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Brexit: Germany plans to extend transition period for Brits in case of no-deal

EXCLUSIVE: The UK Ambassador Sir Sebastian Wood and the head of the German government's Brexit Task Force Axel Dittmann talk citizens' rights, travelling after Brexit and no-deal preparations.

Brexit: Germany plans to extend transition period for Brits in case of no-deal
Photo: DPA

Germany is planning to extend the grace period for Britons living in Germany in the event of a no-deal Brexit from three months to a total of nine months (until the end of 2019) as uncertainty continues, The Local can reveal.

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SEE ALSO: Brits' anxiety, residence permits and 'Freundship': Brexit experts talk to The Local

The move is one of the measures being put in place by authorities to prepare for all scenarios and to cushion the effects of the UK leaving the EU on UK nationals in Germany.

The Local put questions to Sir Sebastian Wood, the British Ambassador to Germany, and Axel Dittmann, Director for EU Institutional Affairs, Brexit and EU Coordination at the German Federal Foreign Office.

In the first part of our interview, they discuss how British people in Germany can prepare for Brexit as well as citizens' rights and travelling in and out of the country after Brexit. The second part of the interview will be published next week.

SEE ALSO: EU piles pressure on Theresa May by granting short Brexit delay

Safeguarding rights is priority

As uncertainty continues to surround how Britain will leave the EU, Sir Sebastian told The Local the UK government “does not want or expect to leave without a deal”.

Both sides were keen to stress that safeguarding rights of Brits who had set up lives in Germany (and for EU nationals in the UK) was a priority.

“Protecting citizens’ rights was and still is the first priority for us,” Dittmann told The Local.

“We will protect our fellow British citizens who, on the basis of these (EU) rights, have built their lives here in Germany.”

Brexit protesters in London earlier this month. Photo: DPA

SEE ALSO: How to swap your UK licence for a German one

Dittmann added that a withdrawal agreement would be the best protection for the rights of Britons in Germany.

He said it would “contain comprehensive guarantees for British citizens living in the EU”.

However, “all relevant ministries” in Germany are preparing “protection measures” in case the UK leaves the EU without a deal in place.

“Our very clear political objective is to ensure that all British citizens living in Germany can continue to live, work and study here,” he said.

“No British would have to leave Germany as a result of Brexit, including pensioners and welfare recipients.”

To give Britons as well as authorities more time to prepare, he revealed that Germany is planning to extend the grace or transitional period in the case of a no-deal Brexit.

“The federal government is planning a transitional period of up to nine months (initially three months) during which the British can continue to live and work in Germany as before without further decisions needed by immigration authorities,” he said.

“With the approval of the Bundesrat (the legislative council that represents the 16 states), the Federal Government intends to extend the transitional period of initially three months by a further six months.”

During this grace period, all British citizens have the right to stay in Germany.

“If this right of residence has so far provided access to social benefits, this access will be upheld,” said Dittmann. “Previous access rights to health and long-term care insurance also will continue to apply.”

Dittmann said this temporary exemption from the requirement of a residence permit means that “any activity as an employed or self-employed person is still permitted in this transitional period”.

“In particular, they may exercise any employment irrespective of the employer's registered office and without the approval of the Federal Employment Agency,” he added.

In order to stay in Germany after the grace period, however, Dittmann said all British citizens are being asked to submit an application for their future residence title.

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

How should Brits prepare?

Sir Sebastian said UK nationals in Germany can take some “practical steps now for prepare for EU Exit”.

Sir Sebastian Wood. Photo: DPA

“The German government has confirmed that in all scenarios, UK nationals living in Germany will need to apply for a residence permit from their local Foreigners Authority (Ausländerbehörde), for which you will need a valid UK passport,” he said.

Britons will have until the end of the transitional period in place to apply for this.

“UK nationals living in Germany should also be aware that – if the UK leaves without a deal – you will need at least 6 months remaining on your passport to travel within the EU. You will also need to exchange your UK driving licence for a German one,” said Sir Sebastian.

Dittmann added that his personal advice was to “check if your paperwork is complete and up to date”.

“This means that you should check if you have all relevant personal documents and that nothing has expired. Most important of all: register at the competent German registration office (Meldebehörde) as soon as possible.”

