Read news from:
Austria
SHARE
COPY LINK
For members

BRITS IN DENMARK

How to apply for post-Brexit residency permit in Denmark under new deadline 

Britons who live in Denmark can now reapply to have their residence status continued under the Brexit Withdrawal Agreement, if they missed a previous deadline to submit an application.

Published: 4 May 2023 10:51 CEST
How to apply for post-Brexit residency permit in Denmark under new deadline 
Britons who applied late for post-Brexit continued residency in Denmark can now get their cases reopened after the deadline was extended. Photo by cetteup on Unsplash

In March, the government announced that British nationals, who had missed a previous deadline to secure their post-Brexit residency status, will now have until the end of 2023 to apply or resubmit their late application.

The deadline extension has now been implemented and the Danish Agency for International Recruitment and Integration (SIRI) has begun processing applications again.

SIRI confirmed in a statement that the extension of the original deadline to December 31st 2023 has now taken effect.

This means that people who never submitted an application can now apply, or cases not processed because they missed the deadline can be reopened.

The original deadline was December 31st 2021.

The extension of the deadline applies only to people who submitted their applications after the original deadline. People who applied before that date cannot apply again, regardless of whether their application was approved or rejected.

If you applied after December 31st 2021 and were previously informed by SIRI that the agency would not process the application due to its late submission, you must now contact SIRI and request that your case is reopened, the agency states.

This is also the case for those who were told by both SIRI and the Immigration Appeals Board (Udlændingenævnet) that their cases could not be processed because they applied after the deadline.

To contact SIRI, use the contact form on the agency’s website.

People who appealed to the Immigration Appeals Board against SIRI’s decision not to process a late application, and whose appeals are still pending, will be contacted by the Appeals Board, SIRI said.

It should be noted that an unprocessed application is not the same as receiving a rejection after your application was processed by SIRI. Persons whose applications were processed, but were rejected because they did not meet the criteria for ongoing residence under the Withdrawal Agreement, cannot reapply.

If you applied after the original deadline but have not received a decision – in other words, your case has been put on hold and is still pending – the application will now be reopened and processed in accordance with the new deadline. SIRI now considers these applications as having been submitted on time.

Britons who had moved to Denmark before the end of 2020 but never submitted an application to extend their Danish residency after Brexit can now submit an application until the new deadline.

After the UK left the EU, Britons who moved to Denmark before the end of 2020 were required to apply to extend their residence status in Denmark and receive a Danish residence card under the terms of the Brexit Withdrawal Agreement.

A significant number of British residents – at least 350, according to official figures released at the beginning of this year – did not apply before the original deadline of December 31st, 2021.

Many were subsequently given orders to leave Denmark and Danish immigration authorities came in for criticism from rights groups representing Britons in Europe, who accused them of not correctly applying the rules of the Withdrawal Agreement.

A major complication with the original application deadline was an error relating to information letters sent out by SIRI. Individual Britons faced having to leave homes, jobs and loved ones in Denmark over the issue before the government stepped in to extend the deadline.

READ ALSO: ‘I have a Danish partner, friends and a job’: Briton told to leave Denmark over Brexit deadline

People who moved to Denmark after the end of the Brexit transition period on December 31st, 2020 are subject to general Danish immigration rules for third-country nationals.

All British residents of Denmark applying within the new deadline must be eligible for ongoing residence in Denmark under the terms of the Withdrawal Agreement, meaning they legally took up residence in Denmark under the EU’s free movement provisions prior to the UK’s exit from the EU at the end of 2020.

This does not represent any change to the rules under the earlier deadline.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

EUROPEAN UNION

Your key questions answered about the Schengen area’s 90-day rule

The EU/Schengen area's '90-day' rule is a complicated one that causes much confusion for travellers - here we answer some of the most common questions from readers of The Local.

Published: 18 May 2023 11:19 CEST
Your key questions answered about the Schengen area's 90-day rule

The Schengen ’90-day’ rule applies to non-EU/EEA citizens, including Britons, and limits access to the EU’s Schengen zone to 90 days in every 180 day period. Anyone who wants to stay longer than this will need to apply for a national visa of the country they are visiting. 

Not all citizens of non-EU/EEA countries benefit from the visa-free 90 days. Some nationalities must apply for a visa for any visit to an EU country, even just a one-week holiday. But non-EU citizens including the British, Americans, Canadians, Australians and New Zealanders do benefit from it.

The limit of 90 days in every 180 gives you a total of six months per year within the Schengen zone, so for tourists or people who want to visit family or friends its perfectly adequate – the people who tend to have problems with it are second-home owners and those who work on short-term contracts in the EU.

The Schengen area currently includes all EU states apart from Ireland, Bulgaria, Romania and Cyprus although the latter three states intend to join. It also includes the non-EU states Switzerland, Norway, Liechtenstein and Iceland (EFTA). Croatia was allowed to join the Schengen area late last year.

