Welcome to the Brexit Brief! In this newsletter for UK citizens living in Brussels or thinking of moving here, we will explore some of the more complicated aspects of life after Brexit. Each edition will start from a puzzling everyday question, using it as a chance to explore the rules that UK citizens should know about.
Before we get started, we should underline a fundamental point: following the end of the transition period on 31 December 2020, UK citizens no longer benefit from freedom of movement across the EU. The only way to reacquire freedom of movement is by acquiring EU citizenship, for example by obtaining Belgian nationality.
As an M-card holder, you have residence rights but they are limited to Belgium alone. Even that status can be lost if rules on absence and return are not respected. This case study imagines a young person wanting to spend time in the UK as a student, but the same rules would apply to any M-Card holder spending an extended period outside of Belgium, even inside the EU. As a general rule, once the M-card status is lost you cannot re-apply for it. After a certain period, M-card protection can be upgraded by applying for an M-card with permanent right of residence. When considering whether to leave Belgium for an extended period (for example to study) we therefore recommended that you first verify whether you qualify for permanent residence and/or Belgian nationality.
This case study brings up several fundamental questions for M-card holders, such as:
These questions will be covered below, as we explore the practical implications for our case study about a young person deciding where to study.
Short stays abroad of up to three months do not need to be reported to the town hall.
If you are leaving Belgium for more than three months, you must notify your town hall that you are leaving by competing an attestation of departure (annex 18). Upon your return you must notify the town hall within 15 days. The rules on absences and return referred to below only apply to absences reported to the town hall.
Holders of a standard M-card can be absent from Belgium for up to one year without negative effects on their residence status. For absences exceeding one year you can apply for a return authorisation if you can prove that you maintain your main interests in Belgium. Whether you keep your main interests in Belgium is a question of fact and the authorities have discretion in deciding whether they accept. Proof that you own property in Belgium or proof that your family will continue to live in Belgium during your absence are possible examples.
Holders of an M-card with permanent right of residence can be absent for up to five years without risk of losing their residence status. You are entitled to permanent residence after five years of continuous legal residence in Belgium. Both periods before and after the transition period are taken into account. If you have a permanent right of residence, you will have received an M-card which indicates this, and your card will be valid for ten years.
As we have seen, Belgian rules allow M-card holders absences of up to one year without negative effects on their residence status. However, if you wish to qualify for permanent residence or Belgian nationality in the future, you should also consider the stricter rules on allowed absences in those contexts.
When applying for an M-card with permanent right of residence, the following absences do not affect the required five years of continuous residence:
If you exceed the allowed absences, you will have to re-start the calculation of the required five years continuous residence.
When applying for Belgian nationality absences of less than six months do not affect the required continuous residence. However, a reported absence of more than six months will re-start the calculation. Additionally, the total duration of your registered absences (each of which may not exceed six months) may not exceed one-fifth of the duration required to acquire Belgian nationality. For example, if you need to demonstrate legal residence of five years, the total duration of your cumulative absences over that five-year period should not exceed more than one year.
If you lose your M-card status due to an absence that goes beyond the rules outlined above, you cannot re-apply for it independently because the application period ended on 31 December 2021. However, there is a possible exception for late applications as a family member of an M-card holder.
Specific rules apply to family members of UK citizens holding a valid M-card which, in some instances, are more beneficial than the rules applicable to family members of non-EU citizens. The following family members of an M-card holder can still apply for an M-card if the family tie existed prior to 31 December 2020:
Welcome to the Brexit Brief! In this newsletter for UK citizens living in Brussels or thinking of moving here, we explore some of the more complicated aspects of life after Brexit. Each edition starts from a puzzling everyday question, using it as a chance to present the rules that UK citizens should know about. Some newsletters are relevant for M-Card holders, some for those arriving after Brexit, and some for all UK citizens. This newsletter is part of a project funded by the EU’s Brexit Adjustment Reserve, in which we are also developing a series of webinars and an online Brexit Helpdesk. To receive this monthly newsletter straight to your inbox, sign up today!
These pages, webinars and newsletters have been developed in a project funded by the EU’s Brexit Adjustment Reserve.
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