MORE ON BREXIT
Residence rights and Residence documents
under the Withdrawal Agreement – Brexit Booklet
Withdrawal Agreement published Officially on 31 January 2020,
Whom it covers: The Withdrawal Agreement (WA) will protect those UK nationals and their family members who have already exercised or will exercise their free movement rights in the Republic of Cyprus before 1 January 2021 (before the end of the transitional period).
Transition period: It is the period immediately after the UK leaves the EU, which started on 1 February 2020 and lasts until 31 December 2020. During this period free movement of UK nationals and their family members will continue.
How it works for UK nationals:
a. UK nationals and their family members including family members who are non-UK nationals, who have already exercised or will exercise free movement in Cyprus before 1 January 2021 but, until 31 December 2020 will not have completed continuous residence of five years, will be eligible for a temporary residence,
b. Those who will have completed five years of continuous residence in Cyprus before 31 December 2020, will be eligible to acquire permanent residence,
c. Those who will not have completed five years of continuous residence in Cyprus, will be able to remain in Cyprus to build-up five years continuous residence.
Commencement of this five-year period for both cases starts at the moment of exercising free movement rights, which may be at any time before and during the transitional period.
d. UK nationals who want to visit Cyprus after the 31 December 2020, end of the transition period and whose rights do not fall within the scope of the Withdrawal Agreement, will need to meet Cyprus immigration rules.
How it works for UK nationals’ family members:
a. Existing family members of UK nationals covered by the Withdrawal Agreement, who are living in a country other than Cyprus on 31 December 2020 (end of the transition period), will be able to reunite in Cyprus with the UK national as a family member at any time in the future. They will then be eligible to qualify for permanent residence, after completing five years of continuous residence.
b. Children born or adopted after the transition period by UK nationals or their spouse/civil union partner, who are within the scope of the Withdrawal Agreement, will enjoy the same rights as pre-existing family members.
c. Future spouses and partners of UK citizens who are not covered by the Withdrawal Agreement and wish to come to Cyprus after the 31 December 2020 (end of the transition period), will need to meet Cyprus immigration rules.
Cyprus has chosen not to obligate UK nationals and their family members residing in its territory in accordance with the conditions set out in the Withdrawal Agreement, article 18(4), to apply for a new residence status as a means of verifying that they are entitled to the residence rights set out in the Withdrawal Agreement.
Holders of current Residence documents issued under the Directive 2004/38/EC (MEU1, MEU2-until expiration, MEU3 ) will be able to continue to use them as means of proof for residence rights in Cyprus. Applications received up until the end of the transition period will be examined on the basis of the current free movement rules, and, if approved, will result in the issuance of the current residence documents.
After the end of the transitional period, as of 1 January 2021 eligible persons whose residency rights are covered by the Withdrawal Agreement, who have not applied for residence documents on EU law by the end of the transition period, will continue to have the right to apply for residence documents, provided they can submit documentary evidence of their residency prior to the end of the transitional period.
For applying online please visit EAS.CRMD.MOI.GOV.CY
Residence documents to be issued to UK nationals and family members as of 1 January 2021:
• Residence Document (MUKW1) for UK nationals and family members who are also UK nationals -valid for five (5) years.
• Residence Document (MUKW2) for non-UK nationals’ family members valid for five (5) years.
• Permanent Residence Document (MUKW3) for UK nationals and family members also UK nationals or for family members who are non-UK nationals – valid for ten (10) years.
Residence documents issued to eligible
persons after the end of the transition
period will include a statement that the
document has been issued in
accordance with the Withdrawal
The process for obtaining the new Residence document under WA:
Those UK nationals and their family members who are holders of a Certificate of Registration (MEU1), Residence Card (MEU2) or Certificate/Card of Permanent Residence (MEU3).
Holders of the above-mentioned residence documents, should they choose to apply for the new Residence Document or for the new Permanent Residence Document (MUKW1, MUKW2, MUKW3), will not need to submit any further accompanying document with their application, other than their valid passport as proof of identity and their current Certificate of Registration, or their Residence card or their Certificate/Card of Permanent Residence. An application will involve payment of a required fee of €30.
