Britons in Europe face growing uncertainty

British citizens may face significant work and travel restrictions in the new year as many EU member states have yet to implement measures to ensure their rights post-Brexit

Although according to reports more than 3 million EU citizens living in the UK have applied for and been granted some form of settled status to enable them to continue to live and work in Britain, the rights of UK citizens in Europe still appear to be undefined as many member states have not yet enacted the required legislation.

As many as 23 EU member states have yet to enact systems to regularise the rights of the estimated 1.2 million British citizens currently living on the continent. Countries may implement either a declarative system whereby British citizens living in a particular country will not be deemed to be illegal or implementing a constitutive system, as has been done in the UK, which requires citizens to apply for confirmation of their post-Brexit status when the transition period ends. According to the EU, 13 countries have opted for the constitutive system while 14 will go the declaratory route.

Some countries have not yet published draft legislation while timing of others, such as the one in France, have been adversely affected by the coronavirus pandemic. The deadline for ensuring some sort of system is in place falls at the end of the year, and once this time has passed British citizens may face significant work and travel restrictions in their country of residence.