Brexit Transition Period: Legal Advice for UK Citizens in Germany

January 2021 Update. Please note, for more up-to-date information about the German immigration law situation following Brexit visit our page “German Immigration Law after Brexit“. 

Brexit has been making headlines and been the topic of discussion for a long time at this point. As of 31 January 2020 at 23:00 GMT, the United Kingdom is no longer a member of the European Union. Yet, there is still a lot of uncertainty about what this actually means. This is especially the case for the roughly 1 million UK citizens living in EU member states. Many of these UK citizens – including UK citizens in Germany – are confronted with numerous questions and worries. Currently, the Brexit transition period is in place and greater disruptions are to be expected once this phase comes to an end.

This article will outline the rights UK citizen enjoy whilst residing in Germany during the Brexit transition period. For the most part, there is little to be concerned about. Until 30 December 2020, citizens of the UK will continue to be treated as EU citizens. Thus, until the end of the year, virtually nothing will change for businesses or for the public. This allows everyone to prepare for the changes we will be facing in 2021.

In case of any questions relating to the transition period, do not hesitate to contact our firm directly. Our lawyers are looking forward to assisting you with any issues regarding your residency status or any other matter concerning Brexit. As German immigration law is our field of specialisation, you are in good hands with Schlun & Elseven, irrespective of your specific inquiry.

Update January 2021: UK Citizens in Germany Post-Brexit

As the Brexit Transition Period has now come to an end, UK citizens can now take concrete steps to remain working and living in Germany. It should be considered a priority to obtain an “Aufenthaltsdokument-GB”. The Aufenthaltsdokument-GB is a special residence permit designed for Brexit and can be obtained from your local immigration authority/foreigners’ office. Those entitled to it should obtain it within the six months.

This residence permit is for UK citizens who were residing in Germany prior to the 1st of January 2021 and are without German or other forms of EU citizenship. When travelling to-and-from Germany, UK citizens living in Germany should carry this document to demonstrate that they are residents of Germany. It is important for UK citizens in Germany to have more than six months of validity on their passports.

Other steps such as exchanging your UK driving licence for a German equivalent and ensuring your university degree is still recognised as equivalent to a German / EU university degree should also be considered. UK citizens seeking legal advice concerning living and working in Germany can receive legal advice at Schlun & Elseven Rechtsanwälte. Our German Immigration Lawyers after Brexit page has more information on specific topics such as applicable residence permits for UK Citizens in Germany after Brexit among other topics.

What are my Rights during the Brexit Transition Period?

The UK and the EU agreed on a transition period before the UK’s departure from the EU will take full effect. While in transition, the UK remains in the EU customs union and the single market. During the transition period, the EU law on free movement of Union citizens will continue to apply. Thus, until 31 December 2020, the following applies for UK citizens currently residing in Germany:

• you do not need a residence permit to reside in Germany
• you do not need a work permit to work in Germany
• you may continue your studies in Germany
• you do not need a visa to travel to other EU member states

However, if you reside or work in Germany you need to register at the local registration office after three months of arrival. This requirement applies to any person residing in Germany irrespective of nationality and is allowed under EU law. Please note that if you arrive in Germany during the transition period, you will be treated in the same way as those who arrived before 31 January 2020. Furthermore, it is worth mentioning that UK citizens that have been living in another EU member state at the time of the UK’s departure (such as UK citizens in Germany) and have been paying into a health insurance or pension scheme will keep their insurance claims.

Until the end of the transition period, the rights mentioned above also apply to spouses and partners of UK citizens in Germany and other EU countries. While the withdrawal agreement foresaw a possibility to prolong the transition period, the UK decided not to use this opportunity.

Moving to Germany before Brexit – Freedom of Movement

In order to benefit from EU freedom of movement you must be aware of the requirements involved. Before Brexit happens it is vital to have a valid passport or ID document. That’s it for the moving process! However, if you plan on staying in Germany, you have to take the further step of registering yourself in the city of residence.

This registration process is not a major difficulty. It is merely the process of registering your German address with the German authorities. The city you have established yourself in will have an Einwohnermeldeamt (Residents’ registration office), and there you can register your new German address. To register your address, you will need:

• your passport or ID card;
• a copy of your accommodation’s lease or rental agreement for your accommodation;
• a registration form (Anmeldeformular) filled in by you and signed by the landlord, which you can download from the local government website. This website is the one attributed to the area you have settled into.

Please note that if you plan on moving away from Germany you will then have to deregister with the city in Germany. This is not a straightforward process.

Moving to Germany before Brexit – Options for UK Citizens in Germany

Germany is an attractive country for UK citizens to move to before Brexit really starts. In the next paragraph, we outline what will happen following the transition period, but the opportunity is still open before. Freedom of movement within the EU for UK citizens is still possible. The German economy remains one of the strongest in the world, and with its international outlook, there are many roles available for English speakers.

English speaking roles and employment options exist for qualified individuals.

international communities exist for those who want a “feel of home” while settling in. Once you have settled in there is a great variety in how one can learn German from language schools and third level courses to tandem partners and more informal options. Although many Germans speak English to a high level, do not underestimate your strengths as a native English speaker!

Moving before Brexit and before the end of the Brexit transition period is strongly advisable if you are considering this move. As you will see, making the move will not be as straightforward once the transition period comes to an end.

What happens after the Brexit Transition Period?

The transition period will be used to continue negotiating the new relationship between the UK and the EU. Negotiations started in March and intensified over the summer. However, as the talks will be held until the end of this year, the new rights and obligations will only become clear at the end of 2020. The new agreements will enter into force once the Brexit transition period ends and the EU member states gave their approval.

Prepare yourself for changes, as in 2021 the UK will be considered a third country. This means that you will have to face checks and administrative procedures at the border. Imported or exported goods may be required to be declared. Those planning on moving to Germany are likely to need visas. University applicants will also likely be seen as third-country applicants. However, the parties attempt to agree on a UK-EU free trade deal. Should they succeed in this effort, trade with no tariffs and quotas will be possible. Either way, a free trade deal will not eliminate all barriers between the UK and the EU. Especially businesses need to be alert to potential changes. Make sure your business is ready for Brexit!

Generally, third-country nationals need a visa to enter any EU member state and a work permit to work in the EU. Notwithstanding, it can be expected that the agreements between the UK and the EU will provide for preferential treatment for UK citizens. Thus, it is most likely that stays for a period up to 90 days within 180 days will not require a visa. Once the legal solution becomes clearer after the transition period, we will provide you with the relevant information!

Our Services for UK Citizens in Germany

Our law firm, Schlun & Elseven Attorneys, offers full-service assistance in all matters relating Brexit. Availing of legal representation in issues concerning immigration is of vital importance. We are happy to assist you nationwide with offices in Aachen, Cologne and Düsseldorf as well as conference rooms in Berlin, Munich, Frankfurt, Stuttgart and Hamburg. Schlun & Elseven is your reliable and competent partner in all questions surrounding immigration law. If you are an expat living in Germany, you can learn more about our services by visiting our “Expats Lawyers Germany” page.

Our lawyers have represented numerous UK citizens in Germany and have extensive knowledge in dealing with legal issues relating to Brexit. We can be reached by using our contact form or by phone or email. Simply call our number +49 241 4757140 or send us an e-mail via info@se-legal.de. Once we have received your queries we can start working on your legal issue.