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Brexit: 11,000 Britons in Berlin still to apply for residence permit

More than 10,000 Brits living in Berlin still haven’t registered for a residence permit ahead of Brexit, official information provided to The Local revealed.

Brexit: 11,000 Britons in Berlin still to apply for residence permit
A Brexit float at the Cologne Carnival on March 4th. Photo: DPA

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Fears have also been raised over how Brits can travel in and out of Germany after Brexit in the event of a no-deal because they won't have official residence status.

Around 7,000 Britons in the capital have submitted their details in the online registration system since it launched in January. But Berlin’s interior senate department told The Local there were around 18,000 British people in Berlin – and 11,000 still haven’t applied yet.

SEE ALSO: What you need to know about Berlin's Brexit registering process

The voluntary form, which as we reported was launched on January 3rd, offers British nationals living in Berlin the chance to apply for their residence status as the UK gets ready to leave the EU on March 29th, unless the deadline is extended.

From April onward, the Foreigners Office (Ausländerbehörde) plans to contact everyone who's registered online and invite them for an official appointment.

As Germany is a federal country, there are different ways that British people can apply for a permit.

SEE ALSO: Brits across Germany urged to apply for residence permit

Some states have issued letters asking residents to book an appointment with the Foreigners Office, while others are asking British people to fill in a form online. Officials have urged those who receive letters to follow the advice.

Questions raised over ease of travelling after no-deal

It came after an information evening was held in the capital on Monday, hosted by the Senate and the British Embassy.

During the event, questions were raised over how Brits will be affected in the event of a no-deal. If no withdrawal agreement is in place, there are concerns over if Brits who leave Germany to travel to another country will have problems getting back into Germany without a clear status.

SEE ALSO: No-deal Brexit: Which EU state offers the best (and worst) deal for Britons?

The Local has put questions surrounding these issues to the British Embassy and the German government.

Daniel Tetlow, co-founder of citizens’ rights group British in Germany, said a huge concern is that there is still not one clear outcome of Brexit so authorities trying to legislate have to deal with a number of possible scenarios.

“If there is a no-deal there were questions raised by the head of the Berlin Ausländerbehörde about the ease of returning to Germany,” he told The Local.

“This is something British in Germany is going to follow up with the German authorities to get more clarity for our members,” he said.

It will likely take months for Berlin authorities to process all the applications for residence permits. That’s because after people register online, the Foreigners Office has to invite everyone for an interview.

“It will take 6-9 months for people to all get their certificates which will confirm your new status in Germany,” said Tetlow.  “Without that the German Ausländerbehörde said you could come into problems getting back into Germany without a valid renewed residency status.”

SEE ALSO: Prepare for Brexit – the ultimate checklist for Brits in Germany

Although this is a possibility, Tetlow added that it’s important to remember that a no-deal is “still an unlikely outcome in four weeks’ time”.

'Fast-track system'

However, Tetlow said authorities confirmed that a fast track system for permits will be put in place for those people who need their status confirmed quickly, for example if their jobs depend on it or for medical reasons.

At the meeting the authorities said people who have lived in Germany for more than five years or people with family (for example someone who is married to a German) are likely to more easily receive residence status.

Those who have lived in Germany less than five years but are ‘economically active’ are likely to get a third country national residence permit.

Others, such as students or retired people who have been in Germany for a shorter time, will be looked at on a case by case basis.

Tetlow said the evening, which was a ticketed event attended by hundreds of Brits, showed the “incredible variety of people and the ways in which Brits have integrated into German society”.

“I was fielding such an amazing variety of questions from people who are going to be affected by the implications of a deal or a no deal,” he said. “For example, air stewards who are concerned about their rights to freedom of movement, crossing borders for their work.

“Retired people who haven’t been here for many years asking what’s going to happen to their pensions. It shows how 18,000 Brits in Berlin have integrated into German society in a massive variety of ways, which is very difficult to legislate for in every single case.”

It was clear once again that the message from German authorities was positive, Tetlow said. “They were supportive of our future in Berlin,” he said. “We will continue to be very welcome as British Europeans in Berlin.”

'Biggest worry is prospect of no-deal'

Tetlow added that the campaign group British in Germany “were pleased to see that the German authorities were starting to get more information out to UK citizens in Germany” and he said the group is “continuing to ask for more information to deal with the sense of unease and insecurity about our future lives here in Germany”.

He added that the biggest worry for members is the prospect of a no-deal. “This will throw up all sorts of unpredictable issues that will threaten the livelihoods of many UK citizens living in the EU,” he said.

Tetlow urged UK citizens living in Berlin to register, and for those living in other parts of Germany to contact their Foreigners Office to find out the registration procedures required.

“We would absolutely encourage all Brits living in Berlin to register before the 29th March, even though the chances of delay to Brexit are now quite high,” he said.

