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How does Brexit affect you?

 

The United Kingdom’s decision to leave the EU means that the United Kingdom will no longer be an EU Member State and that EU legislation on the free movement of persons will no longer apply in the country. Accordingly, Danish citizens living in the United Kingdom will no longer be able to reside there on the basis of the EU’s rules on free movement. This also applies to British citizens living in Denmark who – after Brexit – will no longer be EU citizens and consequently will not benefit from the rights associated with being an EU citizen in other EU countries, including the right to free movement. You can read more about the rights of EU citizens and citizens from the United Kingdom here.

The EU – and Denmark – have since the beginning of the Brexit negotiations prioritized the issue of citizens’ rights in the withdrawal negotiations. The aim has been to ensure clear and transparent terms for Danish citizens living in the United Kingdom and for British citizens living in Denmark.

The British government and the EU have reached an agreement on a Withdrawal Agreement, which secures such terms for EU citizens in the United Kingdom and for British citizens in the EU. For general questions and answers regarding the Withdrawal Agreement, you can visit the Commissions Q/A here.

 However, both the British Parliament and the European Parliament must approve the Withdrawal Agreement in its entirety for it to apply when the United Kingdom leaves the EU on 29 March 2019. If the Withdrawal Agreement does not enter into force, the citizens’ rights chapter will not apply.

In that case, the United Kingdom will leave the EU without an agreement – the so-called ‘no deal-scenario’.

What will happen in a no deal-scenario?

The risk of a no deal-scenario is a source of great concern both for British citizens in Denmark and for Danish citizens in the United Kingdom.

It is a clear priority for the Danish government to ensure that British citizens who have chosen to live in Denmark are treated fairly, regardless of how the negotiations develop.

In the event of a no deal-scenario, the Danish government will put forward a legislative proposal establishing a temporary transitional scheme by which existing EU-rights are extended for a transitional period. The envisaged law is intended to apply to British citizens and their family members, who are legally residing in Denmark on 29 March 2019 in accordance with EU rules on free movement. Under this temporary transitional scheme, resident British citizens and their families will continue to reside, work, attend school, and access health care provisions much as they have done as EU citizens. You can read more details about the law below. The envisaged law will apply until replaced by a permanent solution.

You can read more about the temporary transitional scheme on the website of the Ministry of Immigration and Integration.

For generel questions and answers regarding the no deal-scenario please visit the European Commissions Q&A here.

 

British citizens in Denmark

Denmark greatly appreciates the British citizens who have chosen to live in Denmark and contribute to the Danish society.

The Withdrawal Agreement (the deal scenario)

Citizens’ rights constitute a central part of the Withdrawal Agreement. If the British Parliament and the European Parliament approve the Withdrawal Agreement, it will regulate your rights as a British citizen residing in Denmark. If the British Parliament and the European Parliament do not approve the Withdrawal Agreement, the United Kingdom will leave the EU on 29 March 2019 without an agreement (a no deal-scenario – see more below).

You can read more about how the Withdrawal Agreement might affect you on the website of the Ministry of Immigration and Integration. You can also read more on the European Commission’s website.

 

Right to residence

If the British Parliament and the European Parliament approve the Withdrawal Agreement, British citizens and their families will continue to have a right of residence in Denmark, provided they have been legally residing in Denmark prior to the United Kingdom’s withdrawal from the EU on 29 March 2019. Furthermore, the Withdrawal Agreement will establish a transition period from 30 March 2019 to 31 December 2020 with a possible extension of one or two years. The transition period implies that all British citizens who reside legally in an EU Member State before the end of the transition period will be covered by the Withdrawal Agreement. Accordingly, British citizens and their family members will be able to exercise the right of free movement and take up residence in another EU Member State during the transition period from 30 March 2019 to 31 December 2020.

 

Right to cash benefits

If the British Parliament and the European Parliament approve the Withdrawal Agreement, your right as a British citizen to social benefits remain unchanged as if you were still an EU citizen. This also applies to future events. If you, for instance, become unemployed after the United Kingdom has left the EU, your right to unemployment benefits will be the same as that of EU citizens. If you receive sickness benefits, you can reside in the United Kingdom in accordance with the rules that apply for EU citizens.

