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01
Nov

The Residency Rights of UK Nationals in Cyprus Post-Brexit

The Republic of Cyprus aims to implement the provisions of the agreement for the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the ‘Withdrawal Agreement’). The Withdrawal Agreement ensures that the right of free movement as set out in EU Directive 2004/38/EC of UK nationals as well as their family members, including family members who are considered to be third-country nationals, will be preserved even after the Brexit, subject to certain requirements. Bear in mind that the Brexit date is set for the 29th of March 2019.

The Withdrawal Agreement states that UK nationals and their equivalent family members are eligible to enjoy the right of permanent residence, provided that they continuously reside in the Republic of Cyprus for a period of up to five years by 31st December 2020. The Withdrawal Agreement also refers to UK nationals and their family members who already reside in the Republic of Cyprus, but will not have yet completed the five-year threshold at the Brexit date – they will be allowed to continue to reside in the Republic of Cyprus for a period of five years and consequently will be allowed to apply for the permanent residency permit under the scope of the Withdrawal Agreement.

The transition period which allows UK nationals and their family members to apply to obtain the residency documents commences on 30th March 2019 until 31st December 2020. During this period UK nationals are able to claim their right of permanent residence in the Republic of Cyprus (the ‘Transition Period’).

The definition of a family member of a UK national includes a spouse and/or civil partners and direct descendants who are under the age of 21. Also, the above definition entails the dependents of a direct relative in the ascending line as well as the children who were born or adopted after the end of the Transition Period by a UK national or his spouse. The family member of a UK national also includes the dependents of the spouse or the civil partner of the UK national.

The UK national and the family members must submit all required documentation with the Civil Registry and Migration Department and the relevant authorities before the end of the transition period on 31st December 2020. The UK nationals who are already holders of residency documents will follow a much simpler procedure in order to be able to apply for the new residency document under the Withdrawal Agreement. 

The Withdrawal Agreement will become legally binding once it is set into force. 



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