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BRITONS IN EUROPE

‘Mixed feelings’: British citizens in Europe finally get right to vote for life

British citizens living abroad will no longer lose their right to vote in UK elections if they have been abroad for over 15 years, after a long-term government pledge finally became law. Here's what we know about the new rules.

Published: 27 May 2021 16:59 CEST
Updated: 28 April 2022 16:49 CEST

'Mixed feelings': British citizens in Europe finally get right to vote for life

Photo: Leon Neal/AFP

What’s happened?

The UK government’s Elections Bill finally passed through the House of Lords in the British parliament on Wednesday night. Part two of the bill was was hugely important for British citizens living abroad because it restored their right to vote in UK General Elections, no matter how long they have lived abroad for.

Previously the so-called ’15-year rule’ meant Brits who had been out of the country for more than 15 years lost the right to vote back home. This rule effectively barred tens of thousands of Britons abroad from voting in the 2016 EU referendum, despite the fact the result had a direct impact on their lives.

It is believed the bill now extends voting rights to some 3.5 million British nationals living around the world, over one million of those living in Europe.

The move marks a victory for those Britons who have long campaigned against the 15-year rule, none more so than 100-year-old Harry Schindler, a British citizen living in Italy who began the campaign many years ago.

What’s the reaction been like?

Whilst the reaction has been mainly positive to the change, there were reasons for Britons not to be satisfied.

Jane Golding, former co-chair of British in Europe, and chair of British in Germany was, like many, unhappy with the another element of the bill that means voters will have to show mandatory photographic ID at the polling station, a move that critics say will make it harder for less well-off citizens and young people to vote.

“We are of course very pleased to have our votes back and pay particular tribute to the tenacious campaign that Harry Shindler has run for many years to make this happen,” Golding told The Local.

“Members of our British in Europe steering committee, including myself, have also campaigned for many years to make this a reality but it is difficult to celebrate a bill that undermines the independence of the Electoral Commission and will probably make it more difficult for lower income or disadvantaged UK resident citizens to vote. Moreover, the proof will be in the pudding: a right is only a reality when it is properly implemented.”

Sue Wilson, from Bremain in Spain also struck a similar note.

“Today’s long-awaited result brings with it mixed feelings. My 15 years outside of the UK will be up in August, so my stake in the outcome is very personal. I should feel like celebrating the overdue restoration of our democratic voting rights.

“However, it’s impossible to ignore the cost to others and to UK democracy in general. Where we are gaining back voting rights, others will be disenfranchised by the new requirement for photo ID. The bill has also removed the independence of the Electoral Commission and made it easier for foreign money to influence future elections. What should today feel like a win, sadly does not.”

What are ‘votes for life’?

The new rule will allow British citizens living in another country to continue participating in the democratic process in the UK by retaining their right to vote – no matter where they live or how long they have been outside of the UK.

The changes were part of the Elections Bill, and also make it easier for overseas electors to remain registered for longer through an absent voting arrangement.

This means electors will have to renew their registration details every three years instead of annually.

How can British people overseas use ‘votes for life’?

The new “votes for life” will apply to all British citizens living overseas who have been previously registered to vote or previously resident in the UK.

The absent voting arrangement means individuals will be able to reapply for a postal vote or refresh their proxy vote at the same time as renewing their voter registration.

However, overseas electors will only be entitled to register in respect of one UK address, with clear rules put in place surrounding this.

British people wishing to register to vote under the new measures will also have to show a “demonstrable connection” to a UK address.

Furthermore, individuals will have to register in the constituency of the last address where they were registered to vote, or the last address where they were a resident.

The government states that someone can demonstrate their last address by checking past copies of the electoral register or local data such as tax records, or by documentary evidence or, “failing the above, an attestation from another registered elector”.

Why has the UK government made these changes?

Unfortunately this comes too late for many Brits abroad to get a say in the thing that has had the biggest impact on their lives – Brexit – but it’s better late than never.

In a previous press release, the UK government stated that decisions made by UK Parliament impacts British citizens who live overseas and so they should have a say in UK Parliamentary General Elections.

It specifically mentions decisions made surrounding foreign policy, defence, immigration, pensions and trade deals.

But issues such as NHS access, UK university fees, nationality and border measures are also of huge significance to Britons living abroad.

Lord True, Minister of State for the Cabinet Office, said previously: “In an increasingly global and connected world, most British citizens living overseas retain deep ties to the United Kingdom.

“Many still have family here, have a history of hard work in the UK behind them, and some have even fought for our country.

