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How does Brexit affect you?

 

The United Kingdom’s decision to leave the EU means that the UK will no longer be an EU Member State and that the EU legislation on the free movement of persons will no longer apply in the United Kingdom. Accordingly, Danish citizens living in the UK will no longer be able to reside in the United Kingdom on the basis of the EU’s rules of free movement in the UK. 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.

The EU – and Denmark – have since the beginning of the Brexit negotiations prioritized the issue of citizens’ rights in the withdrawal negotiations. Our goal has been to ensure that the negotiations provide clarity and transparent terms for Danish citizens living in the UK and for British citizens living in Denmark. However, it is important to note that the negotiations on the Withdrawal Agreement have not yet been concluded. Both the UK and the EU must approve the Withdrawal Agreement in its entirety for it to apply when the UK leaves the EU on 29 March 2019. Without agreement on all chapters of the Withdrawal Agreement, the citizens’ rights chapter will not apply.

In that case the UK will leave the EU without an agreement – the so-called ‘no deal-scenario’. The risk of a no deal-scenario is understandably a source of great concern for British citizens in Denmark and Danish citizens in the UK, who are worried about their future rights.

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

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
Citizens’ rights constitute a central part of the Withdrawal Agreement. If a consensus is reached on the entire agreement, it will regulate your rights as a British citizen residing in Denmark. However, it is important to note that an agreement between the UK and the EU has not yet been reached. Though there is agreement in principle about substantial parts of the Withdrawal Agreement, these parts will not enter into force unless all elements of the Withdrawal Agreement are agreed by the parties. Furthermore, the Withdrawal Agreement needs to be approved by both the British Parliament and the European Parliament before it will apply. If an agreement is not reached, the UK will leave the EU on 29 March 2019 without an agreement (a no deal-scenario).

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 Commission’s website.

Right to residence

If a Withdrawal Agreement is concluded, there will be a transition period from 30 March 2019 to 31 December 2020 with a possible extension of one or two years. If a Withdrawal Agreement is concluded, British citizens and their families will continue to have a right to residence in Denmark, provided they have been legally residing in Denmark prior to the UK’s withdrawal from the EU on 29 March 2019. 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 families 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.

If no agreement is concluded, you will as a British citizen as a rule be considered a third country citizen. When deciding how to take care of British citizens, the Danish government will take into consideration that British citizens who resided in Denmark prior to the United Kingdom leaving the EU, have resided here in their capacity as EU citizens.

Right to cash benefits

If agreement is reached on the Withdrawal Agreement, and the elements concerning citizens’ rights in the draft agreement remain unchanged, 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.

If there is no agreement, the UK will leave the EU on 29 March 2019 with no Withdrawal Agreement. As a British citizen you would then as a rule be considered a third country citizen. This status provides a number of rights under the Danish legislation on social benefits. When deciding how to take care of British citizens,  the Danish government will take into consideration that British citizens who moved to Denmark prior to the UK leaving the EU have initially arrived here as EU citizens.

Right to social service benefits and daycare

Everyone who resides legally in Denmark has a right to social service benefits in accordance with the Consolidation Act on Social Services. These benefits for example include help and support for vulnerable children and adults, benefits to people with handicaps and the elderly. Your rights to these benefits will not be changed under the Withdrawal Agreement. Citizens with legal residence in Denmark also have the right to benefits in accordance with the law on daycare, including a place in daycare etc.

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.

If a consensus on a Withdrawal Agreement is not reached, British citizens are as a rule viewed as third country citizens. However, the Consolidation Act on Social Services and the law on daycare do not distinguish between EU citizens and third country citizens. Therefore, all British citizens who after Brexit still legally reside in Denmark will still have the same right to benefits following the Consolidation Act on Social Services, as prior to Brexit. The same applies with regards to access to daycare.

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

Right to healthcare benefits

The following will apply if a Withdrawal Agreement is agreed upon and your right to Danish social benefits remains unchanged, as if you were still an EU citizen.  However, it is important to note that agreement between the UK and the EU has not yet been reached.

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 worker, who is employed in Denmark but does not reside here, you and your co-insured family members have a right to public healthcare benefits both in Denmark and in the Member State of residence.

If you are a frontier worker, who does not reside in Denmark but is employed here, and you return to another Member State at least once a week, you have a right to public healthcare benefits both in Denmark and in the Member State of residence. Your co-insured members of the family have a right to public healthcare benefits in the Member State of residence. During a temporary stay in Denmark, they have a right to the healthcare, which becomes medically necessary during the stay. The European Health Insurance Card can document this right.

If you are a British citizen temporarily staying in Denmark, the European Health Insurance Card gives you access to the healthcare, which may become medically necessary during the stay. The healthcare is provided on the same basis as it would to a resident in Denmark. Under the EU Directive on patient mobility, you also have a right to go to Denmark for medical treatment, such as planned hospital treatment, purchase of pharmaceuticals and treatment by a doctor or dentist.

If it is not possible to reach an agreement on the withdrawal, you will, as a British citizen as a rulebe considered a third country citizen. However, the Danish Health Care Act does not distinguish between residents who are EU citizens and third country citizens. Therefore, British citizens, who are still residents in Denmark after Brexit, will have the same rights to healthcare services in Denmark as before Brexit. 

 
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 following the withdrawal agreement and citizenship

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

Question regarding the right tot 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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