UK Article 50 Residence Permits varies between EU Member States

January 14, 2022 | xpath.global

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The application process for post-Brexit residence permits or resident registration options (‘Article 50 residence permits’) for UK individuals and their non-EU national family members residing in EU Member States before December 31, 2020 differs significantly between EU Member States.

After January 1, 2021, UK nationals arriving and starting work in an EU Member State require the same work permission as other non-EU nationals.

In most EU member states, application deadlines have past. Only Cyprus, Estonia, Iceland, Ireland, Lithuania, Spain, and Switzerland do not have an application deadline. Eligible applicants are encouraged to apply as soon as possible and/or get immigration advice on leniency policies.

Austria, Belgium, Denmark, Finland, France, Hungary, Latvia, Luxembourg, Malta, Romania, Slovenia, and Sweden have adopted a strict “constitutive” approach, which means late applicants risk losing their status.

Other EU Member States have chosen a “declaratory” approach, which means that if an applicant with rights under the Withdrawal Agreement misses the application date, they may still be given a status, though they may suffer administrative difficulties or fines.

The EU requires that Member States investigate why applicants missed the application deadline on a case-by-case basis. In such case-by-case checks, there is substantial authority discretion, and mercy cannot be assured. All applicants are encouraged to apply as soon as possible, taking into consideration the time it takes to gather documents and schedule appointments.

Source: fragomen.com

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