During the online application process the applicant will be asked to present himself at the local Immigration Offices or at the Civil Registry Migration Department, for the submission of biometric data in order to finalize the application procedure. For further information on the online procedure please visit EAS.CRMD.MOI.GOV.CY
Travelling from/to the Republic of Cyprus as a Beneficiary of the Withdrawal Agreement
Borders: Entry-Exit checks
Withdrawal Agreement beneficiaries have a right to reside in the Republic of Cyprus, that is not subject to any time limitation. The passport of a UK national who resides in the Republic of Cyprus and wishes to travel from/to Cyprus will be checked at the entry/exit Border checks, but will not be stamped in the following two cases:
1. If he/she holds a residence document issued under Directive 2004/38/EC (MEU1, MEU3) then at the entry/exit boarders his/her passport is not being stamped.
2. If he/she does not hold a residence document issued under Directive 2004/38/EC but can credibly evidence, by other means, that he/she exercised free movement rights in the Republic of Cyprus, before the end of the transition period and continues to reside here then at the entry/exit borders his/her passport is not being stamped.
(Please note that documentary evidence of exercising the free movement rights prior the 31.12.20, are the same as (MEU3) application requirements documents without the obligation of five years of residence, but the documents should bear a date until 31.12.20).
If a UK Citizen does not hold a residence document issued under Directive 2004/38/EC and cannot credibly evidence, by other means, that he exercised free movement rights in the Republic of Cyprus, before the end of the transition period and that he/she continues to reside in the Republic, then his/her passport is going to be stamped during entry/exit border checks with a 90 days limitation period.
EARLIER BREXIT UPDATE
Registration of citizen of the UK in CYPRUS (until the end of the EU Withdrawal Transition period, BREXIT) MEU 1 and MEU 3 (Yellow Slip)
If you are UK national, you can apply for a Certificate of Registration to reside in Cyprus; this is called an MEU 1. This is a document which confirms your right of residence in Cyprus under European law.
During the first 3 months of your stay in Cyprus, you are not required to register (to obtain a document confirming your right to stay) but can do so if you wish.
After 3 months living in Cyprus, you are required to register with the immigration department in your city to obtain a Certificate of Registration MEU 1.
An MEU 1 only confirms your right to reside in Cyprus and is not a general right of abode anywhere in the European Economic Area (EEA).
To obtain your Certificate of Registration MEU 1, you will need the following documents:
Employees / Postings abroad
Valid identity card or passport
Certificate of employment or confirmation of recruitment from your employer
EHIC or proof of health insurance
2 passport sized photographs
Valid identity card or passport
Proof of your status as self-employed ie Certificate of Registration to the Social Security’s Services as self-employed.
EHIC or proof of health insurance
Valid identity card or passport
Proof of health insurance
Proof you can support yourself without needing income support
You do not need to provide any other documents.
1. Make an appointment to apply for MEU1 with your local immigration department
2. Complete the application form for MEU1 available for download at http://www.moi.gov.cy/moi/crmd/crmd.nsf/All/69E690A161D174D6C2257D2C0045750 B/$file/%CE%91%CE%99%CE%A4%CE%97%CE%A3%CE%97-FORM%20MEU1.doc
3. At the immigration interview, you will be required to provide the necessary documents
4. Pay €20 per person.
5. Your Certificate of Registration MEU 1 should be issued fairly quickly. The MEU 1 (known colloquially in Cyprus as a ‘Yellow slip’) confirms your right to live in Cyprus; it states your name and address and the registration date. It should be valid indefinitely (does not have to be renewed) though you may need to report any change of address to the local authorities.
If you do not register, you may be fined for not doing so but may continue to live in the country and cannot be expelled just for this.
Do you need to apply? Under European law, you do not need to obtain documentation confirming your right of residence in another EU Country if you are a national of a country in the EEA. However, in Cyprus, you are required to register for an MEU1 after 3 months of residence.
If you are a UK national and have not applied for an MEU 1 before 28th March 2019, then you may be required to follow a different procedure.
Certificate of Permanent Residence MEU 3 When you have lived in Cyprus for a continuous period of 5 years in accordance with the European regulations, you can apply for a document certifying permanent residence.
The Certificate of Permanent Residence (MEU 3) is different from the Registration Certificate MEU 1 which is compulsory in Cyprus. The Certificate of Permanent Residence MEU 3 is not compulsory. It confirms your right to live in Cyprus permanently, without any conditions. It also confirms your right to reside in Cyprus under predetermined conditions after the UK withdrawals from the EU.
This means that the authorities may no longer require you to prove that you have a job, sufficient resources, health insurance, and so on.
