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IMMIGRATION

Giving up being British: What you should know about becoming German after December 31st

After the Brexit transition period ends, Britons will have to give up their British citizenship if they want to become German.

Published: 10 November 2020 10:16 CET
Updated: 22 November 2020 09:44 CET
Giving up being British: What you should know about becoming German after December 31st
A pro-EU demonstrator in London on October 21st 2020. Things will change drastically for Britons after December 31st. Photo: DPA

From December 31st 2020, at the end of the UK’s Brexit transition period, the immigration status of Brits in Germany will change. For most people this will mean that, if you apply for German citizenship in the future, you will first need to give up your British citizenship. 

While this undoubtedly sounds scary, the process is actually quite simple – or at least a lot simpler than making the decision to get citizenship in the first place! So, if you’re thinking about swapping your British passport for a German one, here are five key questions to consider, along with some tips for navigating the complex world of citizenship law.  

READ ALSO: How thousands of Brits in Germany will be in limbo after doors close on dual nationality

Will I need to get German citizenship to stay in Germany?

The short answer is no – but there are several benefits to doing so. Under the terms of the Withdrawal Agreement agreed between the UK and the EU, British citizens who move to Germany before December 31st can register for a residence permit which will allow them to live and work here as before. 

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

The German and Union Jack flags. Photo: DPA

Of course, whether you plump for German citizenship over British is an entirely personal decision. Many people are perfectly happy to live in Germany on a residence or permanent residency permit, which allows them to live here unimpeded and retain most of the rights they enjoyed previously.

Be aware though: without German citizenship, you won’t have the right to vote in any elections, whether local, European, regional or national, and you will lose your right to free movement – i.e. the ability to live and work – throughout the EU. You may also lose access to certain jobs that are reserved exclusively for German or EU citizens, unless you have another ‘backup’ EU citizenship like Irish, French or Polish.

There is another side to the story, however. In giving up your UK citizenship you may make returning to Britain much more difficult for you and your family in the future, and could lose other benefits such as access to social security support.

If you’ve weighed up the pros and cons and decided that German citizenship is best for you, then you’re ready to start the process of renouncing your British citizenship.

READ ALSO: Brexit – 'Brits should try for German citizenship even if they think they don't qualify'

How do I go about giving up my British citizenship?  

It may be a major life event for you, but as with most modern bureaucracy, your first step to renouncing British citizenship is to fill in an online form. This form – known as “Form RN” – is around six pages long, and simply asks for your personal details, the nationality you are giving up, and the nationality you hope to gain afterwards.

After filling it in, you’ll need to sign it and also find a countersignatory who can confirm that you’re of “sound mind” and that you believe that giving up your British citizenship is in your best interest. 

Along with your application, send the Home Office proof of your British citizenship, such as a passport or birth certification, and a letter from your local Citizenship and Naturalisation Office in Germany stating that you will be conditionally entitled to citizenship once you’ve renounced your British one.

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

How can I prove to the German authorities that I’m no longer “British”? 

After submitting your RN form on the UK government website, you should receive a ‘declaration of renunciation’ to confirm that your application has been accepted. This is basically a copy of your application that has been signed and stamped. The date at which you lose your British citizenship – six months from the date of application – will also be printed on the form.

Archive photo shows British Prime Minister Boris Johnson and German Chancellor Angela Merkel in Berlin. Photo: DPA

You can use this declaration as evidence that you’ve successfully asked to give up your old citizenship. Submit the documentation along with your other citizenship documents, which will include copies of your birth certificate, information relating to your residence and work in Germany, confirmation of your German language skills (B1 or higher) and a certificate to say you’ve passed your citizenship test.

The exact documents you need will be dependent on your personal circumstances, and you should always speak to a citizenship advisor at your local Citizenship & Naturalisation Office (or Einbürgerungsbehörde) before you start the process.

A word of warning, though: due to rules in the UK designed to protect citizens from becoming stateless, your application to give up British citizenship will expire within six months. This means that, should you not receive your German passport within that time, your application to renounce your citizenship will be cancelled and you may have to reapply.  

READ ALSO: What Brits in Germany should know about travelling after December 31st

Can I get my old citizenship back after I renounce it? 

Generally speaking, yes. If you decide to leave Germany to move back to the UK, there’s always the chance of regaining your British citizenship, although this will probably mean swapping one passport for the other again. 

At this point, you will probably be familiar with how it all works: just hop online once more and fill in yet another government form: in this case, Form RS-1. This time, the form will be quite a bit longer, and you’ll need to show that you’re of “good character”, which essentially means not having any prior criminal convictions or involvement in extremism or terrorism. 

You will also be asked to prove that you are entitled to British citizenship, and that you were required to give it up in order to gain German citizenship. Again, a letter from your local Citizenship & Naturalisation Office will probably suffice. 

If you’re still not sure about the best way forward, it may be worth talking to an immigration lawyer about your situation. Choosing a citizenship can have huge implications for social security payments, right of abode and more, so it’s best to learn the full ramifications of your choice before making a final decision. 

As a best-case scenario, a lawyer may also be able to inform you further about any relevant exceptions to the dual nationality rule under German immigration law. Who knows? You may even be able to dispense with Form RN altogether.

Is there still a chance for me to get dual nationality before the deadline?

If you’re lucky enough to qualify for citizenship now (which usually means being in the country for at least eight years, or being married to a German for two and resident in the country for three, but there can be exceptions so check with local authorities), you absolutely still have time to apply and qualify for dual nationality.

Regardless of when your application is accepted, the exception on dual nationality will still apply as long as you get your application in by the 31st December this year. If you’re in this position, don’t wait around: get a phone appointment with your local citizenship office and kickstart the process as soon as possible.

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

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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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