 

Right to social service benefits and daycare 

In order to be entitled to services under the Act on Social Services a person must legally reside in Denmark. Services can include assistance to vulnerable children and adults, compensation to persons with disabilities and practical support for elderly persons. All persons who are legally residing in Denmark are entitled to services under the Day-Care Facilities Act. The Withdrawal Agreement does not affect these rights.

You can read more about social service benefits and daycare on the website of the Ministry for Children and Social Affairs as well as the Ministry of Health.

 

Right to healthcare benefits

If the British Parliament and the European Parliament approve the Withdrawal Agreement, your rights to Danish healthcare benefits remain unchanged as if you were still an EU citizen.

 

Student rights

If the British Parliament and the European Parliament approve the Withdrawal Agreement, your rights as a student in Denmark remain unchanged as if you were still an EU citizen during the transition period set out in the agreement.

 

Access to regulated professions

If the British Parliament and the European Parliament approve the Withdrawal Agreement, your rights regarding access to regulated professions will remain unchanged as if you were still an EU citizen during the transition period set out in the agreement.

 

What happens in a no deal-scenario?

Right to residence

If the Withdrawal Agreement is not approved, British citizens in Denmark will be considered third country nationals.  In that situation, the Danish government will put forward a legislative proposal establishing a temporary sransitional scheme by which existing EU-rights are extended for a transitional period. The envisaged law is intended to apply to British citizens and their family members, who are legally residing in Denmark on 29 March 2019 in accordance with EU rules on free movement.

With a few exceptions, the envisaged law is intended to extend all existing rights under EU rules on free movement by prolonging existing national legislation implementing EU legislation.

The temporary transitional period will apply until replaced by a permanent solution. The Danish government will continue its work on a permanent solution for British citizens.

You can read more about legal residence following Brexit on the website of the Ministry of Immigration and Integration.

If you are a British citizen or a family member of a British citizen residing in Denmark under the EU rules on free movement without being in possession of an EU registration certificate (issued for EU citizens) or an EU residence card (issued for third country nationals) respectively, or without having applied yet, you are encouraged to submit an application for such documentation before 29 March 2019. This will make it easier for you to prove that you have a right of residence, and, conversely, make it easier for the Danish authorities to determine that you are residing legally in Denmark on 29 March 2019.

If you are British citizen or a family member of a British citizen with a right of permanent residence in Denmark under the EU rules on free movement, without proof of such right (a letter or a card issued by the authorities), you are encouraged to submit an application to the State Administration before 29 March 2019, if you haven’t already done so.

The Ministry of Immigration and Integration will be informing the European Commission that registration certificates and residence cards issued under the Executive Order on EU Residence will serve as proof of residence permit in Denmark.

Applications for registration certificates and residence cards are submitted to the State Administration. You can read more about the EU registration certificate and the application process at the State Administration's website.

It should be stressed that your right of residence is not lost, if you haven’t been issued with one of the documents mentioned above. Your right of residence is not dependent on the document.

 

Right to cash benefits

If the Withdrawal Agreement is not approved, the envisaged Danish transitional law will provide for a continuation of rights under EU law for British citizens living in Denmark. This means that when a Danish law requires that a person has lived in Denmark for a certain period, in order to be entitled to a benefit, British citizens and their family members can include periods of residence in the United Kingdom and other EU countries even though they are no longer EU citizens. This principle applies to EU citizens according to EU law and will thus be continued during the transitional period.

In addition to periods of residence, some laws require membership of an unemployment insurance fund for a certain period (insurance period) or periods of employment before obtaining rights to benefits. The same principle of right to aggregate periods from the United Kingdom and other EU countries will apply to those periods. This only applies to periods in the United Kingdom and EU countries before the withdrawal date. However, family members who permanently reside in the United Kingdom as of 30 March 2019 and arrive in Denmark later may include periods until the date of arrival.

You can read more about the right to cash benefits on the website of the Danish Agency for Labour Market and Recruitment.

