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Brexit: Germany passes law to guarantee rights of British residents

Germany has passed a new law that gives UK nationals living in the country a secure residence status.

Published: 27 November 2020 12:52 CET

Brexit: Germany passes law to guarantee rights of British residents

Boris Johnson and Angela Merkel in Berlin in January 2020. Photo: DPA

The new legislation writes into law the regulations applicable in Germany for the continued residence of up to 100,000 UK nationals and their family members who will be living in Germany on December 31st 2020.

The law effectively guarantees UK nationals living in Germany by the end of the year a secure residence status and the right to stay.

But there are certain conditions that Brits must abide by.

For a start they must report their residence to the foreigners authority (Ausländerbehörde) responsible for their area of residence by June 30th 2021.

READ ALSO: Britons in Germany urged to apply for residence status by June 2021

Germany's Interior Ministry adds: “It is not sufficient for them to register with the residents’ registration office (Einwohnermeldeamt). Having reported their residence to the foreigners authority, they will be issued with a residence document.

The Aufenthaltsdokument-GB card will look something like this.

If you’ve been in Germany for over five years and have gained permanent residence under the WA, then this can also be noted on the card (but you’ll need to ask explicitly for this to be included) pic.twitter.com/gchY9EBiKG

— British in Germany (@BritsinGermany) November 25, 2020

“This may take some time, but the legality of their residence status will not be affected.”

The ministry reminded Britons that they will only be covered by the legislation if they move to Germany before the end of December 2020.

And those who intend to move to Germany after the end of the transition period on December 31st will therefore be subject to different rules.

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

“Such people will be subject to the rules that apply to all other third-country nationals: for longer stays or the pursuit of an economic activity in Germany, they will require approval from the foreigners authority,” the interior ministry says.

“If they wish to remain for anything beyond a short stay or certain working visits in the Schengen area, as of 2021 they will need a visa before entering Germany.”

READ ALSO: What Britons in Germany need to know about the law that guarantees residency

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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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