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RIGHTS

How long can Brits stay in the UK without losing their EU residency?

The coronavirus pandemic has seen many British nationals resident in the EU return to the UK, but those 'waiting out' Covid-19 back in Britain could lose their rights to live in their host country. Here's what you need to know to make sure you keep your EU residency status.

How long can Brits stay in the UK without losing their EU residency?
Brits waiting out the pandemic in the UK could have trouble returning to their homes in the EU. Photo: Eric Piermont/AFP

Brits living in the European Union who have returned to the UK until Covid-19 subsides are being urged not to stay away from their host country for too long – or they risk losing their rights to residence there, warns citizens’ rights group British in Europe.

READ ALSO: How the Brexit deal has changed daily lives of British residents in Europe

Since Britain left the EU on January 1st 2021, British nationals are covered by the Withdrawal Agreement (WA). This legislation sets out citizens’ rights, providing for entitlements to work, study and access public services and benefits on similar terms to when the UK was part of the EU.

Under this agreement, there is a limit to the amount of time Brits can be away from their host country – that is, the EU country they moved to. How much time you’ve been resident in your host country determines how long you can spend in the UK.

If you have permanent residence under the Withdrawal Agreement, the permitted absence from your EU country is five years. Permanent residence is granted for anyone who has “been living in a Member State continuously and lawfully for five years at the end of the transition period”, according to UK government guidelines.

Photo by PHILIPPE HUGUEN / AFP

What does continuously mean? The UK government advice is that “individuals will generally have been lawfully residing in their host state for at least six months in any 12-month period”.

That means you’re in the clear if you possess permanent residency under the Withdrawal Agreement. Unless you plan to stay in the UK for several more years from now, you aren’t in danger of losing your residency rights while you’re away.

READ ALSO: Brexit: Anger and frustration for Brits in Italy amid confusion over new biometric ID card

On the other hand, if this doesn’t apply to you and you have ordinary residence instead, the permitted absence is a total of six months in a 12-month period.

This can be extended, however, to “one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country”.

Does Covid-19 count as an important reason?

The Agreement provides for cases of serious illness, so if you caught Covid-19 in the UK, you can argue this is valid for extending the six-month absence to 12 months.

It gets more difficult to define if your individual case falls outside of these allowances. You may personally believe your circumstances warrant staying away for longer than six months: difficulty of travel, looking after an ill relative, your struggling mental health if you return to an apartment to live alone are all good reasons to stay in the UK. However, it’s not clear cut whether this will be accepted and each country will have different rules.

As there are no clear guidelines on which Covid-related reasons would justify an extension, if you have ordinary residence, you could lose your residence rights if you are absent for more than six months.

Photo by Tolga Akmen / AFP

It can sometimes be tricky to calculate exactly how long your period of permitted absences is. EU rights service Your Europe Advice may be able to advise on your individual case – you can contact them here.

How can you prove how long you’ve been away from your EU residence?

On returning to your host country – or the EU transit country – you may be asked questions about your residence at the border. You will be required to explain that you haven’t been away from your host country for more than a six-month period, or that you have solid grounds for extending this to 12 months.

“You should, therefore, be ready to provide proof of your periods of absence and, if claiming more than six months’ absence for Covid-related reasons, to provide documentary proof of those reasons,” states British in Europe.

Proof of these absences can be in the form of travel tickets. Meanwhile the group says that any Covid-related documentation will need to be “convincing”. This could include test results and details of treatment.

And of course, you’ll need to prove that you’re resident in your EU country in the first place. Show border guards your residence card if you have one, or if your country doesn’t use them or hasn’t issued yours yet, carry documentation such as property deeds, rental agreements, employment contracts or utility bills that show you’re based there. 

More details and FAQs on UK nationals’ residence rights in the EU can be found on the European Commission’s website here.

READ ALSO:

Member comments

  1. 20.3.2021 Spring Starts!

    Hello,

    If living in the EU then I think the best thing is to apply for Dual nationality. This was possible in Germany, but I am unsure if still available. It will certainly save a lot of problems.

    What do others think about this?

    1. Germany allows British citizens to keep their citizenship when applying for naturalisation as long as the application was submitted and all relevant requirements (length of residence, language level certificate and the citizenship test) were completed before 31 December 2020 – any applications made after that date would require you to renounce your British citizenship before the German authorities will grant you German citizenship. Germany only allows dual nationality with other EU member states or Switzerland, so as the transition period finished on 31 December 2020 so did this possibility.

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TECH

‘A great day for consumers in Europe’: EU votes for single smartphone charger

The EU parliament on Tuesday passed a new law requiring USB-C to be the single charger standard for all new smartphones, tablets and cameras from late 2024 in a move that was heralded a "great day for consumers".

'A great day for consumers in Europe': EU votes for single smartphone charger

The measure, which EU lawmakers adopted with a vote 602 in favour, 13 against, will – in Europe at least – push Apple to drop its outdated Lightning port on its iPhones for the USB-C one already used by many of its competitors.

Makers of laptops will have extra time, from early 2026, to also follow suit.

EU policymakers say the single charger rule will simplify the life of Europeans, reduce the mountain of obsolete chargers and reduce costs for consumers.

It is expected to save at least 200 million euros ($195 million) per year and cut more than a thousand tonnes of EU electronic waste every year, the bloc’s competition chief Margrethe Vestager said.

The EU move is expected to ripple around the world.

The European Union’s 27 countries are home to 450 million people who count among the world’s wealthiest consumers. Regulatory changes in the bloc often set global industry norms in what is known as the Brussels Effect.

“Today is a great day for consumers, a great day  for our environment,” Maltese MEP Alex Agius Saliba, the European Parliament’s pointman on the issue, said.

“After more than a decade; the single charger for multiple electronic devices will finally become a reality for Europe and hopefully we can also inspire the rest of the world,” he said.

Faster data speed

Apple, the world’s second-biggest seller of smartphones after Samsung, already uses USB-C charging ports on its iPads and laptops.

But it resisted EU legislation to force a change away from its Lightning ports on its iPhones, saying that was disproportionate and would stifle innovation.

However some users of its latest flagship iPhone models — which can capture extremely high-resolution photos and videos in massive data files — complain that the Lightning cable transfers data at only a bare fraction of the speed USB-C does.

The EU law will in two years’ time apply to all handheld mobile phones, tablets, digital cameras, headphones, headsets, portable speakers, handheld videogame consoles, e-readers, earbuds, keyboards, mice and portable navigation systems.

People buying a device will have the choice of getting one with or without a USB-C charger, to take advantage of the fact they might already have at least one cable at home.

Makers of electronic consumer items in Europe agreed a single charging norm from dozens on the market a decade ago under a voluntary agreement with the European Commission.

But Apple refused to abide by it, and other manufacturers kept their alternative cables going, meaning there are still some six types knocking  around.

They include old-style USB-A, mini-USB and USB-micro, creating a jumble of cables for consumers.

USB-C ports can charge at up to 100 Watts, transfer data up to 40 gigabits per second, and can serve to hook up to external displays.

Apple also offers wireless charging for its latest iPhones — and there is speculation it might do away with charging ports for cables entirely in future models.

But currently the wireless charging option offers lower power and data transfer speeds than USB-C.

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