“These measures support our vision for a truly Global Britain, opening up our democracy to British citizens living overseas who deserve to have their voices heard in our Parliament, no matter where they choose to live.”

More could be done for Brits abroad

Many other countries already give their overseas nationals the right to vote for life and some, including France, have MPs dedicated to representing nationals who live overseas.

But an amendment put forward by the Lib Dem party to give Britons abroad MPs was rejected.

The Lib Dems also criticised the British government for failing to streamline the voting process to make it easier for Britons to vote from abroad. The government rejected a call to move to electronic voting for those overseas to replace postal voting.

Member comments

Boggy - 28 May 2021 at 07:39 CEST

A bit too bloody late ?
OwenMoney - 28 April 2022 at 17:42 CEST

“Unfortunately this comes too late for many Brits abroad to get a say in the thing that has had the biggest impact on their lives – Brexit – but it’s better late than never.”

No it’s really not . Brexit is a total unnecessary toxic mess and as a European resident i would have liked to have had a say. I have no interest in voting in a country i don’t live in. I would prefer to vote in France where the election process has an impact on my life.
Kenneth Aitken - 29 April 2022 at 11:01 CEST

Don’t hold your breath. I just spoke with the Electoral Registration Office in Edinburgh, Scotland. According to the agent there, the law will only come into effect in June 2023. Make a note in your diary for next year. 😉

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Do Brits need to carry a residence permit at the German border after Brexit?

For many Brits living abroad in the EU, the past few years have been a steep learning curve. For the first time in a generation, they have to register for their residence rights or navigate the complicated immigration rules that are applied to third-country nationals, like applying for work or study visas.

This means that even Brits who have lived in Germany for years may end up encountering situations they haven’t dealt with before, such as being asked for residence permits when applying for jobs or crossing the border in and out of Germany.

During Covid, this became particularly tricky, because people from non-EU countries generally had to prove their need to be in Germany before being allowed entry to the country.

But what are the rules in general for Brits when entering and leaving Germany? And is it necessary to always have a residence permit (Aufenthaltserlaubnis) or post-Brexit residence document (Aufenthaltsdokument-GB)?

Here’s what you need to know.

What is the status of Brits in Germany after Brexit?

Since the transition period ended, UK citizens have been treated in much the same way as other non-EU citizens in Germany – albeit with a few more perks.

These include the right to visa-free travel in Germany (and the Schengen Area) for up to 90 days in every 180, the right to enter the country before applying for a visa and the ability to work for employers abroad while living in Germany.

In general, however, for people who didn’t live in the country before the end of the Brexit transition period, the immigration requirements are much the same as they would be for someone from, for example, Japan or the USA.

In order to live in Germany long-term, Brits now need an appropriate residence permit, such as work, family reunification or study visa, or another status such as citizenship that assures their rights.

Otherwise, immigration authorities will enforce the so-called ’90-day rule’, meaning that Brits will be unable to spend more than three months out of every six in the Bundesrepublik.

Which Brits have the right to live in Germany?

Brits who have a valid residence permit – such as a work or study visa – are entitled to live in Germany for the duration of their visa, and can normally choose to renew it or apply for a different visa once their permit expires.

Those who have German citizenship (i.e. British-German dual nationality) have lifelong residence rights in Germany, as do people with permanent residency and those covered by the post-Brexit Withdrawal Agreement (Article 50), provided they don’t leave the country for too long.

UK citizens in Germany who exercised their free movement rights before December 31st, 2020, have a special status under Article 50. Ultimately, they have the right to remain in Germany indefinitely and enjoy much the same rights as EU citizens, such as being able to claim benefits and switch freely between employers or different kinds of work, for example.

A new UK passport design and old UK/EU passport design side by side. Photo by Ethan Wilkinson on Unsplash

These rights are essentially for life, though they can be lost if you spend too long away from Germany – and how long depends on when your card was issued. People who have lived in Germany for five years or more can get a Daueraufenthaltsdokument-GB (permanent residence document), which allows them to live outside of Germany for up to five years without losing their status.

Otherwise, you’re issued with an ordinary Aufenthaltsdokument-GB, which allows you to live outside of Germany for up to six months – or one year in exceptional circumstances – without losing your rights.

Do Brits covered by the Withdrawal Agreement need their residence card to cross the border?

This is a tricky question, and one that has been an issue since the get-go. After the transition period, many Brits had to wait months for their post-Brexit residence documents and were concerned about issues they may face while travelling during that time.

