UK citizens in Finland can apply later this year for a right of residence under the withdrawal agreement

As a result of the United Kingdom’s withdrawal from the EU, UK citizens living in Finland will have to submit a separate application for a right of residence under the withdrawal agreement. The Ministry of the Interior has launched a project to prepare legislation that will specify the procedure and the timetable.

According to the proposal being drafted, UK citizens who have registered their EU right of residence in Finland will have to apply to exchange their previous registration based on the right of residence in the EU for a right of residence under the withdrawal agreement.

UK citizens who have been granted permanent EU residence rights in Finland before 1 January 2021 and who have a certificate demonstrating this will be able to apply to change their status to permanent right of residence under the withdrawal agreement. The application will be free of charge. Such a certificate will, however, continue to suffice as evidence of the right of residence in Finland and so an application for a permanent right of residence under the withdrawal agreement will not be obligatory. Application is nevertheless recommended for those in this situation so that they too can demonstrate their right of residence as conveniently as possible when going about their business in Finland and at the Schengen external border.

A permanent EU right of residence requires that a person has resided in Finland for a period of five years. If the applicant has not resided in Finland for the required period of time by the end of 2020, he or she will be entitled to continue accumulating this time after that date and to obtain the permanent right of residence under the withdrawal agreement later on. In this case, however, the person's existing EU right of residence will still need be exchanged for a right of residence under the withdrawal agreement even where he or she will not yet have met the conditions for a permanent EU right of residence.

After having been granted a right of residence under the withdrawal agreement, UK citizens may then continue to reside in Finland after the transition period, which concludes at the end of 2020.

Applications to be submitted to the Finnish Immigration Service

The aim is that applications for the right of residence under the withdrawal agreement could be submitted to the Finnish Immigration Service from 1 October 2020 to 30 June 2021. The purpose of the application procedure is to ensure that the applicant fulfils the conditions of the right of residence under the withdrawal agreement.

At this point, it is sufficient for UK citizens to register their right of residence in the EU, and such registrations are accepted for the time being. All UK citizens living in Finland who have not yet registered their stay and intend to continue their stay in Finland are urged to register as soon as possible. Instructions on how to register are available on the website of the Finnish Immigration Service.

Permit procedures are based on the withdrawal agreement

The withdrawal agreement between the UK and the EU entered into force on 1 February 2020 and is directly applicable law in the EU Member States. However, the withdrawal agreement contains provisions, the implementation and application of which must be decided separately by each Member State. The aim of the project now set up by the Ministry is to enact a law on the implementation and application of the provisions on the right of residence in Finland.

The withdrawal agreement also contains provisions on what information applicants may be required to submit in connection with the application for a right of residence. According to the withdrawal agreement, the permit procedures must be quick and user-friendly and the fees for processing applications must be reasonable. In addition, the permit must indicate that it has been issued under the withdrawal agreement.

The project begins on 13 March and ends on 31 December 2020. The project will affect the activities of the Finnish Immigration Service, and the agency will therefore be consulted during the project. Other ministries may also be consulted if necessary. However, no broad consultation round will be organised, because the project involves implementation of EU treaty provisions in a short period of time.

Inquiries:

Jarmo Tiukkanen, Chief Specialist, tel. +358 295 488 606, [email protected]