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REVEALED: Brexit – 8,000 Brits in Berlin still haven’t applied for residency permit

More than 2,000 Brits in Berlin have been given a residence permit ahead of Brexit, while thousands still haven’t applied.

REVEALED: Brexit - 8,000 Brits in Berlin still haven’t applied for residency permit
Union jack flags at the Broken English shop in Berlin. Photo: DPA

More than 7,600 British people in Berlin still haven’t registered for a residence permit ahead of Brexit, The Local can reveal.

But of the 10,300 who have submitted their details in a bid to secure their future in Germany, more than 2,000 have been given permanent residence status.

Brits across Germany have been trying to secure their futures in the country amid the ongoing uncertainty over Brexit and the increasing likelihood of a no-deal departure.

But there are huge differences in this process depending on where Britons in Germany live.

In the capital Berlin where around 18,000 British nationals live, Brits are being asked to submit their details in an online registration form in order to be invited for an interview to get a residence permit.

As of July 2nd, 10,373 Brits had registered their details, according to new figures from Berlin’s interior senate department obtained by The Local. 

That means more than 7,600 Brits still haven’t submitted their details. 

The voluntary form, which was launched in January this year, offers British nationals living in Berlin the chance to apply for their residence status as the UK gets set to leave the EU by October 31st, even if a deal has not been agreed by then. 

The German government and local authorities have said that all Brits living in Germany will have to  register for a permit in future, regardless of whether Britain leaves with an agreement or not.

Of the 10,373 British nationals who have registered in Berlin, 2,343 have been invited for an interview at the Ausländerbehörde.

Here’s the number of permits that have been given out so far in Berlin:

Niederlassungserlaubnis (permanent residency or settlement permit): 2144

Aufenthaltserlaubnis (limited residence permit): 9

Fiktionsbescheinigung (fictional certificate, acts as a holding permit) : 182

Other: 8

The interior senate could not clarify which permits were part of the ‘other’ section but these could include documents such as a Blue Card.

For more details on the permits being given to British people in Germany, click HERE.

'It only took about 10 minutes'

The Ausländerbehörde (immigration office) is known as a stressful place for those in Germany who have to visit to get visas.

But British people have reported to The Local that the process of replying for a permit and going for an interview at the office in Berlin to be “straightforward” and “painless”.

The Ausländerbehörde in Berlin. Photo: DPA

Among those to receive a permanent residence permit is Jon Jardine, 50, a freelance developer originally from the UK.

Jardine, who's been in Germany since 2010, said: “The whole process was painless, it only took about 10 minutes all in.”

However, Jardine added that he felt frustrated over the fact that Britons in Germany are having to give up their EU rights.

“It really makes me angry because I don’t know anyone else who’s lost their citizenship before,” said Jardine.

Jardine had read about registration for Berlin in The Local and went to his appointment in May.

“There were quite a few other Brits there,” he said. “Even the security guard said 'Brexit?' And pointed us through.”

And Jardine's advice for those heading to an interview? Don't worry too much if your language skills aren't great.

“The woman was happy to do the interview in English so you don’t have to worry about your level in German,” he said, although he added that he did some of the meeting in German.

READ ALSO: Brexit limbo: How Brits in Germany are trying to secure their futures

Plus, remember to check that everything on the residence permit, which is attached to your passport, is spelled correctly.

“The stamp on my passport with my name is spelled wrongly,” he said. “So I have to email them and tell them about that.”

'Incredibly straightforward'

Glasgow-born Ross Dunbar, who's been in Germany just over five years, called the process “incredibly straightforward and quick”.

Dunbar also registered after reading The Local's report and then got an email from the Ausländerbehörde asking him to come to an appointment. 

“There wasn’t many questions, they just checked my work contract,” said Dunbar. The employee confirmed to Dunbar “that people who’ve stayed for longer in Germany would be dealt with first”.

After a 15-20 minute delay to his appointment, Dunbar received permanent residence and was given the sticker in his passport. 

“Shorter-term residents will get called in soon, so I was told,” he said. 

The German government and local authorities have already said that all British nationals living in the Bundesrepublik will have to register for a permit in future, regardless of whether Britain leaves with an agreement or not.

British nationals are being urged to check with their local foreigners authorities to find out what the processes are. You can find your local office here and here's a list of authorities that have already published information on Brexit.

For example, Berlin is asking Britons to register now, inviting them for an interview and handing out residence permits. In Bonn and Düsseldorf, Brits can also apply through an online registration process. 

'Incredibly helpful'

For Berlin-based Jenny Tonge, the process of getting a residence permit felt like “personal empowerment”. 

“I want to emphasize how incredibly helpful the whole thing has been,” she told The Local .”Firstly it empowered me to feel that I had done something personal to oppose Brexit and to directly disentangle myself from the Tory party.

“I really strongly, as do the rest of my family, believe that Europe should be making more connections rather than cutting ourselves off.

Tonge, 57, a yoga therapist, also received the permanent residence permit earlier this year. She had to fill in a long form, bring her passport and proof of work to the appointment, plus a photo for the permit.

She praised the process.

“Beyond the Bureaucratic presentation and faceless large building (of the Ausländerbehörde) there was kindness and consideration and every single German person, and other nationalities I met there were really the best of the system,” she said.

Tonge said she also spoke English for much of the conversation in the foreigners office, which indicates that staff are open to speaking English.

Now she feels relief at completing the process.

“I was scared what could happen,” she said. “I just feel very grateful that they took responsibility. I don’t know what’s happening in Spain or Italy or France but it just felt like Berlin was being helpful.”

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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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