British nationals who have so far resided in Denmark on the basis of EU law must apply for a new residence permit under the Withdrawal Agreement by 31 December 2021. It is therefore becoming the last call if you as a British national want to secure your right to reside in Denmark in the future.
To obtain a residence permit under the Withdrawal Agreement, it is a requirement that prior to the end of the transitional period on 31 December 2020, you had a right of residence in Denmark on the basis of EU law, for example as a worker, a person of sufficient means or a family member of an EU or UK national.
However, it is not a requirement that you have previously been issued with an EU registration certificate, as long as you can prove that you have actually and genuinely resided in Denmark on a basis covered by EU law at the end of 2020, e.g. as a worker. Therefore, in certain cases, you may be covered by the withdrawal agreement even if you have previously held a residence permit under the rules of the Aliens Act.
If you have obtained the right of permanent residence under the EU rules before 31 December 2020, but are currently abroad, you can still apply for a residence permit under the withdrawal agreement before the end of 2021. Under the withdrawal agreement, you retain your right of permanent residence as long as you return to Denmark within 5 years of your departure. You may therefore in some cases have retained your right of permanent residence even if you would have lost it under EU law because you have been out of the country for more than 2 years.
Applications should be submitted to the Swedish Agency for International Recruitment and Integration (SIRI). If you are abroad, you can submit your application and have your biometrics taken through a Danish representation or a visa application centre (VFS).
If you have any doubts about whether you are covered by the withdrawal agreement, or have any questions about the application procedure, please feel free to contact us.