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RIGHTS

How long can Brits stay in the UK without losing their EU residency?

The coronavirus pandemic has seen many British nationals resident in the EU return to the UK, but those 'waiting out' Covid-19 back in Britain could lose their rights to live in their host country. Here's what you need to know to make sure you keep your EU residency status.

How long can Brits stay in the UK without losing their EU residency?
Brits waiting out the pandemic in the UK could have trouble returning to their homes in the EU. Photo: Eric Piermont/AFP

Brits living in the European Union who have returned to the UK until Covid-19 subsides are being urged not to stay away from their host country for too long – or they risk losing their rights to residence there, warns citizens’ rights group British in Europe.

READ ALSO: How the Brexit deal has changed daily lives of British residents in Europe

Since Britain left the EU on January 1st 2021, British nationals are covered by the Withdrawal Agreement (WA). This legislation sets out citizens’ rights, providing for entitlements to work, study and access public services and benefits on similar terms to when the UK was part of the EU.

Under this agreement, there is a limit to the amount of time Brits can be away from their host country – that is, the EU country they moved to. How much time you’ve been resident in your host country determines how long you can spend in the UK.

If you have permanent residence under the Withdrawal Agreement, the permitted absence from your EU country is five years. Permanent residence is granted for anyone who has “been living in a Member State continuously and lawfully for five years at the end of the transition period”, according to UK government guidelines.

Photo by PHILIPPE HUGUEN / AFP

What does continuously mean? The UK government advice is that “individuals will generally have been lawfully residing in their host state for at least six months in any 12-month period”.

That means you’re in the clear if you possess permanent residency under the Withdrawal Agreement. Unless you plan to stay in the UK for several more years from now, you aren’t in danger of losing your residency rights while you’re away.

READ ALSO: Brexit: Anger and frustration for Brits in Italy amid confusion over new biometric ID card

On the other hand, if this doesn’t apply to you and you have ordinary residence instead, the permitted absence is a total of six months in a 12-month period.

This can be extended, however, to “one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country”.

Does Covid-19 count as an important reason?

The Agreement provides for cases of serious illness, so if you caught Covid-19 in the UK, you can argue this is valid for extending the six-month absence to 12 months.

It gets more difficult to define if your individual case falls outside of these allowances. You may personally believe your circumstances warrant staying away for longer than six months: difficulty of travel, looking after an ill relative, your struggling mental health if you return to an apartment to live alone are all good reasons to stay in the UK. However, it’s not clear cut whether this will be accepted and each country will have different rules.

As there are no clear guidelines on which Covid-related reasons would justify an extension, if you have ordinary residence, you could lose your residence rights if you are absent for more than six months.

Photo by Tolga Akmen / AFP

It can sometimes be tricky to calculate exactly how long your period of permitted absences is. EU rights service Your Europe Advice may be able to advise on your individual case – you can contact them here.

How can you prove how long you’ve been away from your EU residence?

On returning to your host country – or the EU transit country – you may be asked questions about your residence at the border. You will be required to explain that you haven’t been away from your host country for more than a six-month period, or that you have solid grounds for extending this to 12 months.

“You should, therefore, be ready to provide proof of your periods of absence and, if claiming more than six months’ absence for Covid-related reasons, to provide documentary proof of those reasons,” states British in Europe.

Proof of these absences can be in the form of travel tickets. Meanwhile the group says that any Covid-related documentation will need to be “convincing”. This could include test results and details of treatment.

And of course, you’ll need to prove that you’re resident in your EU country in the first place. Show border guards your residence card if you have one, or if your country doesn’t use them or hasn’t issued yours yet, carry documentation such as property deeds, rental agreements, employment contracts or utility bills that show you’re based there. 

More details and FAQs on UK nationals’ residence rights in the EU can be found on the European Commission’s website here.

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Member comments

  1. 20.3.2021 Spring Starts!

    Hello,

    If living in the EU then I think the best thing is to apply for Dual nationality. This was possible in Germany, but I am unsure if still available. It will certainly save a lot of problems.

