Right of Residence in the EU

Freedom of Movement.

Individual’s freedom of movement within the EU is frequently misunderstood; there is no universal, no-questions-asked, freedom of movement under the EU treaties for stays of longer than 3 months.

There is an important but limited freedom of movement:

Free Movement – EU nationals

Free movement of workers is a fundamental principle backed up by the Treaty on the Functioning of the European Union, secondary legislation and case-law. EU citizens can:

  • look for a job in another EU country
  • work there without needing a work permit
  • live there for that purpose
  • stay there even after employment has finished
  • enjoy equal treatment with nationals in access to employment and all other social and tax advantages

Free movement of workers broadly applies to the countries in the European Economic Area (which includes the EU countries) and Switzerland.

Who has this freedom?

  • EU nationals who move to another EU country to look for a job, with certain restrictions
  • EU nationals working in another EU country
  • EU nationals returning to their country of origin after having worked abroad.
  • Their family members.

Rights differ for people who are planning on being self-employed, a student, retired or otherwise not working, where there is a need to show that they are self-sufficient and have adequate health insurance. There are limitations based on public security, policy and health grounds. Employment in the public sector may also be subject to national restrictions.

There are further regulations which give the right to permanent residence after 5 years and the right for non-EU family members (including grand-children and grand-parents) to join EU citizens.

As an EU citizen you can’t be required to apply for a residence document in the first 3 months of your stay, although some countries may require that you report you presence on arrival.

At the end of 3 months you may be required to register as a resident and obtain a residence document. How to apply for a residence document (opens in a new tab).

As an EU citizen you automatically acquire the right to live permanently in another EU country once you have lived there legally for 5 years. Applying for a permanent residence document (opens in a new tab).

In some countries you won’t be required to obtain a residence document at all. In France they are so infrequently asked for that applying for one at the Prefecture may well be met with being told that they don’t exist and are no longer necessary.

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Facebook group – UK Citizens in the EU – The impact of a Brexit

To encourage discussion of the issues that will face expats, property owners and others who live, work, or own property in the EU, if the UK leaves the EU, there is a Facebook group UK Citizens in the EU – The impact of a Brexit

The debate about whether the UK should stay in the EU or not is covered elsewhere, the group is primarily about understanding and dealing with the consequences in the event of a UK exit from the EU – a Brexit.

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Update about Facebook groups

Sadly one of the Facebook groups we have been suppporting has decided to close down as a discussion group. They are continuing with a forum (euexpats.eu) for expats.

So as to keep the discussion going on Facebook we have set up a new Facebook group UK Citizens in the EU – The impact of a Brexit

The group is focused on the potential impact of a Brexit on UK citizens who live, work, own property in the rest of the EU.

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Individual freedom of movement in the EU vs the rest of the world

The question

A question often asked is how do UK citizens do better in the EU as expats than UK expats elsewhere in the world.

An answer

UK citizens enjoy a considerable number of individual rights within the EU. The primary one being the right to work anywhere within the EU without the need for a work permit. Travel within the EU for periods of 3 months or less is open to all and there is a right to live as a non-working person anywhere in the rest of the EU provided you can support yourself and provide health cover.

There is a right of permanent residency (not naturalisation) in an EU country after 5 years. There are other regulations concerning aspects of being an EU citizen which facilitate moving around within the EU.

These rights don’t exist or exist to a much more limited extent if you are moving to most other countries in the world.

If a Brexit were to happen then these rights would probably be limited/reduced in some way or another, particularly if the UK imposed immigration restrictions on people from some or all EU countries.

Post-Brexit the situation will be different for those who have already taken advantage of the freedoms/rights by living/working elsewhere in the EU and those who have not done so.

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Brexit – Why it isn’t just about trying to influence opinion in the UK.

UK citizens living, working and owning property abroad are concerned about the consequences of a Brexit.

Almost all the effort seems is going into increasing awareness and influencing opinion in the UK. There seems to be no effort going into increasing awareness or trying to influence opinion in the countries where UK citizens live, work or are property owners.

Apart from the obvious effects of a Brexit on the UK citizens, there are serious financial and social consequences for the communities where they live and own property, particularly in rural areas.

