The extrapolations of Brexit on the affairs of United Kingdom and European Union is a salient matter concerning many UK and EU citizens and their family members either living, working, studying in EU member states or UK respectively, either planning to do so.
The right for every EU citizen and their family members to live, work or study in any EU Member State was one of the foundations of the European Union. Many EU and UK citizens have made their life choices based on rights related to free movement under Union Law.
Brexit does not only affect the life and the choices of UK and EU citizens, but also the operation of enterprises activating both in United Kingdom and European Union.
Withdrawal Agreement
On 01.02.2020 “Political Brexit” has occurred. United Kingdom exited European Union signing the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement) published on 31.01.2020 at L 29/7 Official Journal of the European Union.
The Withdrawal Agreement stipulates the rights of UK citizens and their family members currently residing in EU member states or planning to reside in EU Member States till 31.12.2020.
Transition Period
A transition or implementation period is stipulated under Art. 126 of the Withdrawal Agreement. Pursuant to the said article there shall be a transition or implementation period, which shall start on the date of entry into force of the Agreement, namely on 31 January 2020, and end on 31 December 2020.
During the transition period Union law shall be applicable to and in the United Kingdom.
On the end of the transition period the “Economic Brexit” will occur and will bring important and definite changes in many areas.
Negotiations on the conditions of the Future Relationship
As of March 2020, European Union and United Kingdom have initiated the negotiations regarding in order to finalize the terms and conditions of their future relationship. The negotiation period will last till the end of the transition period.
In the end of negotiations two contingencies may occur a) the negotiations may come to a unique inclusive agreement or b) the negotiations may come to an aggregate of individual sectoral agreements concerning all the sectors of common interest.
Future Relationship without Agreement
In case that United Kingdom and European Union will not come to an agreement regarding their future relationship till the end of the transition period, then United Kingdom will finally withdraw from European Union without any trade or other agreement. The commercial relationships between the parties will be governed by WTO rules.
The above scenario will entail dire ramifications to citizens, enterprises, public administrations, trade, transportations, financial and credit system and to other salient sectors concerning the relationship between European Union and United Kingdom.
Future relationship with an Agreement
The negotiating position of European Union regarding the future relationship that United Kingdom wish, is depicted in the European Commission’s negotiating order as approved by the General Affairs Council on 25th of February 2020.
This negotiating order advocates the adoption of a unique and inclusive agreement including sections regarding all the individual sectors of common interest (trade, transport, fishery, data exchange, police and judicial co-operation, defense and security etc).
United Kingdom has clearly expressed its preference for a separate Free Trade Agreement and separate sectoral agreements for the rest of matters of common interest.
Greek Legal Framework
Greek Law 4652/2020 “Provisions regarding the withdrawal of United Kingdom from European Union and other provisions” (published at Gov. Gazz. A’ 9/23.01.2020) adopted on 23 January 2020, abolished Articles 123-127 of Law 4604/2019 (published at Gov. Gazz. Α’ 50/26.03.2019), regulating the legal status and the entitlements of British citizens from the date of UK withdrawal until 31 December 2020 in the case of ratification of the Withdrawal Agreement and in the case of no deal scenario.
The Withdrawal Agreement was ratified and put into force on 31 January 2020. Hence, the provisions of the above Greek Law referred to no deal scenario are not put into force.
In virtue of Art. 10 of L. 4652/2020 regarding the “Entitlements of UK citizens and their family members in case of withdrawal of United Kingdom from the European Union from the European Union with Withdrawal Agreement”:
1. a) In case of entry into force of the Withdrawal Agreement of United Kingdom from the European Union, the provisions of the Part 2 (citizen’s rights) of the Withdrawal Agreement are implemented, in particular the provisions of the Article 18 regarding the residence of UK citizens and of their family members in the European Union and any other matter relevant to their entitlements.
b) With a relevant decision of the Minister of Citizen’s Protection, the competent authorities for the issuance of the residence documents of the citizens of United Kingdom and their family members could be refined pursuant to the provisions of the Withdrawal Agreement. With the same decision are determined the details, in particular the matters of its implementation, and matters relevant to the examination of pending requests.
2. a) In case of entry in force of the Withdrawal Agreement of the United Kingdom from European Union, the provisions of the Part 2 (citizen’s rights) of the Agreement regarding the access into the labor, the social insurance and the health care and hospital treatment, the recognition of professional and academic qualifications and the use of the driving licence issued by the United Kingdom are implemented.
b) With a joint Decision of the Minister of Foreign Affairs, Citizen’s Protection, Labor and Social Affairs, are regulated especially the residence permits categories which UK citizens receive and their family members, either they are UK citizens or third country citizens, from the One – Stop Services of De-centralized Administrations of their place of residence.
On 18.02.2020 the Secretary General of Immigration Policy, Reception and Asylum published the with Protocol No. 5864/2020 Document addressing to all the Decentralized Administrations of the Country, according to which the rights, the conditions of residence and the residence documents of the third country citizens, family members of UK citizens residing or applying for residence in Greece, pursuant to the provisions of the Presidential Degree (P.D.) 106/2007 “Free movement – residence in Greece of European Union Citizens”, as in force, will remain invariable till the end of the transition period, namely the 31.12.2020.
Presidential Degree (P.D.) 106/2007 “Free movement – residence in Greece of European Union Citizens”
Art. 7 of P.D. 106/2007 stipulates the requirements that shall be fulfilled in order for an EU citizen to be entitled to reside in Greece for a period longer that three months. The provisions of the said article will remain in force till the end of the transition period.
