Permanent right of residence as a British Citizen

[daveba]

Hi,

I applied for a permanent right of residence as an EU citizen under the withdrawal agreement and it was approved. I was given a certificate then and I just checked with migri that it is still valid and I have now asked for a renewal certificate.

The person on the phone also said that I can't really apply for a permanent residence card as it is only for those people who don't have a certificate. But my family members can have this card if they don't have a certificate. So, is that true? Because on migri site I can also see that I can apply for a PR card under the Brexit section? I am confused.

My family hasn't been living here since 2017, so can they apply for the same certificate? Or do they have to apply for this card under me?

Also, can I travel to other EU countries with this certificate? Especially after the new rules come into play from May where we need to apply for a permit and pay a fee?

I would appreciate your experiences as I travel a lot due to work and I am getting anxious. Thanks and regards.

[FinlandGirl]

I applied for a permanent right of residence as an EU citizen under the withdrawal agreement and it was approved.

No, right of permanent residence under the withdrawal agreement is not the same as the right of permanent residence of an EU citizen.

This is a different status with different rights.

British citizens who previously had a right of permanent residence as EU citizen even had to apply for a change of status since they obviously cannot have rights as EU citizens when they are no longer EU citizens:
https://migri.fi/en/changing-status-of- ... -residence

I was given a certificate then and I just checked with migri that it is still valid and I have now asked for a renewal certificate.

The person on the phone also said that I can't really apply for a permanent residence card as it is only for those people who don't have a certificate.

There are:
- residence permit card for people with a residence permit
- residence card for an EU citizen’s family member
- Brexit card

These are 3 different residence statuses, each with an own card.

I have been granted a residence permit card under the withdrawal agreement (a Brexit card). My permanent card is about to expire. What should I do?

Book an appointment and visit a service point of the Finnish Immigration Service if your permanent card is about to expire, if your card is lost or damaged, or if your personal details have changed.

Unfortunately, it is currently not possible to apply for a new Brexit card online. Please book an appointment through the page Book an appointment. You do not need to complete an application form in advance.

This is how you apply for the correct card for your status.

My family hasn't been living here since 2017, so can they apply for the same certificate? Or do they have to apply for this card under me?

If you have underage children who haven't lived in Finland since 2017, then you have to check the withdrawal agreement what they have to apply for if they want to move to Finland to live with you.

All these permits and cards are for people living in Finland, if your children are just visiting you as tourists normal visa rules apply to them.

[daveba]

Thank you very much for your response. Could it be different for me as I had arrived in 2013 and already was here when Brexit happened. My certificate was issued in 2019. So the guy at Migri told me today that since you were a resident pre-brexit it is different and you only need this certificate. He said your family members should apply for a card. I have been asked to apply for a renewal of the certificate so let's see what happens with that. I will try and book an appointment with migri to check what I should do.

[daveba]

I just read the info from the link you sent me and it seems I've been living under a rock . So I guess I should now apply immediately to change my certificate to the card from enterfinland.

[betelgeuse]

I applied for a permanent right of residence as an EU citizen under the withdrawal agreement and it was approved. I was given a certificate then and I just checked with migri that it is still valid and I have now asked for a renewal certificate.

I think Migri has always issued cards under the withdrawal agreement. Based on the previous comments do you actually have just a standard pre-brexit EU free movement certificate? Those should have been swapped away many years ago.

"You can apply for changing status of right of permanent residence under the withdrawal agreement even after 30 September 2021, if you have reasonable grounds to submit your application late and you have been living in Finland based on the right granted to you by EU citizenship before the end of the transition period on 1 January 2021."

https://migri.fi/en/changing-status-of- ... -residence

It's weird that you are getting advice from Migri that such a certificate is still valid.

[daveba]

I applied for a permanent right of residence as an EU citizen under the withdrawal agreement and it was approved. I was given a certificate then and I just checked with migri that it is still valid and I have now asked for a renewal certificate.

I think Migri has always issued cards under the withdrawal agreement. Based on the previous comments do you actually have just a standard pre-brexit EU free movement certificate? Those should have been swapped away many years ago.

"You can apply for changing status of right of permanent residence under the withdrawal agreement even after 30 September 2021, if you have reasonable grounds to submit your application late and you have been living in Finland based on the right granted to you by EU citizenship before the end of the transition period on 1 January 2021."

https://migri.fi/en/changing-status-of- ... -residence

It's weird that you are getting advice from Migri that such a certificate is still valid.

Thanks and I fully agree. The guy was very confident in saying that I don't need a card and this certificate is all that I need. In fact he went on to say I can't even apply for it. I wonder if he meant that date has passed and I am not eligible? He then sent me a text where I can get a renewed certificate (which I did after paying 50Eur). I guess this new certificate if they send me is what I will need to convert to a card as when I now go to make the application it asks for this certificate. I wonder what I now say why I am late! Just say I was living under a rock lol! I hope it won't mess anything up.

[betelgeuse]

Thanks and I fully agree. The guy was very confident in saying that I don't need a card and this certificate is all that I need. In fact he went on to say I can't even apply for it. I wonder if he meant that date has passed and I am not eligible? He then sent me a text where I can get a renewed certificate (which I did after paying 50Eur). I guess this new certificate if they send me is what I will need to convert to a card as when I now go to make the application it asks for this certificate. I wonder what I now say why I am late! Just say I was living under a rock lol! I hope it won't mess anything up.

Referencing what Migri communicated could be in your favour. Detailed advice would need a lawyer who has experience with brexit cases.

[daveba]

Thanks and I fully agree. The guy was very confident in saying that I don't need a card and this certificate is all that I need. In fact he went on to say I can't even apply for it. I wonder if he meant that date has passed and I am not eligible? He then sent me a text where I can get a renewed certificate (which I did after paying 50Eur). I guess this new certificate if they send me is what I will need to convert to a card as when I now go to make the application it asks for this certificate. I wonder what I now say why I am late! Just say I was living under a rock lol! I hope it won't mess anything up.

Referencing what Migri communicated could be in your favour. Detailed advice would need a lawyer who has experience with brexit cases.

Thanks, if anything goes wrong then that is what I will need! I have been a CEO and chairman of a company in Finland since 2015 so that should be able to prove my ties if needed i guess.

[daveba]

This becomes even more confusing.

After the messages here, I got really worried and called migri again to see if they can send me the certificate digitally. As it happens the same guy answered the call. I told him about the information I have found online and what has been discussed here on the forum and what is written on migri and enterfinland website.

He checked with his senior colleague and says that all that is relevant for people who came here after Brexit or during the transition but for me the certificate is still valid and I don't need anything else. He says that they will send me the certificate and I guess I can't do anything but wait. But he was absolutely confident that since I came before Brexit and already had established the rights as an EU citizen I don't need to do anything else. This is consistent with the information I have always received from migri. I simply can't believe this as I don't think the certificate is valid anymore! I wonder if anyone has gone through a similar situation?