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Brexit: What changes in Germany from January 2021?

Now the Brexit transition period has ended, Britons will start to notice some differences - especially when travelling between Germany and the UK. Here's what is set to change.

Brexit: What changes in Germany from January 2021?
A flag hangs outside of the British Embassy in Berlin on December 24th. Photo: DPA

Although the UK actually left the EU in January 2020, the rest of the year was a transition period, which meant that on a day-to-day basis not much changed.

But after the end of the transition period on December 31st 2020, the differences will start to be felt.

Here's an outline of what is changing.

And for more information on key dates read our story here.

Passport queues

From January 1st 2021, British people no longer get to use the EU passport queue at ports, station and airports.

This probably won't have a huge impact on most people but the non-EU passport queue tends to be longer so if you are planning a very tight connection it might be wise to bear this in mind.

REMINDER: What Brits in Europe need to know about travel from January 2021

Freedom of movement ends

After December 31st 2020, British nationals can no longer take advantage of freedom of movement. They must be resident in Germany if they want to take advantage of the more generous provisions of the Withdrawal Agreement, which guarantees right to residency, work and life-long health cover.

And if they are resident in Germany at the end of the year, moving elsewhere in Europe after December 31st won't be as easy because onward freedom of movement comes to an end at the stroke of midnight. Sob.

READ ALSO: Brexit will throw up endless hurdless, but we'll be there to help

Documents for travel in 2021

German and UK authorities have also both said that if planning to travel in January 2021 (and possibly longer) Brits resident in Germany should take with them their proof of their residence.

That's because most British people in Germany do not have their residency document yet, which provides proof. So other documents to show this include an Anmeldung registration document, a rental contract, a work contract or a bill with your address on it.

If you are checked at the border, you can produce a document like this to show you live in Germany. However, there have been reports of authorities not accepting documents.

Adding to the complication is the UK travel ban in place over the mutant coronavirus strain. British people who are resident in Germany were told they could come back into Germany from January 1st but they must bring proof of their address and undergo testing and a quarantine period.

READ ALSO:

Passports

From January 1st, British passports that have less than six months until their expiry date will no longer be valid for travel within the EU.

This is the same rule that is already in place for British travellers to several other countries, including the US, but will now also apply when travelling inside the EU. So anyone whose passport is nearing its expiry date will need to renew.

A British Airways flight lands at London Heathrow in October. Photo: DPA

Visas

Any British national who wants to stay in Germany for more than 90 days out of every 180 will from January 1st need a visa.

This applies to both people who want to move here and holidaymakers or second home owners who want to spend more than 90 days at a time here.

There are still some question marks over how things will operate for cross-border workers, for example. We'll let you know as soon as we have more information.

Residency

Britons who were living in Germany before December 31st 2020 have until June 30th 2021 to report their residence to their local foreigners authority (Ausländerbehörde) in order to be able to obtain the new residence document.

Some states have already started the registration process. For example, in Berlin, many people registered their details months ago and have been told the Ausländerbehörde will get back to them. So don't worry if you have submitted your details but haven't heard anything yet.

However, if you are unsure, contact your local foreigners authority to ask what the process is.

READ ALSO:

There is still time but authorities have urged people not to wait until the last minute to apply for the residency document.

The document costs the same as a German identity card: €37 for people over the age of 24 and €22.80 for those under this age.

If you apply after this date, your application will most likely be dealt with under the much stricter rules for third country nationals.

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

Driving

The UK government previously advised Brits to change their driving licence to a German one by December 31st 2020.

But now the updated advice from the government says Brits can continue to use their British licence in Germany until July 1st 2021.

From this date they say you may need to take another test to exchange your licence, so it's best to change it before July 2021.

If you hold a licence from Gibraltar, Jersey, Guernsey or the Isle of Man, if you haven't exchanged your licence before January 1st 2021, you may need to take a test.

To obtain a German licence, start by looking up the information on what documents you need on the local government website of the city you live in. In Berlin you need to book an appointment online at your Bürgeramt (administrative office) and attend a meeting.

Generally, you need to apply for the licence through the Führerscheinstelle at your local administrative office.

An International Driving Permit is not a suitable alternative to exchanging your licence, the UK government has advised.

If your UK driving licence is lost, stolen or expires, you will not be able to renew it with the UK Driver and Vehicle Licensing Agency (DVLA) while you are resident in Germany.

Healthcare 

If you are a visitor you will also need to have either health insurance or travel insurance that covers health costs when travelling in Germany as British people will no longer be covered by the European Health Insurance Card (what used to be known as the E111) so if you fall ill or have an accident while travelling you could end up facing hefty medical bills.

British residents living in Germany will need to register with the German healthcare system if they have not already.

Identity cards

From October 2021, the UK will no longer allow entry from EU citizens with an ID card; only a passport will be accepted. This won't affect many Brits as German ID cards are only issued to German citizens, but if you're planning a trip to the UK with a German partner or friend you need to remind them that they will need a passport to travel.

We are phasing out the use of national identity cards as a valid travel document. From 1 October 2021, most EU, EEA and Swiss nationals will require a passport to travel to the UK.

➡️ https://t.co/OdGkDdvRbK pic.twitter.com/DrpQkVW8q0

— Home Office (@ukhomeoffice) October 8, 2020

Pets

Probably the biggest post-Brexit travel complications are for four-legged travellers, since the EU Pet Passport scheme, which has allowed reasonably frictionless travel for dogs, cats and ferrets, will no longer apply.

An agreement of sorts has been reached on this, with the UK being granted 'listed' status. But travelling with a pet will still be more complicated and require different paperwork – full details 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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