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BREXIT

‘European again’: How changes to citizenship rules will affect Brits in Germany

When the UK completed the final stage of Brexit at the end of 2020, many Brits in Germany were devastated at the loss of their EU rights. But promises made by Germany's new government to allow dual nationality have given them renewed hope.

British and German passport
A British and German passport. Photo: picture alliance/dpa/dpa-Zentralbild | Britta Pedersen

When the UK narrowly voted to leave the EU in 2016, many British people living abroad didn’t get a say in the change. The UK’s laws previously put an arbitrary limit on voting rights for citizens abroad, meaning anyone who had spent more than 15 years in a foreign country was no longer able to vote in elections back home. 

For others who did have a voice, the result of the referendum was equally devastating: many were fearful about their future residence rights in the EU and the ability to continue living the lives they had built. Though the negotiations ended up dragging on, when Brexit finally arrived, the sense of loss was palpable. 

In March 2020, when the first part of the exit from the EU was completed, British nationals were stripped of the right to vote in EU and local elections. They were no longer able to apply for EU-only jobs. Then, the final exit from the European Economic Area (EEA) and Customs Union on January 1st, 2021 brought with it the end of their freedom of movement within the EU. 

But the German government’s pledge to overhaul nationality laws, including dual citizenship, gives hope to Brits. 

In a survey by The Local on the plans earlier this year, several Brits told us they were thrilled to hear of the rule changes and would “definitely” apply for citizenship in the future. The traffic-light coalitions’ plans to ditch an age-old ban on the holding of multiple nationalities has given Brits hope that they can someday regain these rights by applying to become German, while not relinquishing their British passport or identity. 

READ ALSO: Germany’s new coalition government to allow dual nationality

“This will allow me to regain the security of place and home that I had in Germany as an EU citizen prior to Brexit,” said Jay, 44, who lives in Berlin.

Frankfurt resident Rachel, 49, described the government’s plans to allow dual nationality as “fantastic”.

“The very thought of being able to hold dual nationality already makes me feel more German whilst still holding onto my British nationality,” she said. “It also means that I’ll be able to vote in general elections in the future and can regain my freedom of movement.”

Many of the Brits who gave us their thoughts mentioned the same motivation for becoming German: reclaiming the right to live and work in any country within the EU.

While UK citizens who had lived in Germany before Brexit had their right of residence in the country assured by the Withdrawal Agreement, those without German citizenship are essentially “landlocked”, meaning they no longer have automatic residency rights in any other EU country. 

“I’ll be able to become European again after Brexit,” 42-year-old Mark Smith in Berlin said of the planned changes to citizenship rules. “I get a chance to regain freedom of movement within the EU.”

A two-class system

When Britain left the EEA and Brits lost their freedom of movement rights, another important change took place overnight in Germany.

Brits who hadn’t been able to apply for German citizenship before this date were (under the current rules) no longer entitled to dual nationality. 

Currently, only citizens of EU countries are allowed to keep their previous nationality when becoming a naturalised German. Everyone else, generally, has to choose between their existing passport and a German one, unless they have compelling financial or personal reasons not to. 

The rules have so far created a two-class system of Brits in Germany: the some 40,000 who were able to get dual nationality before the cut-off date, and the some 40,000 who weren’t. 

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

Brexit campaigner

An anti-Brexit campaigner holds a placard saying “Brexit was not worth it” outside the UK parliament in London. Photo: picture alliance/dpa/PA Wire | Dominic Lipinksi

For 38-year-old Jack in Berlin, this division runs right through the heart of the family. Jack moved to Germany back in 2017 “hoping Brexit would never happen”. While he had only been in the country for around three years when the UK left the EEA, his husband has lived here for much longer and was able to get citizenship before the cut-off date.

“My husband, who had accumulated enough years in Germany in the past was able to get his German citizenship prior to the Brexit cut-off date, but I was not able to,” he told The Local. “While being technically married to a German citizen, thus rules for becoming a German citizen being easier compared to others, I was still not sure whether I would want to give up my British citizenship.”

Jack says he hopes the changes will come into force quickly so he doesn’t have to live with a passport that doesn’t say European Union on it.

My current British passport still says European Union on it, but it is going to expire in a few years,” he said.

READ ALSO: When will Germany relax its dual citizenship laws?

‘Solemn decision’

While many people jumped at the chance to get their application for citizenship in ahead of Brexit, others were reluctant to make such a major decision on a tight deadline.

This was the case for Simon, a 51-year-old resident of Cologne. Despite having spent 18 years in Germany – and planning to spend the rest of his life here – he struggled with the idea of taking on a new nationality simply because of political decisions made back in the UK.

“I have tremendous respect for Germany,” he told The Local. “It is a wonderful place to live, sophisticated and stimulating culture, excellent quality of life, lovely people. But to take on German citizenship also means taking on the burden of history as well.”

The German flag hangs in a Frankfurt church during a naturalisation ceremony for new Germans. Photo: picture alliance / Fabian Sommer/dpa | Fabian Sommer

Having decided to simply take permanent residency instead of citizenship, he has since come to the conclusion that that he would be happy to become German – in part because of the work Germany has done over the years in coming to terms with its dark history. 

“Nevertheless, this is a truly solemn decision,” he said. 

For Simon, the planned changes to the dual nationality rules have taken the time pressure off to allow him to mull over the personal and ethical ramifications of becoming German. 

“I will definitely take up German citizenship at some point,” he said. “But I will do it on my own terms and my own timeline, not with a gun to my head and on a schedule dictated for by by far the worst, shambolic, low-grade, nasty and insular British regime of modern history.”

‘Committed to Germany’

In the aftermath of the Brexit vote, citizens’ rights group British in Europe and its Germany-based wing British in Germany were established to give Brits in the EU a voice. 

Though its primary work was trying to ensure that key rights for citizens were set out in the Withdrawal Agreement, the group also took a strong stance on Germany’s previously strict rules against dual nationality, campaigning for the ban to be lifted ahead of federal elections last September.

“British in Germany wrote to most of the key political parties in Germany before the autumn election and were very encouraged by some of the responses, including from the coalition partners,” British in Germany chair Jane Golding told The Local. “We very much welcome the plans on dual nationality.”

Brexit has always been a highly emotive issue on both sides of the debate, partly because it speaks to people’s sense of identity.

Several respondents to our survey told us how much they had valued the European citizenship they had before, and how desperate they were to regain it.

“I’m so relieved that they are changing the rules,” said 42-year-old Hannover resident Larisa Sharifi. “I hated feeling like my EU citizenship was lost.”

New naturalised citizen in Germany

A newly naturalised German citizen holds up her new passport. Photo: picture alliance / Fabian Sommer/dpa | Fabian Sommer

According to British in Germany, the appetite for becoming German is huge among many of the Brits who didn’t make the original cut-off at the end of 2020.

When the new law permitting multiple nationalities comes into force – which could be as early as this year – thousands of Brits will be clamouring to become a citizen of the EU once again. 

READ ALSO: ‘I can’t give up my passport’: Foreigners wait for Germany to change citizenship laws

“We know that many more UK citizens who have residency rights under the Withdrawal Agreement provisions would like to take dual nationality once the laws change,” said Golding.

“Like other third country nationals who have been in Germany for a long time, most feel very integrated, and committed to Germany, and becoming German would allow them to participate even more fully in German society, including voting and standing for election.  

“At the same time. keeping their original citizenship is an insurance policy in case, for example, they have to go back to their country of origin to look after elderly relatives in future.”

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EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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