Residence Status Guidance Issued for UK Citizens Living in Denmark in 2021

November 12, 2020 Lucy Halse

Key Points

  • Denmark has issued guidance for UK citizens residing in Denmark following the Brexit transition
  • UK citizens in Denmark must apply for new residence status in 2021 under the Withdrawal Agreement
  • UK nationals and individuals with permanent residence rights in Denmark must apply for new residence documents through SIRI between January 1, 2021 and December 31, 2021
  • Individuals who are currently in Denmark will retain their work and residence rights while their new applications are processed
  • Residence documents issued in accordance with EU rules on free movement can be used to verify residence rights while new residence documents are pending
  • Individuals will be notified by SIRI through e-boks in November and December on when they
  • UK nationals should carry existing EU residence documents when entering or exiting the country as proof of residence beyond 90 days
  • Commuters should monitor SIRI’s website for updates on when they can apply
  • Commuters should carry proof of employment with them when crossing Danish borders to verify their work status in Denmark prior to the end of the Brexit transition

Overview

The Danish government has issued guidance for UK citizens who reside in Denmark following the Brexit transition. In 2021, UK citizens and individuals with permanent residence rights in Denmark must apply for new residence documents and new residence status demonstrating a continued right of residence in Denmark under the Withdrawal Agreement.

What are the Changes?

UK nationals and their dependents must apply for new residence documents before December 31, 2021. The document will allow them to continue working and living in Denmark. Individuals who are currently in Denmark will retain their work and residence rights while their new application is being processed. Residence documents issued in accordance with EU rules on free movement can be used to prove residence rights until a new residence document is issued. The rule also applies to older residence documents, including residence documents issued to citizens of a European Community member state.

Who is Affected?

Along with UK nationals, the requirement applies to individuals with permanent residence rights in Denmark. Commuters who work in Denmark but live in another country are also subject to the new application process. Commuters should monitor SIRI’s website for updates. They will not be notified automatically, as they do not have Civil Personal Registration (CPR) numbers. Commuters must also submit their applications before December 31, 2021. Commuters should use proof of employment in Denmark when entering and exiting the country, such as an employment contract, to confirm that they were working in Denmark before the end of the Brexit transition.

What Should Employers and Applicants Know?

  • Applications for new residence documents under the Withdrawal Agreement should be submitted between January 1, 2021 and December 31, 2021.
  • Applications should be submitted to the Agency for International Recruitment and Integration (SIRI).
  • UK nationals should carry existing EU residence documents with them when entering or exiting Denmark as proof of residence rights beyond 90 days.
  • UK nationals who arrive in Denmark after January 1, 2021 will be considered third-party nationals. They will be subject to Denmark’s rules for non-EU nationals for obtaining work and residence permits.

What is the Application Process?

UK nationals who are currently living in Denmark and have a Danish CPR number will receive a letter from SIRI via e-boks November 2020 with further information on the new application process. UK nationals will receive a second letter in December 2020 detailing when they can apply. Applications will be staggered.


Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.

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