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Brits’ anxiety, residence permits and ‘Freundship’: Brexit experts talk to The Local

EXCLUSIVE: In part two of our interview, UK Ambassador and the head of the German government's Brexit Task Force talk about the emotional impact on Brits, residence permits and 'Freundship'.

Brits' anxiety, residence permits and 'Freundship': Brexit experts talk to The Local
Union Jack flags at the Broken English British goods store in Berlin. Photo: DPA

As we exclusively revealed on Friday, Germany is planning to extend the transition period for Britons living in Germany in the event of a no-deal from three months to a total of nine months, which will give people more time to prepare. 

But it's not only the practical things, like changing driving licences or applying for citizenship or a residence permit that is troubling UK nationals.

Brits across Germany, like many others in Europe, have been experiencing the emotional impact of Brexit. With no withdrawal agreement in place, unanswered questions and fear over the future, anxiety is rising.

SEE ALSO: Join The Local today for unlimited access to all our sites

Sir Sebastian Wood, the UK’s Ambassador to Germany, and Axel Dittmann, head of the German government’s Brexit Task Force, both told The Local they understood why people feel this way, and sought to reassure them that authorities are trying to cushion the effects of Brexit.

“The Brexit vote in 2016 is a decision which we have to respect but that we very much regret – on all levels,” Dittmann told The Local. “And I can imagine that the upcoming exit of the United Kingdom from the EU creates anxieties for British people who have chosen to live here with us in Germany – some of you already for a long time.

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

“I can only underline once more that we are determined to ensure that all British citizens living in Germany can continue to live, work and study here – you are and will remain an important part of our society.”

Sir Sebastian said the embassy communicates regularly with the UK and nationals, and embassy staff have held events across Germany “to share the most up-to-date information and to answer individual questions”.

Since 2017 the embassy has held 37 information events across Germany.

Photo: DPA

“I understand that uncertainty can be difficult, but we are working closely with our German colleagues and with organizations like British in Germany to protect the interests of UK nationals,” he told The Local.

Some members of campaign groups such as British in Germany (BiG), as well as other Britons, have said they feel let down by the UK government for not taking into account the people who moved to Germany long before a Brexit vote was even announced. Some have even said they feel abandoned by the UK.

When asked about the rights of Britons in Germany who have set up lives here, Sir Sebastian said: “I know from meeting many of you that the UK’s decision to leave the EU has caused considerable uncertainty and worry, and we have been working closely with British in Germany and other groups to understand and address your concerns.

SEE ALSO: OPINION: Why Germany struggles to understand the issues at heart of Brexit

“I can assure you that safeguarding the rights of UK nationals living in the EU, and EU citizens living in the UK, has been a major priority for the negotiations. It was the first topic we discussed, and if it is ratified, the Withdrawal Agreement reached in November will protect the rights of more than three million EU citizens living in the UK and around one million UK nationals living in the EU”

The Ambassador added that a deal would ensure EU citizens in the UK and UK nationals in the EU, could “continue contributing to their communities and live their lives broadly as now”.

He added that the UK wanted to protect their rights “whether or not we leave the EU with a deal”. “The UK has already committed to do so, and – as I outlined earlier – we’re asking Germany and other member states to mirror the protections we have offered to EU citizens in the UK.”

Representing rights

Campaign groups like BiG and its parent group British in Europe have been and continue to play an important part in representing citizens’ rights in Germany and Europe.

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

Both Sir Sebastian and Dittmann acknowledged the work they do.

Dittmann said: “I absolutely agree with Jane Golding and Maike Bohn, who represent British in Europe and the3Million in regular meetings here in the Foreign Ministry, that citizen’s rights are of the utmost importance. This topic has been and will remain our top priority.”


Axel Dittmann. Photo courtesy of Axel Dittmann.

Sir Sebastian echoed this sentiment.

“Protecting the rights of citizens remains the UK’s top priority,” he said. “The British Embassy and Consulates have held events throughout Germany to inform British citizens working and living in Germany about their rights as the UK leaves the European Union.”

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

Brexit still up in the air

When asked about the UK’s failure so far to put a deal in place, Sir Sebastian emphasized that EU and UK negotiating teams “have worked very hard over the last two years to reach an agreement, and the UK Government remains confident that it can secure a majority in Parliament for a deal”.

