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Brexit: Your Right of Residence (Belgium)

Brexit: Your Right of Residence (Belgium)

Old Dec 13th 2018, 12:12 pm
  #1  
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Default Brexit: Your Right of Residence (Belgium)

Following Red_Wine_Fairy's example for Brits living in NL, I thought that I'd share the following which I received from the gemeentehuis yesterday.

================================================== ==============

The Brexit and Your Right of Residence.

On 29 March 2017, the United Kingdom announced its decision to leave the European Union and will therefore no longer be part of the European Union as of 30 March 2019. This decision will have a significant impact not only on the European Union citizens currently residing in the United Kingdom, but also on British citizens residing in a European Union Member State. The purpose of the Withdrawal Agreement is to safeguard as much as possible the acquired rights of the British citizens and their family members already residing in Belgium.

The negotiations between the United Kingdom and the European Union on the conditions of withdrawal are still ongoing. A provisional draft of the Withdrawal Agreement was published by the European Commission in November 2018. Partial agreements have already been concluded on important topics. Nonetheless, it is important to point out that as long as the full agreement has not been reached, the Immigration Office cannot guarantee the rights and obligations of the citizens. The following information is therefore provisional and may be modified as a result of the ongoing negotiations. For this reason, the immigration Office is not yet able to answer questions about individual files.

ln the transition phase, from 30 March 2019 to 31 December 2020, British citizens will see virtually no change. Throughout this period, the British citizens will retain their right of free movement and residence, but must always be able to present their travel documents in case of border control. British citizens and their family members who have exercised their right of free movement of people in Belgium before 1 January 2021 will need a new residence card. During the transition phase, these persons will be identified on the basis of the data from the National Register. They will be sent a personalised letter asking them to go to the municipal administration of their place of residence to obtain a new residence permit referring to the Brexit, in order to guarantee the rights granted to them by the Withdrawal Agreement. Their rights as employee or self-employed people will be linked to this residence permit.

Everyone has to be enrolled by mid-2021. lf they meet certain conditions, family members who had not joined the beneficiary of the Withdrawal Agreement before 1 January 2021 can still do so under the old rules.

The Withdrawal Agreement will also allow two other groups to benefit from the old regime, namely British frontier workers residing in the European Union before 1 January 2021 and British nationals who had already planned medical treatment in the European Union before that date.

British citizens who will not have exercised their right of free movement of people before 1 January 2021 or who cannot prove they used it, will be considered as third country nationals from that date onwards. The rights of entry and residence of these persons are part of the negotiations between the United Kingdom and the European Union starting on 30 March 2019.

================================================== ==============
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Old Dec 13th 2018, 2:01 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

Funnily enough I said to my Wife a few weeks ago that I think the Hungarians will ask us to re-register, as described above.
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Old Jan 8th 2019, 5:50 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

Well, let us see how this agreement unfolds or falls through this month.

Let's hope it all goes swimmingly - somehow.
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Old Jan 17th 2019, 11:31 am
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Default Re: Brexit: Your Right of Residence (Belgium)

This should calm down some nerves

https://www.euractiv.com/section/uk-...OMl47sIubQEiLo

British citizens already living and working in Belgium will be free to remain even in the event of a no-deal Brexit, the UK’s ambassador in Brussels confirmed on Wednesday (16 January).

HTH
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Old Jan 17th 2019, 11:40 am
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Default Re: Brexit: Your Right of Residence (Belgium)

Originally Posted by Annetje View Post
This should calm down some nerves

https://www.euractiv.com/section/uk-...OMl47sIubQEiLo

British citizens already living and working in Belgium will be free to remain even in the event of a no-deal Brexit, the UK’s ambassador in Brussels confirmed on Wednesday (16 January).

