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BREXIT – Danish Government Publishes Plan for UK Citizens in Event of No-Deal Brexit

The Danish government has published details of a planned temporary transitional scheme extending the rights of British citizens already resident in Denmark on 29 March 2019 in the event of a no-deal Brexit.

Temporary Transitional Scheme for No-Deal Brexit

If the withdrawal agreement between the EU and the UK is not ratified, and Article 50 is not extended or revoked, Denmark will introduce a transitional scheme. Under the scheme, British citizens already resident in Denmark will be able to continue to reside and work on basically the same terms as before. Note that:

  • The envisaged law on a temporary transitional scheme will apply until replaced by a permanent solution (no time scale is given for this);
  • EU registration certificates and residence cards will continue to be valid, but the right of residence is not dependent on these documents;
  • Children born or adopted after 29 March will also be covered;
  • Non-EU family members of British citizens will only be covered if already residing in Denmark before 29 March 2019, and where the family relationship started before 29 March 2019;
  • The EU rules on enhanced protection against removal will not apply to British citizens who e.g., commit crimes;
  • It is expected that British citizens arriving in Denmark after a no-deal Brexit will be treated as third-country nationals. Further details are not yet available;
  • The legislative proposal for a temporary transitional scheme will, if necessary, be put forward in the second half of February 2019 in order for the law to enter into force on 30 March 2019.

If the Withdrawal Agreement is Ratified

In the event that the withdrawal agreement is ratified by the UK and European parliaments, UK nationals’ existing residence rights will continue to apply until the end of the transition period (31 December 2020, unless this is extended).

Actions Items

  • Employers of UK nationals in the European Union are encouraged to contact their immigration specialist for case-specific advice;
  • British citizens and their family members residing in Denmark without an EU registration certificate (for EU citizens) or an EU residence card (for non-EU national family members), or without having applied yet, are encouraged to submit an application for such documentation before 29 March 2019, to make it easier for the Danish authorities to determine their residence status.

This alert was prepared with information provided by Alfa.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.