Member comments

  1. It would be good to find out if LABO has actually contacted British people living in Berlin. I filled out the registration form after seeing it on Reddit, I know someone else saw it on Twitter, but I don’t know anyone who has had a letter informing them about it… The absence of which might explain why the majority have not registered.

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BREXIT

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

The EU has drawn up plans to make it easier for non-EU citizens to gain longterm EU residency so they can move more easily around the bloc, but Italy-based citizens' rights campaigner Clarissa Killwick says Brits who moved to the EU before Brexit are already losing out.

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

With all the talk about the EU long-term residency permit and the proposed improvements there is no mention that UK citizens who are Withdrawal Agreement “beneficiaries” are currently being left out in the cold.

The European Commission has stated that we can hold multiple statuses including the EU long-term permit (Under a little-known EU law, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years) but in reality it is just not happening.

This effectively leaves Brits locked into their host countries while other third country nationals can enjoy some mobility rights. As yet, in Italy, it is literally a question of the computer saying no if someone tries to apply.

The lack of access to the EU long-term permit to pre-Brexit Brits is an EU-wide issue and has been flagged up to the European Commission but progress is very slow.

READ ALSO: EU government settle on rules for how non-EU citizens could move around Europe

My guess is that few UK nationals who already have permanent residency status under the Withdrawal Agreement are even aware of the extra mobility rights they could have with the EU long-term residency permit – or do not even realise they are two different things.

Perhaps there won’t be very large numbers clamouring for it but it is nothing short of discrimination not to make it accessible to British people who’ve built their lives in the EU.

They may have lost their status as EU citizens but nothing has changed concerning the contributions they make, both economically and socially.

An example of how Withdrawal Agreement Brits in Italy are losing out

My son, who has lived almost his whole life here, wanted to study in the Netherlands to improve his employment prospects.

Dutch universities grant home fees rather than international fees to holders of an EU long-term permit. The difference in fees for a Master’s, for example, is an eye-watering €18,000. He went through the application process, collecting the requisite documents, making the payments and waited many months for an appointment at the “questura”, (local immigration office).

On the day, it took some persuading before they agreed he should be able to apply but then the whole thing was stymied because the national computer system would not accept a UK national. I am in no doubt, incidentally, that had he been successful he would have had to hand in his WA  “carta di soggiorno”.

This was back in February 2022 and nothing has budged since then. In the meantime, it is a question of pay up or give up for any students in the same boat as my son. There is, in fact, a very high take up of the EU long-term permit in Italy so my son’s non-EU contemporaries do not face this barrier.

Long-term permit: The EU’s plan to make freedom of movement easier for non- EU nationals 

Completing his studies was stalled by a year until finally his Italian citizenship came through after waiting over 5 years.  I also meet working adults in Italy with the EU long-term permit who use it for work purposes, such as in Belgium and Germany, and for family reunification.  

Withdrawal agreement card should double up as EU long-term residency permit

A statement that Withdrawal Agreement beneficiaries should be able to hold multiple statuses is not that easy to find. You have to scroll quite far down the page on the European Commission’s website to find a link to an explanatory document. It has been languishing there since March 2022 but so far not proved very useful.

It has been pointed out to the Commission that the document needs to be multilingual not just in English and “branded” as an official communication from the Commission so it can be used as a stand-alone. But having an official document you can wave at the immigration authorities is going to get you nowhere if Member State governments haven’t acknowledged that WA beneficiaries can hold multiple statuses and issue clear guidance and make sure systems are modified accordingly.

I can appreciate this is no mean feat in countries where they do not usually allow multiple statuses or, even if they do, issue more than one residency card. Of course, other statuses we should be able to hold are not confined to EU long-term residency, they should include the EU Blue Card, dual nationality, family member of an EU citizen…

Personally, I do think people should be up in arms about this. The UK and EU negotiated an agreement which not only removed our freedom of movement as EU citizens, it also failed to automatically give us equal mobility rights to other third country nationals. We are now neither one thing nor the other.

It would seem the only favour the Withdrawal Agreement did us was we didn’t have to go out and come back in again! Brits who follow us, fortunate enough to get a visa, may well pip us at the post being able to apply for EU long-term residency as clearly defined non-EU citizens.

I have been bringing this issue to the attention of the embassy in Rome, FCDO and the European Commission for three years now. I hope we will see some movement soon.

Finally, there should be no dragging of heels assuming we will all take citizenship of our host countries. Actually, we shouldn’t have to, my son was fortunate, even though it took a long time. Others may not meet the requirements or wish to give up their UK citizenship in countries which do not permit dual nationality.  

Bureaucratic challenges may seem almost insurmountable but why not simply allow our Withdrawal Agreement permanent card to double up as the EU long-term residency permit.

Clarissa Killwick,

Since 2016, Clarissa has been a citizens’ rights campaigner and advocate with the pan-European group, Brexpats – Hear Our Voice.
She is co-founder and co-admin of the FB group in Italy, Beyond Brexit – UK citizens in Italy.

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