The UK diplomat also said that the UK is gearing up “for a range of potential outcomes” just in case.

He said: “As a responsible government, the UK is continuing to prepare – as is the EU – for a range of potential outcomes, including the possibility that we leave the EU without a deal.

“The government has taken a number of steps to ensure that people and businesses are prepared for a no deal scenario, including publishing guidance on processes and procedures at the border and contacting businesses who trade with the EU.

“We have also encouraged businesses and individuals to make their own preparations, suitable for their particular circumstances.”

Lots of Brits in Germany have been making their voice heard by getting in touch with authorities — and even making contact via social media.

“Many British citizens get in contact with the Auswärtiges Amt (Foreign Office), the embassies and consulates or even directly with me via Twitter,” said Dittmann. “I am moved by their stories about how Brexit creates uncertainty and affects family lives and future decisions.”

He said authorities were trying hard to answer all the questions received.

“If the information can’t be found on the websites or isn’t covered by Q&As of the Auswärtiges Amt or the other ministries, citizens can receive direct answers from my colleagues or the colleagues of other ministries,” he added.

Registering for a permit

The German government has already said that all British nationals living in the Bundesrepublik will have to register for a permit after Brexit, regardless of whether there’s a withdrawal agreement in place or not.

Due to Germany being a federal country, power is devolved to individual foreigners authorities so each city carries out the process in a different way. For example, some authorities have asked Britons to register online and attend an interview when contacted. Others have sent letters, while some Brits are expected to look out for information online and get in touch.

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

“The system varies but the requirements are the same,” said Dittmann, regarding registering for a residence permit. “Thus I recommend checking the websites of the local foreigners authorities (Ausländerbehörden) regularly; many have started the registration system online or have informed British nationals about the requirements.”

Photo: Depositphotos/Shebeko

When asked why it is essential to take part in this process, Dittmann said: “The registration is important to be able to prove that you have lived permanently in Germany on Brexit date and that you are eligible for a permanent status. The federal government is currently working with the federal states to coordinate a uniform handling.”

In Berlin, British people have been told they will be invited for an interview after they register for a permit. As The Local has reported, this process could take several months as the foreigners authority have to contact each person. The capital has the highest population of Brits in Germany, with around 18,000.

“To register for a permit, it is indispensable that you hand in your documents personally in order to check your identity,” said Dittmann. “How and when this will happen depends on the respective foreigners authority and its scheduling system.”

There is also concern for Brits who receive unemployment benefits in Germany and how this will change after Brexit in the event of a no-deal.

Dittmann said in the case of a no-deal nothing will change during the transitional period (which Germany intends to extend from three months until the end of 2019 for Britons in Germany).

After that, the government will look at how to deal with this situation, and, if needed, it will create a new process.

Dittmann said: “The federal government intends to grant a residence permit to all British citizens concerned and their family members.

“This can also apply to cases in which the issue of residence permits is not possible under the current legal situation due to the stricter requirements of the national residence law compared to the EU law on the free movement of persons. If necessary, the federal government will examine the creation of necessary legal framework conditions.”

Will the UK’s relationship with Germany suffer?

When it comes to the relationship between the UK and Germany, Dittmann said he believed it wouldn’t suffer.

“Regardless of Brexit, I am absolutely convinced that the British-German ‘Freundship’ will continue to be strong,” said Dittmann, who said he had lived in London as a student as well as later during his career and described it as a “great place”.


Sir Sebastian Wood, British Ambassador to Germany, and the former Social Democrat party chairmen Martin Schulz and Sigmar Gabriel at a political event in Osnabrück, Lower Saxony, in January. Photo: DPA

“The United Kingdom will remain one of our closest partners – economically, strategically but also when it comes to people-to-people contacts,” he added. “So we are really looking forward to working together with our British partners on establishing that future close partnership.”

Sir Sebastian echoed this view, pointing to the history between the two countries. “The UK-German relationship goes back much further and extends far deeper than our membership of the EU,” he said.

“It has also overcome far greater trials than Brexit in its relatively recent history. So I am confident that whatever the future brings, our countries will continue to work together.”

To read all of The Local Germany's Brexit coverage click here

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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