At the time, a spokesperson for the border police at Frankfurt am Main airport told The Local that other documents could be used by Brits to prove their residence (and residence rights) in Germany.

“If no application (for a residence document) has yet been submitted to the competent domestic office, the right of residence in the federal territory can also be proven by submitting suitable documents such as a tenancy agreement, employment contract, certificate of registration, etc.,” they explained.

More recently, another spokeswoman confirmed that these more relaxed rules had been in place for six months after the end of the transitional period – i.e. until June 30th, 2021.

Police check ID documents at the German/Swiss border. Photo: picture alliance / dpa | Patrick Seeger

However, she said that Brits covered by the Withdrawal Agreement can still use other means to prove their residence in Germany – though this can be more complicated and time consuming.

“In the context of the border control it requires as described in principle the presentation of a residence title or residence document GB, however, the possibility of proving the right of residence after the withdrawal agreement in another suitable way still exists,” she explained. “As a rule, however, for the purpose of this verification of other evidence, the second line of control must be brought in, which enormously increases the time required for the border control.”

What’s important to note is that Brits do have the right to stay in Germany for up to 90 days without a visa, so it’s unlikely that you’d be turned away without your residence document.

Nevertheless, the British government advises Brits to always keep their residence card on them when entering or leaving Germany.

“When you travel, carry your residence document Aufenthaltsdokument-GB or frontier worker permit ‘Aufenthaltsdokument für Grenzgänger-GB’ issued under the Withdrawal Agreement, in addition to your valid passport,” the official advice reads.

You must proactively show your residence document, or other evidence of residence status, if you are asked to show your passport at border control. If you have applied for, but not yet received, your Aufenthaltsdokument-GB, show your ‘Fiktionsbescheinigung’ certificate. If you cannot prove that you are a resident in Germany, you may be asked additional questions at the border to enter the EU.

Do Brits who live in Germany with a visa need their residence permit to enter and/or leave?

According to official advice from the Federal Police, foreigners are required to show their passport whenever they cross the German border, and should also be able to show a residence document if required.

That means that, where possible, it’s important to have both with you if you are planning on leaving Germany for any amount of time.

As we mentioned, Brits are in general allowed to enter Germany without a visa.

According to recent stats, only 195 Brits were turned away at the EU border in 2022 due to the 90-day rule.

However, this is always a risk that you face if you don’t have the required documents with you and, even if you are let in, you may have to deal with numerous questions beforehand and may even receive a passport stamp.

Can I still travel after my residence permit expires?

The short answer is yes – though it is a good idea to be proactive about renewing it.

In most cases, booking a visa appointment at the Foreigners’ Office will automatically extend your visa until the date of your appointment, and you will be able to travel with what’s known as a Fiktionsbescheinigung in the meantime.

For people who are waiting on a visa or a visa appointment, presenting a Fiktionsbescheinigung with the third box ticked should permit you entry into Germany. For those waiting on another post-Brexit residence document, a Fiktionsbescheinigung with the fourth box ticked is required.

“Although the aforementioned Fiktionsbescheinigung contains a time expiration date, it may, under certain circumstances, continue to be valid beyond the expiration date until the immigration authority has actually decided on the application,” the spokesperson at Frankfurt Airport told The Local.

“In case of doubt, this circumstance would be verified within the framework of the border control by a short-term consultation with the responsible foreigners authority.”

Automated border controls at Berlin airport. Photo: picture alliance / Bernd Settnik/dpa-Zentralbild/dpa | Bernd Settnik

Things are tiny bit simpler if your visa is in a passport that has expired.

In advice for third-country nationals, the German government explains: “Provided that the residence title for Germany has not been damaged by the invalidation of the old passport, you can usually enter Germany together with the old and the new passport without any problems. The same applies if you already have the electronic residence title (plastic card). The issuance of a visa for re-entry is not necessary in these cases.”

However, they advise people to apply to get a new visa placed in their up-to-date passport or an up-to-date residence permit as soon as possible upon return.

What happens if border guards stamp my passport?

It can be a worry if long-term residents of the EU get a passport stamp when entering the Schengen area, but if you can prove your residence rights at a later date, there’s no cause for concern.

According to the UK government, a passport stamp “will not affect your rights in the country or countries where you live or work”. In fact, if you receive an accidental passport stamp at the border, “the stamp is considered null and void when you can show evidence of lawful residence”.

Of course, different rules apply if you don’t have residence rights and need to adhere to the 90-day rule, but if you are entitled to live in Germany, there shouldn’t be an issue – even if you enter and leave through a neighbouring country.

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