HTH
Good News - Sort of.... I need to work in London every other week, so all I need is the train safety framework to be in place for the Eurostar to continue.
Otherwise I'll be marooned in London buying black market food bundles for a months wage lol
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Old Jan 17th 2019, 12:25 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

Originally Posted by SA UK now BE View Post
Good News - Sort of.... I need to work in London every other week, so all I need is the train safety framework to be in place for the Eurostar to continue.
Otherwise I'll be marooned in London buying black market food bundles for a months wage lol
Talk to Farage, maybe you can use his private jet

Arch Brexiteer Nigel Farage was accused of being “elitist” after it emerged he had travelled to Strasbourg from London on his own private jet.

https://www.theneweuropean.co.uk/top...lane-1-5854764
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Old Jan 17th 2019, 3:12 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

Originally Posted by Annetje View Post
This should calm down some nerves

https://www.euractiv.com/section/uk-...OMl47sIubQEiLo

British citizens already living and working in Belgium will be free to remain even in the event of a no-deal Brexit, the UK’s ambassador in Brussels confirmed on Wednesday (16 January).

HTH
Pressure off a bit, good news, thank you. Now we wait for the details on the package of measures to be announced.

Originally Posted by SA UK now BE View Post
Good News - Sort of.... I need to work in London every other week, so all I need is the train safety framework to be in place for the Eurostar to continue.
Otherwise I'll be marooned in London buying black market food bundles for a months wage lol
Yes, seems that Eurostar might have 'a bit of work to do' in order to ensure continuing services. This from VRT:

https://www.vrt.be/vrtnws/en/2019/01...o-deal-brexit/
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Old Jan 18th 2019, 9:17 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

From GOV.UK this afternoon,

"2:42pm, 18 January 2019: EU Exit update: updated information on pensions and driving

You’re getting this email because you subscribed to ‘Living in Belgium’ updates on GOV.​UK."


It's worth signing up for, one can choose the frequency of the email updates.

Having read the update I was initially bothered about getting my Belgian driving licence sorted before March 29th (in case the eID still wasn't through by then) but then remembered that I'm running on a Swiss driving licence anyway.
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Old Jan 29th 2019, 9:22 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

Another update from GOV.UK today, this appears to be about healthcare changes in the event of a no-deal Brexit.

https://www.gov.uk/guidance/living-i...tent=immediate

Shame that one has to wade knee-deep in treacle in order to get a handle on just what has been updated.

GOV.UK's way of keeping the brain cells ticking?


Last edited by BuckinghamshireBoy; Jan 29th 2019 at 9:36 pm. Reason: It would help if I posted the link... Duh!
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Old Jan 30th 2019, 9:55 am
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I reckon I have been getting an average of 20 emails a day for weeks now!

Got all 27 + plus a few "technical" ones yesterday!
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Old Feb 16th 2019, 2:01 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

Latest update from the Belgian authorities (link provided by GOV.UK) giving more info in the case of a no agreement withdrawal.

(update 14/02/2019)
Impact of the withdrawal of the United Kingdom from the European Union on the right to reside of British citizens in Belgium in case no agreement is reached on the withdrawal

In order to prepare for a withdrawal of the United Kingdom from the European Union without an agreement between both parties, the Belgian Government has taken legislative action. This legislative act will only come into force in case no agreement is reached on the day of the withdrawal and has yet to be ratified by the parliament. It concerns temporary measures which are meant to provide a solution to the most important and urgent questions.

Belgium has chosen to safeguard the right to reside of the British citizens and their family members who were already residing in Belgium at the time of the withdrawal. The citizen's rights have always been a priority for Belgium and the government has therefore opted for a generous approach. The existing rights of residence will be prolonged after the 29th of March 2019 and this until the 31st of December 2020. In that period nothing much will change for British citizens and their family members already residing in Belgium at the time of the withdrawal.

The British citizens will be kept informed of further developments and of any steps they have to take to ensure their rights of residence.

Possible situations:
  • You are a British citizens or a family member of a British citizen with a right of residence in Belgium:
If you are a British citizen or a family member of a British citizen with a right of residence in Belgium you do not have to do anything at the moment. You will keep the same rights of residence as before the withdrawal date. You will keep your current residence documents (your E / E+ or F /F+ card).

In case the validity of your current E / E+ or F /F+ expires between the 30th of March 2019 and the 31st of December 2020, you can renew your card at the municipality where you reside. You will need your old card to apply for a new one, which will be valid until the 31st of December 2020.

If you are a British citizen or a family member of a British citizen with a permanent residence in Belgium(E+ of F+ card) or you have been residing in Belgium for at least 5 years we encourage you to apply for long-term residency (D card). This status has been created to closely mirror the permanent residence status for EU-nationals. By applying for long-term residency (D card) you can safeguard your stay in Belgium after the 31st of December 2020.