You can find a full explanation of how the rule works HERE, and answers to some of the most commonly-asked questions from readers of The Local below.

Does the limit apply to the whole Schengen area?

This is one aspect that frequently catches people out – the 90-day limit refers to the entire Schengen area. So if, for example, you spend 88 days at your second home in Spain you won’t have enough time allocation left for a long-weekend in Paris.

What counts as a ‘day’?

Any time spent in EU/Schengen territory counts as a single day, technically even a couple of minutes. So if you take the Eurostar from London to Paris and then go straight to the airport for a flight to New York, that counts as one day from your allowance.

Do I have to spend 90 days outside the Schengen?

Exactly how to calculate the 90 days causes problems for many. The 90 days can be taken as either one long visit or multiple short ones, and are calculated as a rolling clock.

You can find a full explanation of how to calculate the allowance HERE – but the short version is that at any time of the year, you need to be able to count back 180 days, and within those 180 days not have spent more than 90 of them in the EU/Schengen area.

You may have heard that once you reach 90 you must leave the EU and cannot return for 90 days.

READ ALSO: How to calculate your Schengen 90-day allowance

This is in fact only the case if you actually reach your 90-day limit. So those that stay for a full 90 days consecutively would then have to leave the Schengen area for 90 days, before they can return.

Most people who make multiple short visits find it best not to go above 85 or so days, meaning that they have a couple of days ‘in hand’ for emergencies. They do not then have to spend 90 days outside the EU to “reset the clock”, but can return once they have enough days within the previous 180 period.

What if there’s a strike and I can’t leave in time?

Transport strikes are not unusual in Europe, especially France, but if your plane, train or ferry is cancelled it could lead to you overstaying your 90 days.

The best advice is to keep a couple of days in hand, just in case.

If you do end up accidentally overstaying, then the ‘force majeur‘ rule applies – essentially, you need to be able to prove that it was impossible for you to leave the country on time, which might be difficult as even during a strike period there is usually some transport running, even if it is complicated and expensive to change your travel plans.

What if I live in the EU?

If you are a non-EU/EEA national and your are resident in an EU country – with a visa or residency permit – then clearly the 90-day rule does not apply to your country of residence.

It does, however, apply once you travel to another EU country. So if you live in France and like to spend long holidays in Spain and Italy, then you need to keep track of your 90 days.

In practice, there is usually little in the way of border controls when you are travelling within the EU so it’s unlikely that your passport will be stamped or even checked. However, technically the rules does apply.

What are the penalties for over staying?

If you have over-stayed your 90 days you can be fined, deported and banned from re-entry to the EU.

In practice, enforcement varies between countries and most countries keep the toughest penalties for people who have overstayed for many months or even years, or who are working illegally.

READ ALSO What happens if you overstay your 90-day limit?

The most likely scenario for people who have over-stayed for a short time is a fine – French authorities have been issuing €198 fines to over-stayers – and a stamp in the passport flagging the person as an over-stayer. This stamp will likely lead to added complications on future trips, and can make getting a visa more difficult.

What if I get a visa?

People who want to spend more than 90 days in every 180 in the EU/Schengen area will need to get a visa.

However, there is no such thing as an ‘EU visa’ that allows you unlimited access to the bloc. You will need to get a national visa for the country where you spend the most time.

You can then continue to use your 90-day limit to visit other countries within the EU.

All countries have different rules on visas, but for most people who want to spend long periods in the EU without actually moving there, a short-stay visitor visa is the best option.

What if I’m married to an EU citizen? 

Citizens of EU and Schengen zone countries benefit from EU freedom of movement, so are not constrained by the 90-day rule. This, however, does not extend to non-EU spouses.

If you want to spend more than 90 days in the Schengen zone, you will still need a visa (or look to obtain EU citizenship through marriage).

What if I get a new passport?

People travelling under the 90-day rule usually have their passports stamped on entry and exit, in order to keep track of their 90 days.

However passports are also scanned on entry and exit, so a record exists beyond the passport page with its stamp. Therefore getting a new passport does not restart your 90 days, no matter that all the pages are lovely and blank.

What will EES and ETIAS change?

This brings us onto EES, the EU’s new system of border control which involves extra checks at the border – including fingerprints and facial scans – and automatic scanning of passports.

The implementation date has been postponed several times – it’s now due in 2024 – but this will make it harder for over-stayers to slip through the net.

Find a full explanation of the new system HERE.

Could this change for second-home owners?

Definitely the most-asked question at The Local is whether some kind of special deal may be forthcoming for second-home owners.

All we can say for certain is that there are no plans currently in place, and as the 90-day rule is an EU one it would have to be discussed at an EU level.

Individual countries could choose to introduce a special visa for second-home owners, but this still wouldn’t be the same as the paperwork free stays that EU citizens enjoy.

SHOW COMMENTS