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Brexit: Brits in Germany urged to apply for residence status before 2021 deadline

Brits in Germany have been urged to take steps to ensure they can stay in the country after the transition period ends.

Brexit: Brits in Germany urged to apply for residence status before 2021 deadline
An archive photo of Big Ben in London. Photo: DPA

The British Embassy held a virtual info evening on Monday along with the German Foreign Office and other government officials.

They answered questions from Brits on several topics including residency rights, working in Germany, benefits, travel and banking.

However, the event showed just how many Brexit topics are still unclear with less than three months to go until the transition period ends on December 31st 2020. Due to the sheer volume, many questions posed by Brits across Germany went unanswered.

One thing that both British and German authorities were very clear on was that Britons needed to get ready for change.

Both Robbie Bulloch, Deputy British Ambassador in Germany, and Axel Dittmann, head of the German Brexit Taskforce at the German Foreign Office, urged Britons to apply for their residency document before the deadline of June 30th 2021 – six months after the transition period ends.

“We are approaching an important date,” said Dittmann.  “At the end of the year the transition period will end. The practical provisions of the Withdrawal Agreement (WA) which was concluded prior to the United Kingdom exiting the EU on 1st February will then become applicable, particularly those regarding the rights of citizens.”

Dittmann said the WA “ensures that EU and UK nationals covered by it generally benefit from the same rights to work, to study, to access other services and benefits in Germany as before the UK left the EU and we are fully committed to implementing these provisions”.

READ ALSO: Q&A – What does Brexit mean for my rights as a Brit living in Germany?

Right of residence

As The Local previously reported, Germany has proposed draft legislation which will grant people covered by the WA the right to reside in Germany by law.

“This is a so-called declaratory process, it means the right of residence is automatic if you fulfill the requirements,” said Dittmann.

“You will retain this right as long as you remain resident in Germany and you may also bring close family members to live with you here in Germany. What you have to do is to undergo an application process to claim it.”

Dittmann said after Brits obtain this right you they get a new residence document. 

“We expect this legislation to be adopted in November and to come into effect in January,” he said.

Dittmann urged Brits to register with their local Ausländerbehörde (Foreigners Authority) by the end of June 2021 – the deadline is six months after the end of the transition period. 

“You will then be provided with a residence document with only some routine checks such as establishing your identity.”

READ ALSO: What Brits in Germany need to know about draft law to guarantee residency

Don't panic

As a first step, Brits (as well as everyone else who lives in Germany), must register their address in the UK (the Anmeldung process).

People at the event raised concerns that they hadn't heard anything from their local government or Ausländerbehörde.

A spokeswoman from the Interior Ministry said Brits should not panic if they haven't heard anything.

She said most Foreigners Authorities would not start procedures until December or even January so things won't kick into action until after the transition period ends.

However, Dittmann did say: “I would advise you to do it early, don’t wait around. Go and file for this right (to receive your residence document) quickly.”

READ ALSO: Q&A will I be able to move to Germany after the Brexit transition period?

He added that access to the labour market and social security would remain for Brits in Germany covered by the WA as before.

But when it comes to getting professional qualifications recognised, authorities urged people to take action if affected.

“If you haven’t obtained your recognition yet you have to submit your application by December 31st 2020 to profit from the current rules on recognition,” said Dittmann. “This is important if you want to exercise a regulated profession here in Germany, for example architects, medical doctors, midwives or vets. 

“Formal recognition of qualifications for vocational training is only necessary if you intend to work in such a regulated profession.”

'We are in the course of setting up the system'

When it comes to health insurance, authorities said those covered by the WA will have the same rights in Germany as is the case now.

“That means you will continue to have access to health insurance on the same basis as a German national,” he said.

“So we are in the course of setting up the system to fully implement your rights under the Withdrawal Agreement. I can assure you that my colleagues from the other ministries and the Foreign Office are working hard on this.”

Dittmann added that German authorities were in touch with local governments to make sure everyone knows the new rules.

“We are also in contact with the states and municipalities who have to implement it to make sure everyone in the administration knows what to do,” he said.

We will address some more of the topics touched on in the meeting in the coming weeks

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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