Brexit Update: Residence Rights of the UK Nationals
In light of the fast approaching deadline for the legal exit of Britain from the European Union, awe outline below key concerns for expatriates in Cyprus as well as what you can do to prepare for Brexit.
Leaving the European Union will affect most UK nationals to varying degrees, but those living in or owning property in Cyprus will have specific concerns about their future.
The Ministry of Interior of the Republic of Cyprus has issued a document underlying they ways that the Republic of Cyprus intents to implement the Withdrawal Agreement (the ‘Agreement’) to safeguard the residence rights of the UK nationals and their respective families who have already exercised their right of free movement or they intend to exercise it before the end of the transitional period as defined in the Agreement.
The transition period initiates immediately after the United Kingdom leaves the European Union from 30 March 2019 to 31 December 2021 (the ‘Transition Period’).
The definition of a family member entails the following: -
a spouse, civil partner and direct descendants who are under the age of 21;
the dependents of a direct relative in the ascending line as well as the children who were born or adopted after the end of the Transition Period by a UK national or his spouse;
the dependents of the spouse or the civil partner of the UK national including family members who are third country nationals.
The Agreement applies to: -
UK nationals who have already reside in the Republic of Cyprus for a period up to five years before the end of the Transition Period and continue to reside in the Republic.
UK nationals who at the end of the Transition Period do not reside in the Republic of Cyprus but had previously reside in the Republic without obtaining the permanent residence right, provided that the UK nationals and their families maintain continuity of residence.
UK nationals and their respective family members who already reside in the Republic but did not yet completed the continuous five-year threshold will be eligible to apply to obtain their permanent residence rights until they satisfy the five-year threshold which will allow them to apply under the Agreement’s regime.
UK nationals who at the end of the Transition Period are not residing in the Republic but had previously resided in Cyprus and had acquired permanent residence right, provided that their absence will not exceed a period exceeding five consecutive years.
family members residing overseas on 31 December 2020 who wish to join a UK national covered by the Agreement after this date, given that the relationship existed at or before that date and it continues to exist when the person resides to the Republic.
The eligible applicants must submit all required documentation with the Civil Registry and Migration Department before the end of the Transition Period on 31 December 2020. The UK nationals who are already holders of the permanent residence right shall follow a more simplified procedure under the Agreement.
The Agreement will become binding upon it is set into force.
Click here for the Agreement
How MPC can help?
Advice on the eligibility status of each applicant;
Advise generally on rights of UK nationals living in the Republic of Cyprus
Assistance and consulting on the entire procedure of applying for the Permanent Residence Right;
Liaise with the Civil Registry and Migration Department and relevant authorities;
Review existing applications.