The EU-UK Withdrawal Agreement protects the rights of UK nationals and their eligible family members who had exercised their right of free movement and residence in Cyprus before the end of the Brexit transition period and continue to reside in Cyprus.
Eligible beneficiaries may retain their rights to reside, work and move freely within Cyprus, subject to the conditions of the Withdrawal Agreement.
Who is protected?
The Withdrawal Agreement may apply to:
- UK nationals who were legally residing in Cyprus under EU free movement law before the end of the transition period and continue to reside in Cyprus;
- Their eligible family members who were residing in Cyprus before the end of the transition period;
- Certain family members who join a protected UK national in Cyprus after the transition period, provided that the relevant conditions are satisfied;
- Children born to or legally adopted by a protected UK national after the transition period, subject to the applicable conditions;
- Certain extended family members and durable partners who fall within the scope of the Withdrawal Agreement.
Who is considered a family member?
Depending on the circumstances, family members may include:
- Spouses;
- Certain registered partners;
- Children and direct descendants under the age of 21 or who are dependent;
- Dependent parents and other direct relatives in the ascending line;
- Certain other family members or durable partners whose residence is covered or facilitated under the applicable EU free movement rules.
The eligibility of family members depends on their individual circumstances and their relationship with the protected UK national.
Residence Documents
Cyprus applies the declaratory system under Article 18(4) of the Withdrawal Agreement.
This means that eligible UK nationals and their UK national family members may retain their previous residence documentation issued under the EU free movement regime as evidence of their rights under the Withdrawal Agreement.
They may also apply for the new residence document issued under the Withdrawal Agreement, introduced from 1 January 2021.
Family members who are third-country nationals
Third-country national family members of beneficiaries of the Withdrawal Agreement may continue to use their existing MEU2 Residence Card until its expiry.
They are required, however, to apply for the new residence document under the Withdrawal Agreement in accordance with the applicable procedure.
Rights under the Withdrawal Agreement
Eligible beneficiaries may retain important rights acquired under EU free movement law, including:
Right of Residence
The right to continue residing in Cyprus, provided the conditions of the Withdrawal Agreement are satisfied.
Right to Work
Eligible beneficiaries enjoy continued access to employment and economic activity in Cyprus.
Family Rights
Eligible family members may retain or acquire residence rights in Cyprus under the conditions established by the Withdrawal Agreement.
Continuity of Rights
The Withdrawal Agreement is designed to protect the residence and related rights that were acquired before the end of the Brexit transition period.
Joining a UK National in Cyprus
Certain family members who did not reside in Cyprus before the end of the transition period may still be able to join a protected UK national in Cyprus.
This may include qualifying spouses, children, dependent relatives and certain other family members, provided that the specific requirements under the Withdrawal Agreement are met.
Special provisions may also apply to children born or legally adopted after the end of the transition period.
Important
The Withdrawal Agreement does not apply to every UK national moving to Cyprus after Brexit.
The key issue is whether the UK national and/or family member falls within the scope of the Withdrawal Agreement and whether the relevant residence conditions were satisfied before the end of the transition period.
Each case should therefore be assessed individually, particularly where:
- the UK national arrived in Cyprus after Brexit;
- a family member is joining the UK national at a later date;
- the family relationship was established after the transition period;
- the applicant holds an MEU1 or MEU2 document;
- the applicant is a third-country national; or
- there have been changes in residence, family circumstances or immigration status.
Do you have UK citizenship or a family connection to a UK national?
We can assess whether you fall within the scope of the EU-UK Withdrawal Agreement and advise you on the appropriate residence documentation and procedure in Cyprus.