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BREXIT

Reader question: How can I re-enter Germany without my post-Brexit residence card?

Brits who lived in Germany before Brexit are supposed to be issued a residence card - but long waits have meant that not everyone has received theirs just yet. So what do you do if you're meant to be travelling abroad in the near future?

Published: 15 September 2021 17:29 CEST
Reader question: How can I re-enter Germany without my post-Brexit residence card?
A police office wearing an FPP2 mask stands at the border at Munich Airport on February 8th, 2021. Photo: picture alliance/dpa | Matthias Balk

If you’re stuck without proof of residency just yet and want to go abroad, don’t panic. This seems to be quite a common scenario, and one that the Bundespolizei should be used to dealing with after Brexit. 

Back in 2020, just days before Britain left the European Economic Area (EEA) and free movement of people came to an end, the German police force put out a statement advising Brits returning to Germany after the New Year to apply for a Fiktionsbescheinigung from their local Foreigner’s Office (Ausländerbehörde).

This is a kind of provisional certificate recognising that you have registered your residence in Germany with the Foreigner’s Office and stating that they are in the process of issuing your card. It can be used as proof of residency in order to leave and re-enter Germany without getting a passport stamp.

At the time, however, the border services also acknowledged that Covid could make it difficult for Brits to always get a Fiktionsbescheinigung in time for their journey. Plus the certificate does cost a fee. 

READ ALSO: How Brits in the UK can get back to Germany in the New Year

“The border authorities have therefore been instructed to initially recognise other certificates as proof of the right of residence from January 1st, 2021. These can be, for example, registration certificates, tenancy agreements or even employment contracts,” they said. 

So, where do things stand now? Well, once again, the Fiktionsbescheinigung is probably the best port of call. The added bonus of taking this route is that it presents an opportunity to gently remind the Ausländerbehörde that they should aim to issue your residence card GB as soon as possible. (Just as a heads up: they are supposed to have issued these by the end of the year.) 

Other evidence you can use

If the provisional certificate can’t be issued in time, ask for a simple letter from the Ausländerbehörde confirming that you have informed them of your residence in Germany, or simply bring your Meldebescheinigung – official proof that you are registered at a German address – with you on your travels. 

As everyone has to register their address by law in Germany, you should have this somewhere in your home, but if it’s been mislaid, don’t fret – your local Bürgeramt will be happy to reissue one for you (though there may be a small fee). 

If none of these things are available, the Bundespolizei (federal police) confirmed to us on Thursday that other evidence such as a health insurance card, recent pensions statement or employment contract, or electricity bill can still be used. 

This should help you avoid being treated as a British tourist when you enter the country again, which could result in getting a stamp in your passport, which indicates that you are only supposed to be in the country for up to 90 days. 

What happens if they stamp my passport?

If your passport does get stamped in error when you re-enter the country, this doesn’t affect your rights in Germany in the long term. 

“UK nationals who were legally resident in Germany prior to the end of the transition period on December 31st 2020, and are therefore subject to the Withdrawal Agreement should not have their passports stamped when re-entering Germany,” the British Embassy told The Local.

READ ALSO: Passport stamps: What British residents in the EU need to know when crossing borders

“However, a stamp in your passport does not alter your rights under the Withdrawal Agreement, such as your right to reside here and to receive a new residence document.”

Furthermore, since Brits don’t need a visa to enter an EU country for up to 90 days, you don’t need to worry about being allowed across the border if you can’t prove your residency right. This sort of situation is “not a problem,” a spokesperson for the police told us.

It does get trickier if you’re returning from somewhere outside the EU where Covid-related travel restrictions are in place, however. If that’s the case, it’s imperative you are able to prove your residency with a Fiktionsbescheinigung or Meldebescheinigung in order to be sure that you’ll be allowed back in. 

Member comments

  1. What happens if one is outside the EU and *loses* the Fiktionsbescheinigung or Meldebescheinigung? Are consular services available to German non-citizen residents?

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EU

How would a ‘youth mobility scheme’ between the UK and EU really work?

The EU and the UK could enter into a 'youth mobility' scheme allowing young people to move countries to work, study and live. Here's what we know about the proposal.

Published: 18 April 2024 17:09 CEST
How would a 'youth mobility scheme' between the UK and EU really work?

Across the 27 countries of the EU, people of all ages can move countries to work, study, spend a long visit or chase the possibility of love – and all this is possible thanks to EU freedom of movement.

That freedom no longer extends to the UK. As a result of Brexit, a UK national who wants to move to an EU country, or an EU citizen who wants to move to the UK, will need a visa in order to do so.

However, a new ‘mobility scheme’ could re-create some elements of freedom of movement, if the EU and UK can come to an agreement.

The European Commission on Thursday announced proposals for a ‘youth mobility scheme’.

Who would benefit?

First things first, it’s only for the youngsters, older people will have to continue with the time-consuming and often expensive process of getting a visa for study, work or visiting.

The Commission’s proposal is for a scheme that covers people aged 18 to 30. 

Their reasoning is: “The withdrawal of the UK from the EU has resulted in decreased mobility between the EU and the UK. This situation has particularly affected the opportunities for young people to experience life on the other side of the Channel and to benefit from youth, cultural, educational, research and training exchanges.

“The proposal seeks to address in an innovative way the main barriers to mobility for young people experienced today and create a right for young people to travel from the EU to the UK and vice-versa more easily and for a longer period of time.”

How would it work?

We’re still at an early stage, but the proposal is to allow extended stays – for young people to be able to spend up to four years in the EU or UK – under a special type of visa or residency permit. It does not, therefore, replicate the paperwork-free travel of the pre-Brexit era.

The Commission states that travel should not be ‘purpose bound’ to allow young people to undertake a variety of activities while they are abroad.

Under the visa system, people must travel to a country for a specific purpose which has been arranged before they leave – ie in order to study they need a student visa which requires proof of enrolment on a course, or if they intend to work they need a working visa which often requires sponsorship from an employer.

The proposal would allow young people to spend their time in a variety of ways – perhaps some time working, a period of study and then some time travelling or just relaxing.

It would also not be subject to national or Bloc-wide quotas.

It seems that some kind of visa or residency permit would still be required – but it would be issued for up to four years and could be used for a variety of activities.

Fees for this should not be “excessive” – and the UK’s health surcharge would not apply to people travelling under this scheme.

Are there conditions?

Other than the age qualification, the proposal is that young people would have to meet other criteria, including having comprehensive health insurance, plus financial criteria to ensure that they will be able to support themselves while abroad.

The visa/residency permit could be rejected on the ground of threats to public policy, public security or public health.

Will this happen soon?

Slow down – what’s happened today is that the European Commission has made a recommendation to open negotiations.

This now needs to be discussed in the Council of Europe.

If the Council agrees then, and only then, will the EU open negotiations with the UK on the subject. The scheme could then only become a reality if the EU and UK come to an agreement on the terms of the scheme, and then refine the fine details.

Basically we’re talking years if it happens at all, and there’s plenty of steps along the way that could derail the whole process.

Don’t start packing just yet.

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