 

Right to social service benefits and daycare

In order to be entitled to services under the Act on Social Services a person must legally reside in Denmark. Services can include assistance to vulnerable children and adults, compensation to persons with disabilities and practical support for elderly persons. All persons who are legally residing in Denmark are entitled to services under the Day-Care Facilities Act.

In case of a no deal Brexit, British citizens will as a rule be considered as third country citizens (that is citizens from a non-EU country). However, the Act on Social Services does not distinguish between EU-citizen and third country citizen. All British citizens, who are legally residing in Denmark, will have the same rights under the Act on Social Services as before Brexit. The same applies to the Day-Care Facilities Act, under which all parents who are legally residing in Denmark are entitled to services under this act.

The sole exemption is subsidies for minding your own children under Article 86 and 87 in the Day-Care Facilities Act.  Only parents who have resided in Denmark for seven of the past eight years and have sufficient linguistic Danish skills are entitled to this subsidy. EU-citizens are exempt from these requirements. Under the Governments planned temporary scheme, all British citizens, who are legally residing in Denmark at the time of Brexit, will continue to be exempt too. However, this exemption does not cover British citizens, who move to Denmark after Brexit. 


Right to healthcare benefits  

All residents in Denmark have access to the public healthcare system according to the Health Care Act. You are a resident when you are registered in the Civil Registration System (CPR). If you are a British citizen residing in Denmark, you will have access to the public healthcare system in Denmark. This also applies after a no deal-Brexit.

If you are a British worker who are employed in Denmark, but do not reside here, you and your co-insured family members have a right to public healthcare benefits in Denmark.

If you are a frontier worker who do not reside in Denmark, but are employed here and you return to another Member State at least once a week, you have a right to public healthcare benefits in Denmark Co-insured family members of a frontier worker will have limited access to public health care benefits.

If you are a British citizen temporarily staying in Denmark after Brexit or if you are a frontier worker after Brexit, you will be considered as a third country national and will therefore only have the right to acute treatment during your stay in Denmark.

 

Student rights

If the Withdrawal Agreement is not approved and the United Kingdom leaves the EU without an agreement (the no deal-scenario), the Danish government will put forward a legislative proposal to extend your existing EU rights as a student in Denmark for a transitional period. The envisaged law will apply to British citizens and their family members, who are legally residing in Denmark on 29 March 2019 in accordance with EU rules on free movement. The envisaged law will also apply to frontier workers who work in Denmark on 29 March 2019 while residing in another EU/EEA-country. The envisaged law will apply until replaced by a permanent solution.

The envisaged law will secure your student rights according to EU law during the transition period, which means that you will have the same access to the Danish higher educational system as EU citizens. You will only have to pay tuition fees for education in Denmark where EU and EEA citizens pay tuition fees.

You will also have the same access to Danish student grants for education in Denmark and abroad as EU and EEA citizens have according to EU law.

If by the time of the United Kingdom’s withdrawal from the EU you have already been granted Danish student grants for education in Denmark or abroad, you will continue to be eligible for Danish student grants for that specific study programme you have been granted Danish student grants to as long as you continue to meet the required conditions.

You can read more about student rights according to EU law on the website of the Ministry of Higher Education and Science and on www.su.dk.

 

Access to regulated professions

If the Withdrawal Agreement is not approved and the United Kingdom leaves the EU without an agreement (the no deal-scenario), the Danish government will put forward a legislative proposal to extend most of your existing EU-rights regarding access to regulated professions for a transitional period.

If by the time of the United Kingdom’s withdrawal from the EU you have already been granted permanent authorization to practice a regulated profession in Denmark based on qualification from the United Kingdom, you will keep your authorization.

After 29 March 2019, you can still apply for access to a regulated profession in Denmark according to EU law based on qualifications from the United Kingdom achieved before 29 March 2019.

If by the time of the United Kingdom’s withdrawal from the EU you are providing a service on a temporary basis in Denmark based on qualifications from the United Kingdom, you will be able to finish the temporary service in Denmark you have started before 29 March 2019. After 29 March 2019, you will no longer be able to provide new services on a temporary basis in Denmark on the basis of EU law.

