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Germany’s no-deal Brexit residency law leaves ‘many questions unanswered’

Campaigners say there is still uncertainty over the rights of British people in Germany – even though the German government has proposed a 'no-deal Brexit residency law'.

Germany's no-deal Brexit residency law leaves 'many questions unanswered'
Archive picture shows the Brexit mural by artist Banksy in Dover, UK. Photo: DPA

Matt Bristow from British in Germany (BiG) told The Local that the group welcomed the “step forward” by the German government to bring in legislation that guarantees all British people and their family members living in Germany will receive residence permits if the UK crashes out of the EU without a deal.

Germany has previously said no British person will be forced to leave Germany as a result of Brexit  but the draft law – called the Brexit-Aufenthalts-Überleitungsgesetz (Brexit Residence Transition Act) – goes a step further to provide reassurances to British nationals.

READ ALSO: New law set to guarantee Brits residency in Germany in case of no-deal Brexit

However, Bristow said the full text of the draft law must be viewed to check that it “covers everyone”. The Foreign Office has not yet published the details of the proposed legislation, which has to go through the Bundestag and would only come into force in the event of a no-deal.

The UK's Prime Minister Boris Johnson has repeatedly said that he wants to ensure the UK leaves the EU, whether a deal is in place or not by October 31st this year.

Becoming a Third Country National

In a no-deal scenario, British people living in Germany would assume the status of Third Country Nationals.

“We will be looking closely to see if it covers everyone, including those who wouldn’t otherwise necessarily qualify for standard Third Country National residence permits,” Bristow told The Local.

Details were missing from the German Foreign Office's announcement on the proposed legislation, Bristow said, such as what happens to pensioners in Germany who have their healthcare covered by the UK's NHS.

“Whilst it appears that the draft law will provide clarity around residence rights and access to the labour market, there are still many questions left unanswered,” he said.

“For example, what will happen to pensioners whose healthcare is currently paid by the UK? Will this group of people suddenly have to find hundreds of euros per month to pay for health insurance, as previous information has indeed suggested?

“At a time when the value of British pensions is falling for people living in Germany, this is money that many can ill-afford.”

Bristow said there were issues that “cannot be resolved unilaterally, or even in a bilateral agreement between the UK and Germany”.

“For example, to protect the state pensions of people who have worked in more than one EU country we need an agreement at European level,” he said.

British in Germany, which is a branch of British in Europe, is calling on governments to declare their support for ring-fencing the citizens’ rights section of the Withdrawal Agreement in the event that no overall deal can be agreed.

“We also still want to see British citizens living in the EU27 to continue to enjoy freedom of movement around the EU, as under current plans we would be landlocked, unable to move from one EU country to another,” Bristow said.

He added that there was “still a long way to go until all our existing rights are fully protected”.

No-deal to cause major job losses in Europe

The announcement came as a new study predicted a no-deal Brexit would result in the loss of 1.2 million jobs across Europe, including 291,930 in Germany.

Source: Leuven University

The study by Belgium's Leuven University found the country expected to suffer the most, perhaps not surprisingly, is the UK, where more than 500,000 jobs would be lost – up to five percent of its total workforce.

Ireland would be one of the worst-hit countries, as it stands to lose 50,330 jobs. Belgium too would lose a higher percentage of jobs, with 42,390 jobs expected to be cut there in a no-deal scenario.

Source: Leuven University

The study also looked at the potential impact if the UK left with an agreement. In that case, the number of jobs lost across Europe would be smaller – but still significant.

Germany, which has a high employment rate, would face 69,060 job losses even if Britain leaves the EU with an agreement.

Researchers took into account how supply chains across the EU and globally would be disrupted, as well as the countries' direct trade links with the UK.

To calculate the impact, researchers defined “leaving with an agreement” as a situation where the UK leaves the EU but remains part of the internal market or the European Customs Union.

For the projected no-deal scenario, researchers assumed the UK would leave the single market and fall back on trading rules of the World Trade Organization.

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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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