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Can Boris Johnson win over Germany during Brexit talks?

Probably not, but he’s going to try anyway.

Published: 19 August 2019 11:24 CEST
Can Boris Johnson win over Germany during Brexit talks?
Emmanuel Macron, Boris Johnson and Angela Merkel. Photo: DPA

Boris Johnson is set to meet European leaders this week as he embarks on his first trip abroad since becoming UK prime minister in July.

And, according to media reports, Johnson is expected to use his trip to urge German Chancellor Angela Merkel, as well as France's President Emmanuel Macron, to restart negotiations in a bid to avoid a no-deal Brexit, and to inform them that the British parliament cannot reverse the outcome of the Brexit referendum.

He is expected to visit Merkel in Berlin on Wednesday and lunch with Macron in Paris is scheduled for Thursday, ahead of the G7 summit of world leaders in Biarritz.

“Johnson is expected to tell them that they have two months to agree a deal acceptable to the cabinet and parliament, without which the UK will exit without an agreement on Halloween,” said the Sunday Telegraph newspaper.

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

Merkel had invited Johnson to visit Berlin following his appointment as PM.

However, it is unlikely Merkel will stray far from the agreed line when it comes to Brexit. Up to this point, the EU has refused to start new Brexit negotiations with Johnson, saying that a deal had already been struck with Johnson's predecessor Theresa May.

That deal has been rejected by the British parliament on three occasions, leading to the resignation of May. 

Last week Merkel did, however, speak out over the importance of close ties between the UK and the bloc with regards to a future trading relationship. Germany is currently in a tough position, with suggestions that a recession is on the horizon.

During a meeting in Lithuania, Merkel said she had made clear “that we want a withdrawal that will at the same time yield a close partnership between Britain and EU member states”.

'High probability of no-deal'

It came after internal documents revealed on Friday that the German government believes there is a “high probability” of a no-deal Brexit on the October 31st deadline. In the paper, the government said it is “inconceivable” that Johnson will soften his tough position on the Irish backstop. 

The assessment of the situation was made in an internal Finance Ministry document which underlines the German government’s firm opposition to any re-negotiation of the withdrawal agreement as demanded by Johnson.

Meanwhile, according to a report in the Sunday Times sourced from leaked documents, the UK government expects shortages of food, medicine and petrol in the event no withdrawal agreement is struck.

As The Local has reported, Germany has been stepping up its preparations for a no-deal. In this scenario, British people living in Germany would assume the status of Third Country Nationals, similar to citizens from countries that are neither members of the EU nor of the EEA.

However, the German government plans 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.

British nationals have also been warned by the British Embassy in Germany to prepare for the possibility of a no-deal. They've been urged to register with their local immigration office (Ausländerbehörde).

The German government has repeatedly said that no Briton will be asked to leave Germany in the event no agreement is struck.

If no withdrawal agreement is in place by October 31st, Germany plans an initial transition period of three months, which will likely be extended by a further six months. This will give Brits more time to apply for a residence permit to ensure they can stay in the future.

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

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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.

Published: 8 December 2023 14:34 CET
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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