SEE ALSO: Prepare for Brexit: The ultimate checklist for Brits in Germany

Travelling after Brexit

Sir Sebastian said the European Commission has proposed that the UK is placed on its list of visa-free countries, “which would mean that UK nationals would not need a visa for short visits – whether for tourism or business”.

“For stays longer than 90 in every 180 days, this will depend on the approach taken by the EU and individual Member States. The FCO’s (Foreign and Commonwealth Office) travel advice page provides the most up-to-date information on entry requirements for travellers, and will be updated regularly.”

Some British people living in Germany had raised concerns about travelling to and from Germany if a no-deal Brexit happens.

Dittmann said British people can come back into Germany if they leave but advised there may be delays.

“British citizens living in Germany can re-enter when travelling, also in case of a no-deal,” he said.

“However, we ask for your understanding that delays and inconveniences may occur at the German border due to Brexit.

“Third-country nationals are subject to stricter inspection requirements than the entry of Union (EU) citizens. We therefore recommend calculating delays when travelling. In order to facilitate border control.”

He also advised carrying extra documentation.

“We further recommend that you carry documents to substantiate your previous long-term stay in Germany, e.g. residence cards and certificates of permanent residence under the Freedom of Movement Act, certificate of registration, employment or rental contract, etc.”

Qualifications

When it comes to qualifications, both Dittmann and Sir Sebastian said any qualifications which have already been recognized by Germany will remain valid after the UK leaves the EU.

“If you have UK qualifications that have not yet been recognised by Germany, the Commission advises that you start the recognition process before Exit Day,” said Sir Sebastian.

Studying

Dittmann said British students who are currently studying in Germany can continue their studies here, however they also need to apply for residence permits within the transitional period.

“Students and trainees who are abroad participating in Erasmus+ at the time of the UK’s withdrawal can complete their studies and continue to receive the relevant funding or grants,” added Dittmann.

Meanwhile, Sir Sebastian said: “In a ‘no-deal’ Brexit scenario, if you are a student or trainee receiving a support loan in Germany (called BAföG) you can still receive the loan until the end of the course, as long as it started before Exit Day.”

Residency and citizenship

When asked if people who’ve been here longer than five years will receive permanent residency and what status others will receive, Sir Sebastian said this was a matter for the German authorities.

“The Commission has called on member states to take a generous approach to the rights of UK citizens who are already resident in their territory, so we hope that those who have been living in Germany will receive permanent residency, but as I said the ultimate decision will lie with the German authorities,” he said.

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

“The UK government has confirmed that any EU citizens living in the UK before exit day will be able to stay and that those with five years continuous residence will be entitled to settled status, the equivalence of permanent residence,” added Sir Sebastian. “Therefore, we call on Germany to reciprocate the UK’s offer.”

When it comes to citizenship, Dittmann said British citizens who have submitted an application for a German passport before Brexit will be able to keep their British passport, “even if the application for naturalization is decided after this date”.

German and British passports. Photo: DPA

Healthcare

Meanwhile, on the issue of healthcare Sir Sebastian told The Local that options to protect reciprocal healthcare arrangements in the unlikely event of a 'no deal' scenario, were being explored and that he was in close contact with the German authorities on this matter.

“However, in the absence of any agreement, the S1 arrangements would no longer be in place after exit day,” he added.

“Germany plans a three month transition period  during which UK nationals whose healthcare is currently covered via the S1 route could join a German health provider. Interested individuals should contact their German health insurance provider for further information.”         

SEE ALSO: Britons in Europe express anger over UK government's Brexit healthcare offer

What lies ahead?

Looking ahead to the future after the transitional period, German authorities cannot say what the process will be for British citizens.

Dittmann said this issue “will be addressed in the framework of the future bilateral relationship and the future relationship between the EU and the United Kingdom”.

Useful links

You can find more information, and keep up to date with any developments, by subscribing to the Living in Germany Guide on the UK government website.

Visit the German government website for further general information.

For more information about qualification recognition this is a helpful German website.

If you are receiving BAfög, the German student and trainee loan, you find information on this website.

For more information on German citizenship visit this website.

The British embassy recommends reading  UK nationals in the EU: essential information, attending one of the embassy's citizens outreach meeting and following your local British Embassy on Facebook and Twitter.

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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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