G. Kouzalis Llc Informs You Regarding Residence Rights And Residence Documents In The Republic Of Cyprus Through Brexit (Meu1 / Yellow Slip)

Residence Rights

G. KOUZALIS LLC would like to inform you that under the Withdrawal Agreement, UK nationals who are eligible for residence rights as well as their family members, including family members that are third country nationals, can continue to live, work or study in Cyprus.

During the transitional period, current EU Law on Free movement will continue to apply and the residence rights of UK nationals and their family members will continue to be subject to the same conditions as those under the EU Law on free movement. UK nationals covered by the Withdrawal Agreement will have the right to take up employment or to carry out economic activity as a self-employed person. They will keep all their workers’ rights based on EU law.

Residence documents issued under the directive 2004/38/EC will continue to be valid throughout the transitional period, and these documents may voluntarily be replaced with the new residence document to be issued in the future. The same conditions are valid for the submission of residency applications will continue to apply during the transitional period under EU Law. Under the Withdrawal Agreement, applications under a new system will be accepted starting as of the 1/1/2021, onwards.

In reference to Article 18(4) of the Withdrawal Agreement, Cyprus has decided that UK nationals and their family members and other persons residing in its territory will not be obligated to apply to replace their pre-existing residency documents in order to obtain any new residence documents that will be issued in the future.

Those UK nationals and their family members who have residence rights under the Withdrawal Agreement, but haven“t applied for residence documents by the end of the transitional period, i.e. 31/12/2020, will continue to have the right to apply within a new procedure that will be initiated as of 1/1/2021; provided they can submit documentary evidence of their residency prior to the end of the transitional period. Residence documents issued within this new process will include a statement that the document has been issued in accordance with the Withdrawal Agreement.

For those UK nationals who will be in scope, and can provide documentary evidence of their residency in Cyprus prior to the end of the transitional period, there will be no deadline for the submission of residency applications within the new process that will be initiated from 1/1/2021. Further information about the aforementioned new application procedure will be announced during the transitional period.

The Government of the Republic of Cyprus greatly appreciates that UK citizens have been undoubtedly contributing to Cypriot society. Taking this valued contribution into consideration, and in addition to the fact that these UK citizens have been residing in Cyprus in their capacity as EU citizens, the Government’s clear priority is to ensure that the rights of UK citizens are safeguarded.

UK nationals and their family members, who will exercise their right to free movement and enter Cyprus with the intention to reside before the withdrawal date and/or until the end of the transitional period, will continue to retain the same rights of residence as those under the current EU rules on free movement. In doing so, the Government aims to protect UK citizens and their family members who have already established their life in Cyprus at the time of the UK’s withdrawal from the EU, under the Withdrawal Agreement.

Last week, we have been informed from the Civil Registry and Migration department that for all MEU1 applications submitted, the applicants need during the application to have with them proof (bank statements) which shows that they have been staying in Cyprus for the last 3 months. However, this latest instruction have not been uploaded to the website of the respective authority. Our consideration is that foreigners and / or European citizens who may have had Cyprus as their partial or permanent residence and had to leave the island due to family issues or have been excluded to their origin countries due to the implication of coronavirus are wronged. The same day of the oral announcement, we sent an official letter to the respective Ministry, the Ministry of Interior and we asked them to reconsider their decision which affects the innocent expats living in Cyprus who have not been in Cyprus for the last 3 months.

We are at your disposal for anything you need regarding residence rights and residence documents. G. KOUZALIS LLC is able to provide you with any information and details on the subject and to guide you on legal issues to avoid any inconvenience but also for your proper information.

G. KOUZALIS LLC is at your disposal in any matter. For more information you can contact us at lawfirm@cytanet.com.cy or call us at 23811788.

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