Mobility matters: People with multiple immigration statuses

A common question for British citizens living in the EU post-Brexit is the scope and extent of their mobility rights. As they lost their EU citizenship rights after the end of the transition period (January-December 2020), they also lost free movement across the EU. The Withdrawal Agreement (WA) secures important rights such as residence, rights to work etc in the host state but does not provide free movement across the EU. This means that WA beneficiaries cannot automatically go to live, work or study in another EU country in the way that EU and EEA citizens can.

However, EU guidance has confirmed that Withdrawal Agreement (WA) beneficiaries may hold multiple statuses - and may also apply for and hold other immigration statuses available to third-country nationals, including EU Long-Term Residence (EU LTR). Other statuses may open the door to some mobility rights.

Why this matters

The difference between statuses is not only legal but also practical.

Unlike WA status, EU Long-Term Residence (EU LTR) offers a limited form of mobility within the EU. Holders can, subject to conditions, move to another member state for work, study or family reasons.

For example, a UK national with both WA status and EU LTR will be able to study in their country of residence and will be treated in the same way as an EU citizen, paying home fees. WA beneficiary status gives these rights. But if they also have EU LTR, they may also be able to move to study in another EU country and be treated in the same way as an EU citizen and pay home fees. Similarly, they are able to work in their country of residence as a WA beneficiary but have some rights through EU LTR to live and work in other EU countries. However, it should be noted that according to Directive 2003/109/EC Denmark and Ireland (and, prior to its withdrawal, the United Kingdom) do not participate in implementing the Directive. This means that you cannot apply for the EU LTR in these countries and also cannot use an EU LTR from another EU member state to help you to move to Denmark and Ireland.

Holding more than one status

Specifically, the European Commission has clarified that WA beneficiaries are entitled to hold more than one status alongside their WA status including:

• EU LTR; or

• another EU status e.g. EU Blue Card; or

• a national immigration status; or

• citizenship of their country of residence or another EU country.

In practice, implementation varies. Some member states recognise multiple statuses and provide proof of their existence, while there are still problems with enforcing this in other countries. More guidance is available on the EU immigration portal.

One practical issue is important to note. There is often confusion at immigration authorities in EU countries between EU Long-Term Residence, which is an EU-wide status, and national long-term residence, which applies only in the issuing country and does not provide mobility rights. Local, regional and national immigration offices do not always draw this distinction clearly, which can lead to inconsistent advice, or they might have the tendency to nudge citizens towards national immigration statuses. Applicants are therefore strongly advised to check carefully what they are applying for.

Looking ahead

The interaction between WA rights and other national or EU statuses highlights the continuing complexity of post-Brexit residence and mobility. While the WA guarantees core rights in the country of residence, it does not prevent individuals from seeking additional statuses that may extend their opportunities. Awareness of these possibilities remains uneven, and practical barriers persist in several EU countries. The EU’s new Entry/Exit system [EES] is further highlighting more generally the lack of clarity on the rights of WA beneficiaries to travel and move within the EU. Read more about current plans for EES in our previous blog.

British in Europe will continue to monitor developments, provide information and raise issues where rights are not applied consistently. For official guidance, see the EU Citizens' rights webpage and EU immigration portal.

Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency. Neither the European Union nor the granting authority can be held responsible for them.