Driving Licence Renewel Procedure (Revised)
The application process for a foreign national renewing their Cyprus driving licence on reaching the age of 70 (and its subsequent renewals) has recently changed.
It is no longer possible to use an agent to do the legwork.
Those requiring their driving licence to be renewed must apply in person to the District Office of the Department of Transport or Citizen Service Centres (CSC).
You will need to take:
1. Your expiring driving licence – the earliest renewal application date is one (1) month prior to your existing licence expiry date.
2. A completed TOM 7D application form.
3. A TOM 153E form – signed by a doctor, stating you are fit to drive.
4. Your Residence Permit (MEU1/MEU2/MEU3) and a copy.
5. Utility bills for the preceding 6 months in their name as evidence they have been resident in Cyprus for the period.
(Staff at the Department of Transport or Citizen Service Centre will take your photo if needed.)
A married person wishing to renew their driving licence may find that the utility bills are in their spouse’s name. In this case he/she must take the 6 months utility bills plus their Marriage Certificate and a copy.
If they are not married, both partners will need to swear an affidavit at court confirming their relationship. The partner wishing to renew their driving licence must take the 6 months utility bills plus the affidavit and a copy.
(The T.O.M. 7D and T.O.M. 153E forms – with an English translation of the T.O.M. 7D form – can be downloaded from : https://cyprusdriving.net/)
SEMINAR – SEPTEMBER 2017 BREXIT
The following is a report put together by the Branch Membership Secretary, who attended a Brexit Seminar on the 20th September, headed by Christina Smith, Vice Consul, British High Commission, if you have any queries please contact Anne Higgs:
- You must legalise your residency status. If you have been resident in Cyprus for more than 90 days, and it is your intention to remain a resident in Cyprus, you MUST obtain a MEU1. After 5 years, and you have a MEU1, you can apply for a MEU3. The MEU3 gives you equal treatment with the nationals of that member state. There is a fine of €5,000 if you do not apply for this. You lose equal treatment if you have been out of Cyprus for 2 continuous years.
- You can apply for a Cypriot passport (EU) after you have lived in Cyprus for 7 years & you have legal residency. You can still hold a UK passport.
- The Alien Record Cards are now illegal but you can get them changed for a MEU1 but you still have to provide all the necessary paperwork at a cost of €20 each.
- No changes in taxation to Cyprus residents.
- The double taxation agreement will continue.
- Pensions will be increased annually as in UK
- Income below €19,500 you pay no tax. For pensioners you pay 5% tax.
- If you exceed an income of 19,500 you are taxed from €3,420
- You are taxed on interest at 30%, dividends 17% & rental income 3% (after deductions)
- It is likely that after Brexit if you want to import a car into Cyprus you will have to pay VAT, import duty & emissions tax.
- Ruled by domicile.
- Includes your worldwide assets.
- The nil band is £325,000 or £650,000 for married couples.
- No inheritance tax if you leave everything to your spouse.
- IHT must be paid first before Probate is granted.
- To prove domicile look on-line gov.uk for questions your Executors will be asked under Oath. It is a 4 page document!
TO CHANGE YOUR DOMICILE
- Acquire a domicile overseas (some countries do not allow)
- Establish overseas residence (you must have spent at least 3 years overseas).
- Establish roots in new country ie. maintain local bank account not UK
- You have no intention of returning to the UK
MISTAKES MADE BY EX-PATS
- Ex-pats think they are no longer UK domiciled once they live overseas but have not severed ALL links with the UK.
- Only taxed on UK assets. No, you are taxed on worldwide assets.
- No longer subject to UK taxes. No not true.
- Spouse can sign on their behalf after death. No you have to apply to the Courts first.
- You must have separate Wills for the UK & the country where you live and they must link to each other. Also applies for Power of Attorney.
- It is illegal to use UK EHIC card in Cyprus if you live here.
- From April 2016 if you are retired and hold an S1 you can receive treatment in the UK.
PROPERTY & TITLE DEEDS
- Title Deed means ownership of land & property
- Buyers may ask sellers for a Certificate of Ownership (obtained from Land Registry).
- Planning, Building Permits and Certificate of Completion needed when selling.
- Use an independent lawyer
- Ensure there is a written Contract of Sale which is lodged with the Land Registry.
- 20% CGT on net profit of sale.
- Obtain 30% of purchase price as a down payment if you are selling.
ESTATS, WILLS & PROBATE
- Ensure you have a Cyprus Will
- If you are married ensue you own all assets jointly
- Have a joint bank account.
