Retain of the right of residence in the Republic of Cyprus under the Withdrawal Agreement
Under the Withdrawal Agreement, the UK nationals and their family members who have exercised their right under the EU law to move and reside freely in the Republic, before the withdrawal date and/or until the end of the transitional period , have the right of residence , work and free movement and also have the possibility to continue reside in the Republic as before.
Family members
“Family members” according to Article 9 of the Withdrawal Agreement, are:
(a) the spouse;
(b) the partner with whom the UK national has contracted a registered partnership, on the basis of the legislation of the Republic of Cyprus, which treats registered partnerships as equivalent to marriage (National Law N184(I)/2015)
(c) the direct descendants who are under the age of 21 or are dependents and those of the spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);
(e) persons other than those defined in Article 3(2) of Directive 2004/38/EC whose presence is required by United Kingdom nationals in order not to deprive those United Kingdom nationals of a right of residence granted by Part II of the Withdrawal Agreement;
Residence documents
It is noted that the Republic of Cyprus has chosen the declaratory system based on Article 18 (4) of the Withdrawal Agreement, where the eligible UK nationals and their family members who are also UK nationals are entitled to retain their previous residence document as EU citizens and can use them as means of proof of their right to reside in the Republic. Furthermore, they have the right if they wish to secure the new residence document to be issued as of 1.1.2021.
Third country nationals who are dependent family members of a beneficiary of the Withdrawal Agreement, are entitled to use their residence document (MEU2) until their expiration and it is required for them to apply for the new residence document under the withdrawal Agreement.
Beneficiaries for the issuance of the residence document under Article 18 (4) of the Withdrawal Agreement, the Law N7(I)/2007 and the Directive 2004/38/EC are:
a) UK nationals who exercised their right to reside in the Republic of Cyprus in accordance with Union law, before the end of the transition period and continue to reside in the Republic thereafter [articles 35Α, 35Z(1) of Law 7(I)/2007].
b) Family members of the persons referred to in point (a), provided that they fulfill one of the following conditions [article 35Z(3) of Law 7(I)/2007]:
- they resided in the Republic of Cyprus in accordance with Union law before the end of the transition period and continue to reside there thereafter;
- they were directly related to a person referred to in point (a) and resided outside the Republic of Cyprus before the end of the transition period, provided that they fulfill the conditions set out in point (2) of Article 2 of Directive 2004/38/EC at the time they seek residence under Part II of the Withdrawal Agreement in order to join the person referred to in point (a);
- they were born to, or legally adopted by, persons referred to in point (a) after the end of the transition period, whether inside or outside the Republic of Cyprus, and fulfill the conditions set out in point (2) (c) of Article 2 of Directive 2004/38/EC at the time they seek residence under Part II of the Agreement in order to join the person referred to in point (a) and fulfill one of the following conditions:
- both parents are persons referred to in point (a);
- one parent is a person referred to in point (a) and the other is a national of the Republic of Cyprus; or
- one parent is a person referred to in point (a) and has sole or joint rights of custody of the child, in accordance with the applicable rules of family law of the Republic of Cyprus or of the United Kingdom, including applicable rules of private international law under which rights of custody established under the law of a third State are recognized in the Republic of Cyprus or in the United Kingdom, in particular as regards the best interests of the child, and without prejudice to the normal operation of such applicable rules of private international law;
c) family members who resided in the Republic of Cyprus in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter [articles 35Z(3), 35Θ(1), 35Ι(1),(2), 35ΙΑ(1)(2) of Law 7(I)/2007].
d) persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated by the Republic of Cyprus in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive retain their right of residence in the Republic of Cyprus in accordance with Part II of the Withdrawal Agreement, provided that they continue to reside in the Republic thereafter.
e) persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the transition period, and whose residence is being facilitated by the Republic of Cyprus in accordance with its national legislation thereafter.
f) Without prejudice to any right to residence which the persons concerned may have in their own right, the Republic of Cyprus , in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitates entry and residence for the partner with whom the person referred to in point (a) has a durable relationship, duly attested, where that partner resided outside of the Republic of Cyprus before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under Part II of the Withdrawal Agreement.
Below you can find information in regards to the residence documents of the beneficiaries under the Withdrawal Agreement, according to article 18(4) of the Agreement.