On 4 October 2019 Cyprus’ Ministry of Interior published a guide for British citizens living in Cyprus, clarifying that EU freedom of movement rules will continue to apply to them in the event of a no deal Brexit.

The guide sets out how Cyprus intends to protect, even in the event of ‘no deal’, rights of residence of UK nationals and their family members, including family members who are third country nationals, despite the planned departure of the UK from the European Union on 31 October 2019 (on current timetabling).

Background

Cyprus had previously implemented the snappily titled UK Nationals Right of Residence Law 2019 (UKRoR Law) on 12 July 2019.  The UKRoR Law was prepared to give effect to the provisions of the draft Withdrawal Agreement agreed in March 2018 between the EU and UK (under the May government) (the WA) and the pre-existing Directive 2004/38/EC on the free movement of EU citizens. Under the terms of the WA a two-year transitional period would apply following the UK withdrawal before any cessation of freedoms otherwise guaranteed under EU law would begin to occur. 

However owing to the current political situation in the UK, specifically the non-ratification of the WA, it has been largely left to Member States to determine the approach to be taken to UK nationals post no-deal (as with any other third country nationals). 

Impact

In the absence of ratification of the WA the guide makes clear that the Cypriot government will move to bring the UKRoR Law into force in respect of those UK nationals resident in Cyprus as at 31 October 2019 (unless superceded by a pan-EU decision). 

Importantly however, it seems that UK nationals that become resident in Cyprus after this time will not, on the current state of play, benefit from the automatic rights of residence under the UKRoR Law.

The Cyprus Government will be updating this webpage with information as it becomes available, with a particular focus on the relevant practical arrangements.

The guide can be found here.