The Draft for the so-called “Brexit Agreement” published on 14.11.2018 evidences that the EU and the United Kingdom wish to safeguard the rights of their citizens who lawfully reside on EU territory (for British citizens) and on British territory (for EU citizens) respectively, before the end of the transition period – currently set at 31.12.2020 – and their family members. A substantial part of the Directive 2004/38/EC of the European Parliament and of the Council will apply to these persons’ residence in their chosen state even after the expiry of the transition period.
EU and UK citizens who reside on the territory of the other contracting party before the end of the transition period and their family members will be able to enter and exit the host state without any visa requirements or any other equivalent papers if they possess a residence permit for the host state. On the other hand, family members of EU and UK citizens who join their relatives after the end of the transition period will receive their visas free of charge and through a fast-track procedure. It is important to note that family members of EU and UK citizens who reside in the host state by virtue of their familial ties will not be able to enjoy the right enshrined in the Agreement if they wish to reside in the host state on their own right.
The Agreement allows for member states and the UK to implement a renewed registration requirement for EU and UK citizens. Whether such requirements are introduced will most likely be contingent on the contracting parties’ subsequent actions and be based on reciprocity.
The provisions of the Agreement which regulate the residence of EU and UK citizens have remained virtually unchanged since the last version of the draft published in March 2018 – which indicates that the provisions are a faithful representation of the contracting parties’ wishes and will likely not be subject to substantial changes by the time the Agreement is officially concluded.
Obretenovi Law Firm’s team is ready to assist you with the challenges Brexit poses. Do not hesitate to reach us at office@codilex.eu.