You can read more about access to regulated professions on the website of the Ministry of Higher Education and Science.

 

 

Rights to cash benefits in Denmark for Danish and other EU citizens residing in the United Kingdom who return to Denmark 

The Withdrawal Agreement (the deal-scenario)

If the British Parliament and the European Parliament approve the Withdrawal Agreement, your rights to cash benefits will remain unchanged. This also applies to future events.

What happens in a no deal-scenario?

Like British citizens already residing in Denmark as of 29 March 2019, Danish and other EU citizens who reside or work in the United Kingdom as of 29 March 2019 will be entitled to have their insurance-, residence- and employment periods from the United Kingdom taken into account.

The principle of inclusion of periods also applies to periods after 29 March 2019 for Danish and other EU citizens who return to Denmark after this date. They will also be treated as if they returned from an EU Member State when determining their right to social assistance and advance payments of child support.

 

Rights to Danish benefits for British, Danish and other EU citizens in the United Kingdom and to British citizens in the EU (export of benefits from Denmark)

The Withdrawal Agreement (the deal-scenario)

If the British Parliament and the European Parliament approve the Withdrawal Agreement, your rights to cash benefits will remain unchanged. This also applies to future events.

What happens in a no deal-scenario?

Whether there is a right to continued disbursement of Danish benefits after the United Kingdom’s withdrawal from the EU for British, Danish and other EU citizens in the United Kingdom, and British citizens in the EU, depends on the benefit in question.

Since there will be no free movement between Denmark and the United Kingdom or coordination according to EU rules after the British withdrawal, Denmark cannot unilaterally extend all existing rights.

Persons who currently enjoy Danish old-age pension, invalidity pension (førtidspension) or pre-retirement benefit (efterløn) in the United Kingdom according to EU law will retain their eligibility to the same benefit. The same applies to British citizens in the EU.

You can read more on the webpage of the Ministry of Employment.

 

Voting rights and eligibility for municipal and regional elections and European Parliament elections in Denmark

Whether it is a "deal" or a "no deal" Brexit, it affects the right of British citizens to vote and to stand as a candidate for municipal and regional elections and European Parliament elections in Denmark.

On 20 February 2019, the Minister of Economic Affairs and the Interior presented a bill to establish a temporary transitional arrangement regarding electoral rights for British citizens living in Denmark. The transitional arrangement will apply until something else supersedes. The transitional arrangement will continue the current rules on EU citizens' right to vote and to stand for election in municipal and regional elections and European Parliament elections in Denmark for those Britons who on 29 March 2019 and since then have been permanently residing in Denmark.

Here you can read more about how Brexit affects your right to vote and stand as a candidate for municipal and regional elections and European Parliament elections in Denmark as a resident British citizen [only in Danish].

 
The information provided on this website (including any and all subpages) is not necessarily comprehensive, complete or updated and does not constitute and cannot replace legal advice. The Ministry of Foreign Affairs of Denmark does not assume responsibility or liability for damages or losses which, directly or indirectly, are related to the use of the contained information.

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Questions regarding how Brexit might affect you as a British citizen in Denmark

Questions regarding the right to residence following EU rules

The State Administration
Ellebjergvej 52
2450 København
www.statsforvaltningen.dk
euophold@statsforvaltningen.dk

Question regarding residence

The Ministry of Immigration and Integration
Slotsholmsgade 10
1216 København K
www.uim.dk/brexit
brexit@uim.dk

Questions regarding cash benefits

Danish Agency for Labour Market and Recruitment

Njalsgade 72A

2300 København S

www.star.dk

star@star.dk

Question regarding the right to service benefits and daycare

The Ministry for Children and Social Affairs
Holmens Kanal 22
1060 København K
www.socialministeriet.dk
sm@sm.dk

Question regarding the right to healthcare benefits

The Ministry of Health
Holbergsgade 6
1057 København K
www.sum.dk
sum@sum.dk
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Contact

Udenrigsministeriet
Asiatisk Plads 2
1448 København K
brexitinfo@um.dk

 

If you have questions about residence rights, you may contact the Ministry of Immigration and Integration at brexit@uim.dk