Any exit deal relies on both the EU and the UK wanting to protect the rights of EU citizens who have taken advantage of the freedom of movement that now exists between the UK and the rest of the EU.

Any challenge to inadequate protection of the rights and expectations of the EU citizens affected will not just be against the UK government but against the EU and the governments of those countries where UK citizens, live, work and own property.

We have to raise awareness of the impact of a Brexit in our adopted communities in the EU. The comparatively narrow focus on raising awareness in the UK is simply not adequate.

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Employment rights for UK citizens in the EU post-Brexit

Will UK citizens be able to work in the EU post Brexit?

On oft asked question. The answer may well depend on whether you already work in the rest of the EU (and how long for) or whether you have never worked in the rest of the EU.

For those of us who have already exercised that right the ability to continue to work in the EU will depend on a number of things.

  • How long you’ve lived in the EU and whether you have exercised your right of permanent residence
  • The concept of reasonable expectation and acquired (vested) rights
  • The negotiations between the UK and the EU
  • The European Court of Justice’s oversight of the agreement between the UK & the EU

The precedents both with regard to previous exits from the EU, international treaty law and EU law will have a large part to play.

Some assume that the UK & the EU will have little interest in or give little priority to protecting individual rights. Failure to protect the rights of individuals in the exit negotiations will result in a legal challenge in the ECJ by a sizeable body of people.

Also there are more than enough people involved to make direct representations to the European Parliament.

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Happy Christmas & a Prosperous New Year

Just so we don’t get too serious about this Brexit stuff.

I hope that, whatever your denomination, country, persuasion, you have a Happy Christmas and that the New Year brings you those things that you wish for.

Grahame.

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Repatriation, visa requirements and exchange controls following a Brexit – would they happen?

There is a great deal of discussion about a possible Brexit, mainly among the groups that are arguing for or against the UK leaving the EU.

There is very little discussion of the effects of a Brexit on those people who live, work or own property in the EU outside of the UK.

On the rare occasions the effects are mentioned they are often talked about in dramatic terms:

  • UK citizens being forced to return to the UK and even families being split up;
  • EU countries imposing visa requirements on UK citizens even to visit EU countries let alone to live in an EU country;
  • Exchange controls on the amount of money that can be taken to/from the EU.

These points are even put forward as realistic possibilities by publications aimed at ex-pats.

It is true that any of these things are theoretical possibilities, but examining them more closely, how likely are they?

History and current situation.

1. Repatriation of UK citizens.

UK citizens have lived in western European countries for decades, centuries even. They have lived, worked and retired there with few restrictions. The requirements for permanent residency are very similar for most of the countries, ability to support oneself, adequate health cover and registration. There are very few countries that impose quotas on the number of foreign residents, requirements to have very high levels of capital, or restrictions on property ownership.

For naturalisation, the same requirements apply, plus being able to prove that you have integrated into the society/culture of your “adopted” country. This usually requires an assessment or test of language proficency (in some cases dispensed with for older immigrants) and being able to show knowledge of the history and democratic traditions of the country.

2. Visa requirements for visiting/residing in EU countries

Most people accept that it is unlikely that visas would be required to visit/live in the EU countries, unless the UK decided to impose visa requirements on EU citizens wanting to visit/live in the UK. When were visas last required by UK citizens to visit democratic, western European nations? Or even post Warsaw Pact, eastern European nations?

With a few notable exceptions in eastern Europe, they are not currently required and haven’t been for a very long while.

One of the complexities is what happens if the UK decides to impose immigration restrictions (including visas) on a sub-set of the EU countries. This is in fact a likely outcome of the current rhetoric coming from the UK, as it seems that immigration is now one of the main motivating factors for a Brexit. If the UK were to impose selective immigration restrictions on EU citizens, it’s possible that any response to those restrictions wouldn’t be country-by-country, but from the EU as a whole.

3. Exchange controls

The UK scrapped its exchange control measures in 1979. They had first been introduced in 1939. Pre-WWII exchange controls were, almost exclusively, the tools of totalitarian states such as the USSR & Germany, largely to stop the flight of currency overseas (something they are still used for in some countries, even these days).