More information on long-term residency can be found on the following page:

https://ec.europa.eu/home-affairs/wh...m-residents_en
  • You are a British citizen who wants to apply for a residence permit after the withdrawal date:
When applying for a residence permit after the withdrawal of the United Kingdom from the European Union, you can no longer apply under the conditions set for Union citizens. Instead the general rules and conditions for third country nationals will apply to you.

You can consult the rules for a long-term stay in Belgium for third country nationals on our website:

https://dofi.ibz.be/sites/dvzoe/nl/Pages/home.aspx

You can consult the current rules and conditions regarding the access to the Belgian labour market on the website of the competent regions:As of march 30th 2019 British citizens will no longer be Union citizens. This means that British citizens will no longer enjoy facilitations at the borders provided for Union citizens, nationals of the contracting states of the European Economic Area, and Swiss nationals related to the free movement rights. In particular, British citizens will be subject to thorough checks of all entry conditions for third country nationals upon entry and will have to follow the appropriate lanes for third country nationals.

The entry checks will include verification of:

- the possession of a valid travel document for crossing the border; the document needs to have a validity of no more than ten years, and shall be still valid for three months after the intended departure from the Member States;

- the duration of the stay;

- relevant databases with a view to verify the identity and the nationality of the third-country national and of the authenticity and validity of the travel document for crossing the border, and in particular if an alert has been issued in the Schengen Information System (SIS) for the purposes of refusing entry and to check possible threats to public policy, internal security, public health and international relations;

- the purpose (e.g. tourism or work) and the conditions of the intended stay (e.g. accommodation, internal travels);

- the existence of sufficient means of subsistence (i.e. having sufficient means to pay for the intended stay and return travel).

Checks on exit include verification of:

- the possession of a valid travel document for crossing the external border;

- verification that the person did not exceed the maximum duration of stay in the territory of the Member States;

- relevant databases similarly as upon entry checks

The Commission submitted a proposal to exempt UK nationals from the requirement to be in possession of a short-stay visa ("Schengenvisa") when crossing the external borders, where the intended duration of the stay in the Schengen area is 90 days within a 180-day period. This proposal has not yet been adopted.

More information on short stay can be found on the following page: https://ec.europa.eu/info/sites/info...velling_en.pdf
  • You are a family member of a British citizen with a right of residence in Belgium and you want to join this family member in Belgium after the withdrawal:
The same rules and conditions for family reunification as before the withdrawal will continue to apply to a family member of a British citizen who has acquired a right of residence before the withdrawal. To benefit from this exception you do have to apply for family reunification between the 30th of March 2019 and the 31st of December 2020.
  • You are a British citizen or family member of a British citizen who has applied for residence in Belgium before the 30th of March 2019 but a decision has not yet been taken on the day of the withdrawal:
All applications of British citizens and their family members submitted before the withdrawal date but which have not yet been processed, will be examined under the same rules and conditions as before the withdrawal.

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Old Feb 25th 2019, 11:15 am
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Default Re: Brexit: Your Right of Residence (Belgium)

GOV.UK has this morning posted lists of English-speaking lawyers, translators and interpreters for British nationals in Belgium.

https://www.gov.uk/government/public...tent=immediate
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Old Mar 13th 2019, 1:51 pm
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From GOV.UK

Living in Belgium

Official information British people moving to and living in Belgium need to know, including EU Exit guidance, residency, healthcare and driving.

9:58am, 13 March 2019: We have updated the contact details you need to apply for an S1 form.
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Old Mar 13th 2019, 3:13 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

Originally Posted by BuckinghamshireBoy View Post
From GOV.UK
From March 30th -


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Old Mar 25th 2019, 1:39 pm
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Default Re: Brexit: Your Right of Residence (Belgium)

Originally Posted by SA UK now BE View Post
Good News - Sort of.... I need to work in London every other week, so all I need is the train safety framework to be in place for the Eurostar to continue.
Otherwise I'll be marooned in London buying black market food bundles for a months wage lol



Not sure if you saw this from yesterday, your commute is "assured"

https://www.vrt.be/vrtnws/en/2019/03...eryName=DM8455
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