    What do others think about this?

    1. Germany allows British citizens to keep their citizenship when applying for naturalisation as long as the application was submitted and all relevant requirements (length of residence, language level certificate and the citizenship test) were completed before 31 December 2020 – any applications made after that date would require you to renounce your British citizenship before the German authorities will grant you German citizenship. Germany only allows dual nationality with other EU member states or Switzerland, so as the transition period finished on 31 December 2020 so did this possibility.

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ENERGY

How European countries are spending billions on easing energy crisis

European governments are announcing emergency measures on a near-weekly basis to protect households and businesses from the energy crisis stemming from Russia's war in Ukraine.

How European countries are spending billions on easing energy crisis

Hundreds of billions of euros and counting have been shelled out since Russia invaded its pro-EU neighbour in late February.

Governments have gone all out: from capping gas and electricity prices to rescuing struggling energy companies and providing direct aid to households to fill up their cars.

The public spending has continued, even though European Union countries had accumulated mountains of new debt to save their economies during the Covid pandemic in 2020.

But some leaders have taken pride at their use of the public purse to battle this new crisis, which has sent inflation soaring, raised the cost of living and sparked fears of recession.

After announcing €14billion in new measures last week, Italian Prime Minister Mario Draghi boasted the latest spending put Italy, “among the countries that have spent the most in Europe”.

The Bruegel institute, a Brussels-based think tank that is tracking energy crisis spending by EU governments, ranks Italy as the second-biggest spender in Europe, after Germany.

READ ALSO How EU countries aim to cut energy bills and avoid blackouts this winter

Rome has allocated €59.2billion since September 2021 to shield households and businesses from the rising energy prices, accounting for 3.3 percent of its gross domestic product.

Germany tops the list with €100.2billion, or 2.8 percent of its GDP, as the country was hit hard by its reliance on Russian gas supplies, which have dwindled in suspected retaliation over Western sanctions against Moscow for the war.

On Wednesday, Germany announced the nationalisation of troubled gas giant Uniper.

France, which shielded consumers from gas and electricity price rises early, ranks third with €53.6billion euros allocated so far, representing 2.2 percent of its GDP.

Spending to continue rising
EU countries have now put up €314billion so far since September 2021, according to Bruegel.

“This number is set to increase as energy prices remain elevated,” Simone Tagliapietra, a senior fellow at Bruegel, told AFP.

The energy bills of a typical European family could reach €500 per month early next year, compared to €160 in 2021, according to US investment bank Goldman Sachs.

The measures to help consumers have ranged from a special tax on excess profits in Italy, to the energy price freeze in France, and subsidies public transport in Germany.

But the spending follows a pandemic response that increased public debt, which in the first quarter accounted for 189 percent of Greece’s GDP, 153 percent in Italy, 127 percent in Portugal, 118 percent in Spain and 114 percent in France.

“Initially designed as a temporary response to what was supposed to be a temporary problem, these measures have ballooned and become structural,” Tagliapietra said.

“This is clearly not sustainable from a public finance perspective. It is important that governments make an effort to focus this action on the most vulnerable households and businesses as much as possible.”

Budget reform
The higher spending comes as borrowing costs are rising. The European Central Bank hiked its rate for the first time in more than a decade in July to combat runaway inflation, which has been fuelled by soaring energy prices.

The yield on 10-year French sovereign bonds reached an eight-year high of 2.5 percent on Tuesday, while Germany now pays 1.8 percent interest after boasting a negative rate at the start of the year.

The rate charged to Italy has quadrupled from one percent earlier this year to four percent now, reviving the spectre of the debt crisis that threatened the eurozone a decade ago.

“It is critical to avoid debt crises that could have large destabilising effects and put the EU itself at risk,” the International Monetary Fund warned in a recent blog calling for reforms to budget rules.

The EU has suspended until 2023 rules that limit the public deficit of countries to three percent of GDP and debt to 60 percent.

The European Commission plans to present next month proposals to reform the 27-nation bloc’s budget rules, which have been shattered by the crises.

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