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‘No big bang but things will change down the line’ : How Brexit will affect Brits in Germany

We spoke to Matt Bristow from British in Germany to find out Brexit impacts Brits in Germany immediately – and in the coming years.

'No big bang but things will change down the line’ : How Brexit will affect Brits in Germany
Pro-EU campaigners in London earlier in January. Photo: DPA

When UK citizens woke up on Saturday they might not have felt any different. But many of them lost their EU citizenship. So what changes for Brits living in Germany?

“The main message is for the most part nothing particularly changes this weekend,” Matt Bristow from citizens right group British in Germany told The Local ahead of Brexit.  “You still enjoy your full freedom of movement rights as if you were an EU citizen.”

During the transition period, which lasts until December 31st 2020 unless it is extended, British people in Germany won’t notice any big differences due to Brexit. 

But there is one immediate change: Brits lost the right to stand and vote in local and European elections from February 1st.

Bristow explained that Brits were not able to vote to elect the mayor of Leipzig “but  they would have done if they were still in the EU,” he said.

“For the most part when it comes to residence, employment rights, etc, British citizens will be treated the same as EU citizens.”

We still don't know exactly what will change after the transition or grace period as lots of things remain up in the air. Here's some of the things we know (and don't know) so far.

READ ALSO: Brexit: What should Brits think about before January 31st

Residence rights

The German government hasn't confirmed which system it will opt for when it comes to residency permits for Brits in Germany after the transition period.

Bristow said: “We haven’t got any clarity from the federal government about what system is going to be put in place, whether they’re going for the declaratory option, which means people have their rights already (and don't have to re-register) but they can get a piece of paper to prove it if they want.

“Or whether they’re going down the route of a constitutive system where people would have to apply for the rights to remain under the Withdrawal Agreement, similar to the 'settled status' process in the UK.”

British in Germany is discussing this with German officials in a bid to get clarity.

“We think a declaratory system would be better because it reduces the risk of people falling through the gaps of the system,” said Bristow.

Matt Bristow of British in Germany in Berlin. Photo courtesy of Matt Bristow

Germany has previously said that British people must apply for a residence permit to legally stay in the country. So Brits should make sure they are officially registered (Anmeldung) to prove they live in Germany. And then they can contact their local Ausländerbehörde to find information on how they can apply for a residence permit.

Last year Berlin set up a registration process to get a head start on Brexit, and in case a no-deal left Brits in limbo.

Berlin authorities told us that as of Wednesday this week 13,878 British nationals out of a total of around 18,000 had registered online.

Of those, 3,136 have been invited to interviews. A total of 2,738 have been given a Niederlassungserlaubnis (permanent residency), 29 have received an Aufenthaltserlaubnis (limited residence permit), 349 a Fiktionsbescheinigung (holding permit) and 20 have been given other permits.

Some other immigration authorities across Germany have also already handed out residence permits. 

However, immigration offices have hit pause on the process until they are given the green light from the government on what happens next.

Bristow said there's a chance that all those who've been given residence permits would have to go back to the immigration office and receive a different permit depending on what route the government decides to go down when it comes to residency rights.

Those wishing to move to Germany under current rules have until the end of the transition period (December 31st). Brits then have a further six months to apply for a residence permit under the Withdrawal Agreement (assuming Germany still requires Brits to apply.)

REMINDER: What the Withdrawal Agreement means for British citizens in Germany

Contradicting information

Brexit is confusing for all involved, not least regular citizens. But as Germany is a federal country it adds another layer of  difficulties because each local authority and state has different ways of doing things.

Recently, a British student based in Konstanz was sent a letter saying she'd have to pay international fees due to Brexit, even though that shouldn't have been the case. As British in Germany highlighted in this tweet, the university said they got it wrong and apologized.

However, it highlights the confusing information out there, and how citizens can get caught up in the system.

Last week, a British student at a German uni received a letter saying she‘d have to pay international tuition fees from next semester due to #Brexit

Fortunately @unikonstanz has apologised and admitted it got it wrong ??

But this highlights the confusion around #citizensrights https://t.co/084Lq6qYLp

— British in Germany (@BritsinGermany) January 27, 2020

“I think like we've seen in the case at the weekend there’s a complete lack of information at the moment and we need to try and fill some of that vaccum,” said Bristow.

“Both citizens themselves and the local authorities, institutions and governments are in desperate need for some guidance from the federal government.”

What else should Brits be aware of?

Although there are no big changes immediately, there will be some in future.

After the transition period ends, Brits won't have full freedom of movement across the EU anymore. It will become harder to work across different EU countries.

“At the moment if you just work in Germany, and next year you also wanted to work in France you wouldn’t be able to do that so easily – you’d need a work permit for that,” said Bristow.

Photo: DPA

“One thing we’re campaigning for is people to have the right for onward free movement and for people to be able to work in other countries within the EU whether that’s as an employed person or providing services across borders.”

Bringing a foreign partner to the UK

Another big issue is about how Britons can return to the UK in future with their non-British partner or family.

“People who have a non-British partner who might at some point want to move back to the UK will find it more difficult in future,” said Bristow. “They’re able to do so up until a certain date under the Withdrawal Agreement but then that right expires. After that you’re subject to UK national immigration.”

READ ALSO: The ultimate Brexit checklist for Brits in Germany

It means Brits would have to reach the minimum income thresholds to allow them to bring their foreign partner to live with them.

“There’s lots of people who are saying at some point I might have to choose between my parents and my partner and children,” said Bristow.

Brexit is “not so much a big bang at the moment, but there are things down the line that will have huge impact on people’s lives,” he added.

Applying for German citizenship

For those looking to keep EU citizenship, applying for a German passport is one way to do this. Britons will have until the end of the transition period to apply for German citizenship if they meet the criteria, and they'll still be able to keep their British citizenship.

After the transition period Brits applying for a German citizenship will have to give up their British citizenship.

READ ALSO: What you need to know about applying for German citizenship

Other daily logistics

When it comes to healthcare and other parts of daily life, things largely remain the same, although it is worth checking that everything is in order with your health cover – through the S1 system if you are a pensioner or under the German healthcare system.

“If you are living in Germany or move there permanently before 31st December 2020, you’ll have life-long healthcare rights in Germany as you do now, provided you remain resident,” the UK government says.

You could also think about changing your driving licence to a German one.

Brits have also been urged to get professional qualifications recognized.

If there are outstanding things that need to be arranged it will almost certainly be easier to do them during the transition period.

There remains uncertainty for Brits in Germany but it should become clearer over the coming months.

For now, keep an out on The Local for the latest updates, as well as British in Germany and British in Europe.

“If you run into difficulties contact the British Embassy or look for advice,” said Bristow. “There’s a lot of confusion out there so don’t be afraid to ask questions.”

To find out more about how to join or donate to British in Germany click here.

British in Europe have been publishing detailed analysis of the Withdrawal Agreement and what it means for Britons across the EU. You can find out more HERE.

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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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