of EU membership remain in force. This means:
Travelling in the EU – passports and healthcare
- UK nationals can continue to travel freely within the EU using a UK passport
- there continue to be no visa requirements for UK nationals entering another EU country
- UK nationals can continue to access healthcare during temporary visits to EU countries using the European Health Insurance Card.
Living and working in the EU – property, pensions and healthcare
- UK nationals retain their legal status as EU citizens and can continue to work and live in EU countries
- UK nationals can continue to receive healthcare in EU countries
- UK nationals can continue to retire and collect their pensions in EU countries.
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Len Port has been a journalist for 50 years, working as a staff reporter, broadcaster and freelance correspondent for many leading news organisations. He covered events in the Far East in the Sixties, and in Northern Ireland and South Africa in the Seventies. Since moving to Portugal in the early Eighties, he has edited regional magazines, contributed to national dailies in Britain and written several books.
