Key Takeaways:
- Thousands of Britons in declaratory countries like Germany and Spain lack the new Withdrawal Agreement residency card, risking future travel issues.
- Widespread problems persist with family reunification, equal treatment, and confusion over EU long-term residence status.
- Campaigners warn the situation is "far from done," with complex social security and permanent residence upgrade issues expected to surge in 2025/26.
The Unfinished Business of Brexit
Five years after the post-Brexit transition period ended, the consequences for UK nationals living in the EU are far from settled. While the Withdrawal Agreement safeguarded their right to stay, securing those rights has been a complex, ongoing battle.
Campaign group British in Europe reports receiving new, increasingly complex cases every week. "We cannot say that Brexit is done," says Fiona Godfrey from the group. "There is a long way to go before the full set of rights will be implemented."
For many, the emotional impact lingers. "There's still a sense of bereavement," Godfrey adds, highlighting the permanent loss of freedom of movement rights that defined their lives in Europe.
A Patchwork of Problems
The implementation landscape is a patchwork. In 13 constitutive countries, UK citizens had to actively apply for new status. In another 13 declaratory countries, plus Iceland and Switzerland, they needed to register or request new documents.
A recent EU-funded project by British in Europe, surveying 11 countries, found that while 90% in constitutive countries had applied, a concerning 17-18% in declaratory countries had not.
"In declaratory countries, where there are big populations, such as Germany and Spain, it's potentially thousands of people... they could experience difficulties... under the EU's new EES border system," warns Godfrey.
Key Issues Identified
The project's final report catalogued 89 widespread problem cases. The most common hurdles include:
- Confusion over status: Authorities often steer applicants towards familiar national immigration routes instead of the EU long-term residence status granted by the treaty.
- Family reunification: Rights are frozen for relationships formed after December 31st, 2020. Status confusion also affects children born post-Brexit to parents with permanent residence.
- Equal treatment: Cases of discrimination regarding access to social housing, property purchase, student finance, and rights for same-sex couples.
Country-Specific Challenges
Problems are not evenly distributed. Sweden recorded the highest number of cases (34), with authorities taking a "very strict and literal" interpretation of the agreement. Issues there involve:
- Late applications
- Family reunification
- Upgrading residence status
In Austria, significant issues emerged around equal treatment, particularly concerning access to social housing and the right to buy property. These disparities highlight how local implementation creates a fragmented experience for Britons across the bloc.
Looming Future Complications
The situation is set to become more complex. Two major emerging issue areas are:
- Social Security Coordination: As more Britons reach retirement age, complexities in pension and benefit portability are expected to surge.
- The Permanent Residence Upgrade: 2025 and 2026 will see many temporary residents eligible to upgrade to permanent status. Campaigners already report authorities making "unnecessary requirements," such as demanding language tests or onerous financial proof not stipulated in the treaty.
Godfrey's advice is clear: "Our position has always been to get a withdrawal agreement card as soon as possible to secure their rights." For the thousands still without one, the new Entry/Exit System (EES) could turn future travel outside the Schengen zone into a significant ordeal.
The message from campaigners is unequivocal: Brexit's impact on citizen rights is a live, evolving issue. The battle for full and fair implementation continues, with new chapters on social security and permanent residency yet to be written.