- Have your investments in joint names or in a Trust.
- Have your car in joint names
At our Branch Committee Meeting on the 27th July, 2017, it was agreed, that from that date onwards the Criminal Record Check (CRC) for existing and new members applying for Station Passes would be met by the Branch. Bring your receipt to the next social event and the Treasurer will refund your payment.
Mrs Wendy Phillips – Welfare Officer Aphrodite Branch Cyprus
Telephone no: 99057482 or email firstname.lastname@example.org
Following a recent meeting the British High Commission when invited guests discussed the developments on Brexit and other work of the British High Commission; there was very little to say about the latest position regarding Brexit, as the UK Government is not presently in a position to give out information, therefore anything in the media should only be viewed as speculation. However, their main concern was the number of expats living on the island, especially those who arrived before its accession to the EU (2004) who were issued with an Alien Registration Card; anyone in this situation should have it converted into an MEU1 (yellow slip), otherwise, not only could they be running the risk of prosecution it could also affect anyone wishing to renew their medical cards.
Here is the link to the Cyprus Government’s portal regarding Form MEU1: http://www.moi.gov.cy/moi/CRMD/crmd.nsf/All/69E690A161D174D6C2257D2C0045750B?OpenDocument
You may interested in the following website link for “ECREU” which stands for “Expat Citizen Rights in the EU”; it was forwarded to me by Terry Dennett, the Secretary of RAFA’s Sud-Ouest France Branch: http://ecreu.com/index.html . Also on this website is UK Citizens in Europe: Towards an Alternative White Paper. If you google the UK citizens bit you can view the document.
The Aphrodite Branch Royal Air Forces Association has no input with regards to RAF Akrotiri Station Visits. Any RAFA member without a station pass wishing to attend a RAFA branch social event on RAF Akrotiri should contact any member of the committee.
New driving licence rules mean you may need a code to hire a car from the 8th June, 2015.
If you still drive using your UK licence from the 8th June, 2015, new rules mean if you are hiring a car, they mayask you for a DVLA code to check for endorsements etc. Once you request the code online or by telephone from the DVLA, it is only valid for 21 days so your timing is very important; details below:
From 8 June, new rules mean you need to request a personal code from the DVLA up to 21 days before picking up a car either in the UK or abroad. This is so hire firms can check for points, as paper licences are being scrapped for photo card holders. You may not be asked, but to be safe ensure you get one in advance.
You can read full details of the driving licence changes in the DVLA warning news story.
To get a code, you’ll need to request one from DVLA via Gov.uk or by calling 0300 790 6801.
You will need to provide your driving licence number found on your photo card or on your paper driving licence for paper-only motorists, national insurance number and the postcode on your driving licence.
Give this code to the rental desk when you pick up your car – it effectively gives the company temporary access to your licence info. But, annoyingly, the code only lasts for 21 days before expiring, so make sure you don’t request it too early.
You’ll also be able to download a PDF of your licence, which will be worth taking as a precaution – though you will still need the code. Not all car hire companies currently request to see the paper part of your licence, so may not ask for the code either, but don’t take the risk – get a code just in case.
Some driving organisations such as the AA are also advising motorists to take the paper counterpart of their photo card licence with them too just in case there are any problems. It’s also warning drivers who want to hire a car abroad to be extra cautious as overseas car hire firms, or even traffic police abroad, may not be aware of the changes and may demand to see your paper licence.”
NHS care for UK state Pensioners Who Live Elsewhere in the EEA
The issue regarding the change in the ruling that applies to all pensioners who receive a UK state retirement pension and registered for healthcare in Europe with an S1 form, which now allows UK state pensioners who live elsewhere in the EEA the same rights to NHS care as people who live in England is still being looked into for us by Zoe Woodward at the British High Commission in Nicosia, in the meantime up to date details can be found at the UK Governments portal: https://www.gov.uk/government/news/new-rules-to-improve-overseas-visitors-contributions-to-nhs-care
Other UK Government portals useful to members living in Southern Cyprus are:
If you would like to receive crisis alerts the go to: https://www.gov.uk/foreign-travel-advice/cyprus
Renewing UK Passports: www.gov.uk/overseas-passports
Obtaining Visas: www.gov.uk/apply-uk-visa
For travel advice: https://www.gov.uk/foreign-travel-advice/ (type at the end any country you want information on)