At that time sterling was underpinning the monetary systems of dozens of countries, mainly in the Commonwealth. The exchange controls were to protect the value of the pound across the Sterling Area.

The exchange controls didn’t just regulate the amount of money you could take on holiday with you, they also controlled the exchange rate and the use of sterling for investment outside the Sterling Area.

These days, exchange controls are only envisaged by the IMF as being transitional arrangements for developing economies.

Exchange controls, or their absence, are quite independent of EU membership. The UK doesn’t have any in place now, why should there be any following a Brexit.

Freedom of Movement.

Points 1. and 2. above are usually put forward to prove the loss of freedom of movement within the EU following a Brexit.

This freedom of movement within the EU is often misunderstood and in some senses is illusory.

There is no universal, no-questions-asked, freedom of movement under the EU treaties for stays of longer than 3 months.

There is an important but limited freedom of movement:

Free Movement – EU nationals

Free movement of workers is a fundamental principle backed up by the Treaty on the Functioning of the European Union, secondary legislation and case-law. EU citizens can:

  • look for a job in another EU country
  • work there without needing a work permit
  • live there for that purpose
  • stay there even after employment has finished
  • enjoy equal treatment with nationals in access to employment and all other social and tax advantages

Free movement of workers broadly applies to the countries in the European Economic Area.

People in some occupations may also be able to have their professional qualifications recognised in other EU countries.

EU social security rules protect the rights of people moving within the EU, EEA and Switzerland.

Who has this freedom?

  • EU nationals who move to another EU country to look for a job, with certain restrictions
  • EU nationals working in another EU country
  • EU nationals returning to their country of origin after having worked abroad.
  • Their family members.

Rights differ for people who are planning on being self-employed, a student, retired or otherwise not working, where there is a need to show that they are self-sufficient and have adequate health insurance. There are limitations based on public security, policy and health grounds. Employment in the public sector may also be subject to national restrictions.

There are further regulations which give the right to permanent residence after 5 years and the right for non-EU family members (including grand-children and grand-parents) to join EU residents.

In practical terms, anybody who has lived in an EU country for 5 years or more can ask for a certificate of permanent residence.

Legitimate expectation and acquired (vested) rights

There is also the concept of legitimate expectation and acquired (vested) rights – in simplified terms, these are rights given under the various treaties, but once a person/organisation has taken advantage of the right(s) they cannot be removed, even if the entitlement or the conditions for acceding to the right(s) have changed.

Ultimately any challenge by UK citizens based on inadequate protection of their rights after a Brexit will probably have to be directed at the EU and their country of residence, as well as, perhaps even instead of, their country of citizenship.

Future posts will develop these points.

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Disenfranchisement

Geoffrey Clinton-Brown introduced a private members bill to abolish the 15 year limit Overseas Voting on 3rd December 2014.

The second reading of the bill will be on 6th March 2015 although to be succesful it will need cross-party support. Similar amendments to the  Electoral Registration and Administration Act tabled earlier in the year were defeated in both Houses.

Hansard – 20141203

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Naturalisation

Naturalisation

The requirements and procedures for naturalisation are broadly similar in all EU countries:

  • a minimum period of residence
  • language competency
  • cultural integration
  • knowledge and appreciation of the country’s history

However there are considerable variations in the minimum period of residency (3-10 years), language competency (informal interview, formal examination, age related dispensations), need to give up other nationalities.

N.B. Giving up your British Citizenship will affect your right of abode in the UK. It can also affect things such as wills & inheritance. Before doing so you must obtain specialist advice on how renouncing British Citizenship will affect you, your family & your circumstances.

Of the countries listed below only France allows dual nationality. Germany allows dual nationality for EU Citizens thus the situation is uncertain post-Brexit.

Here is a general document from the European University Institute which summarises the Naturalisation requirements across Europe – http://eudo-citizenship.eu/docs/policy-brief-naturalisation_revised.pdf

Below are references to specific country requirements.

France

Naturalisation – Requirements & Procedure

Germany

Naturalisation – Requirements & Procedure

Netherlands

Naturalisation – Requirements & Procedures

Spain

Naturalisation – Requirements & Procedure

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