Art. 7 of P.D. 106/2007 “Right of residence for more than three months”
(Art. 7 and 14 of the Directive 2004/38/EC)
1.European Citizens shall have the right of residence on the territory of Greece for a period of longer than three months if they:
(a) are workers or self-employed persons; or
(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the country during their period of residence and have comprehensive sickness insurance cover; or
(c) are enrolled at a private or public establishment, accredited or financed by the Greek State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and have comprehensive sickness insurance cover in Greece and assure the relevant police authority, by means of a declaration or by such equivalent means as they may choose, that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the country during their period of residence; or
(d) are family members accompanying or joining a Union citizen who satisfies the conditions referred to in points (a), (b) or (c).
2. The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in Greece, provided that such Union citizen satisfies the conditions referred to in paragraph 1(a), (b) or (c).
3. For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed person shall retain the status of worker or self-employed person in the following circumstances:
(a) he/she is temporarily unable to work as the result of an illness or accident;
(b) he/she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a job-seeker with the relevant employment office;
(c) he/she is in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered as a job-seeker with the relevant employment office. In this case, the status of worker shall be retained for no less than six months;
(d) he/she embarks on vocational training. Unless he/she is involuntarily unemployed, the retention of the status of worker shall require the training to be related to the previous employment.
4. When the Union Citizen resides in Greece, because he/she fulfils the conditions of the par. 1(c), by way of derogation from paragraphs 1(d) and 2 of this article, only the spouse and the dependent children shall have the right of residence as family members of a Union citizen meeting the conditions under 1(c) and par. 2 above. The entry and the residence of his/her dependent direct relatives in the ascending line and those of his/her spouse, shall be facilitated pursuant to the provisions of the par. 2 of Art. 3 of this Article.
5. Union citizens and their family members, independently of their nationality, shall have the right of residence as long as they meet the conditions set out in Art. 7. In specific cases where there is a reasonable doubt as to whether a Union citizen or his/her family members satisfies these conditions, checks shall be carried out by the police authorities with competence in matters concerning foreign nationals of their residence, for Union Citizens or their family members who are Union Citizens or the competent Aliens and Immigration Departments of the relevant Prefecture in case that the family members of the Union Citizen are third country citizens. These checks shall not be carried out systematically.
6. As long as the Union Citizen resides in Greek territory for study purposes, as their family members, who are third country citizens, are deemed to be only the spouses and the dependent children, as defined according to (a) and (b) of par. 2 of Art. 2.
” Pursuant to Art. 13 of P.D. 106/2007 (Art. 19 of Directive 2004/38/EC) as superseded by the par. 9 of Art. 42 of L. 4071/2012. “After verification of the length of residence of the Union Citizens being entitled to issue a residence permit, upon the presentation of the Certificate of Registration, the police authorities with competence in matters concerning foreign nationals of their place of residence, issue as soon as possible upon application which is filed in person, document certifying permanent residence.”
Hence, UK citizens, who enter Greece till 31.12.2020, are entitled to reside legally in Greece with the issuance of the Certificate of Registration. Their family members, who are third country citizens, are entitled to enter Greece till the aforementioned date, under the condition the filing of an application to the services of the Ministry of Immigration Policy for the issuance of the Residence Card according to the provisions of P.D. 106/2007.
”Issuance of Residence Documents pursuant to Art. 18 of the Withdrawal Agreement”
The host State may require Union citizens or United Kingdom nationals, their respective family members and other persons, who reside in its territory, to apply for a new residence status and a document evidencing such status which may be in a digital form.
Pursuant to Art. 18 of the Withdrawal Agreement, EU Member States have to provide for certain provisions securing rights of UK citizens. The deadline for submitting the application shall not be less than 6 months from the end of the transition period, for persons residing in the host State before the end of the transition period.
For persons who have the right to commence residence after the end of the transition period in the host State, the deadline for submitting the application shall be 3 months after their arrival or 6 months from the end of the transition period, whichever is later. This deadline shall be extended automatically by 1 year where the Union has notified the United Kingdom, or the United Kingdom has notified the Union, that technical problems prevent the host State either from registering the application or from issuing the certificate of application.
In both cases a certificate of application for the residence status shall be issued immediately.
Where the deadline for submitting the application for the persons who have the right to commence residence after the end of the transition period in the host State is not respected by the persons concerned, the competent authorities shall assess all the circumstances and reasons for not respecting the deadline and shall allow those persons to submit an application within a reasonable further period of time if there are reasonable grounds for the failure to respect the deadline.
Persons who, before the end of the transition period, hold a valid permanent residence document issued under Article 19 or 20 of Directive 2004/38/EC, namely the Certificate of Registration pursuant to Art. 13 of P.D. 106/2007, or hold a valid domestic immigration document conferring a permanent right to reside in the host State, shall have the right to exchange that document within 6 months from the end of the transition period for a new residence document upon application after a verification of their identity, a criminality and security check and confirmation of their ongoing residence.
Such new residence documents shall be issued free of charge.
AMOIRIDIS LAW SERVICES® is a Greek Law firm specializing, amongst other sectors, in Immigration Law having a wide range of experts, composed by both in-house and external solicitors, notaries, accountants, tax experts, civil engineers, topographers, real estate agents, enabling us to provide an “all-in-one package” of legal guidance.
As a single team with an international focus and creative thinking AMOIRIDIS LAW SERVICES® has successfully concluded numerous immigration cases tackling successfully any challenges that might arise, by representing an exclusively foreign clientele from all over the globe, providing high standard legal advice tailored to the personalized profile of our clients.
AMOIRIDIS LAW SERVICES® handles each case with devotion and creative spirit.
For any further information and clarifications please do not hesitate to contact our qualified legal team, ready to provide you with further personalized information tailored to your needs and your profile. You can email us: or call/text us directly at : +306908351705
Athens, May 2020
All rights reserved, Amoiridis Law Services®
Follow us on 
