German Lawyers
for Brexit Affairs

As Brexit has become a reality, businesses in Germany and the United Kingdom face new challenges. Whereas there was frictionless trade between companies before Brexit, and ease of access to top professionals in the respective areas, Brexit has introduced new barriers. This means that German companies looking to hire UK citizens must ensure that these prospective employees’ residence permits and visas are in order. Our business immigration team advises companies about their available options. At Schlun & Elseven, we frequently partner with companies in Germany to oversee all of their labour immigration and other business immigration requirements.

Our business immigration lawyers also advise our corporate clients on the options available to them in setting up a business in Germany. Many companies in the UK may now need to establish corporate bodies and subsidiaries within the European Union to continue benefiting from the European Single Market. The inherent characteristics within your business decide the suitable form of company to operate. Let our legal experts examine your company’s situation and offer tailored solutions to your requirements.

Easier access to the European Single Market can be obtained by UK companies should they expand their operations to the European Union and to Germany. The manner in which this expansion occurs depends on the characteristics of your business and your company’s aims with the expansion.

Our corporate lawyers advise on all matters relating to corporate expansion. Furthermore, we can be relied upon for advice relating to mergers & acquisitions and all other aspects of German corporate law. In the post-Brexit environment, having a reliable and competent German partner for all of your legal questions is vital.

Post-Brexit entrepreneurs from the UK can still establish companies in Germany, however, they will need to apply for an entrepreneurial visa under § 21 German Residence Act. This visa allows foreign entrepreneurs and investors to settle in Germany and establish companies. Once the company is established in Germany, it is treated equally as a company established by German or EU citizens.

Our lawyers at Schlun & Elseven Rechtsanwälte support individuals in gaining residence permits including the residence permit for self-employment. Receive expert advice from our corporate lawyers on your business plan and whether your idea fulfils the established requirements.

UK’s withdrawal from the EU has ended the free movement of goods between Germany and the UK. The need for customs procedures and other associated formalities and controls has led to a greater administrative burden for businesses, and delays in supply chains and cross-border trade are made more difficult overall.

With the start of Brexit, it is vital for companies who operate between the UK and the EU to examine their contracts and determine how they apply in this new environment. For example, some contracts may specifically reference that they are valid within the EU or the Single Market and may have unintended consequences now that the UK has left both.

The leaving of the European Union may also result in German and other EU-based companies seeking to source their materials from non-UK-based businesses. This may, in turn, lead to disputes arising.

At Schlun & Elseven Rechtsanwälte, our legal team advises and supports our corporate clients on the options available to them under commercial law and contract law. We will also represent your company in any disputes which may arise due to the impact of Brexit. Consult with us today to find out more about the options available to you.

As a professional coming from the UK to Germany post-Brexit it is vital to check how your qualifications will be recognised post-Brexit. Recognition of qualifications obtained before the end of the Transition Period (31st December 2020) is as it was before Brexit, in accordance with EU rules regarding mutual recognition of qualifications. However, following Brexit, the situation is more complicated. Professional qualifications that are obtained in the UK post-Brexit can still be recognised in Germany, but this recognition is per national regulations relating to professional qualifications from third countries.

For UK citizens looking to come to Germany to work after Brexit, there is a requirement that they have the appropriate residence permits and visas. Once these have been obtained (such as the EU Blue Card) and they start their employment in Germany, their legal employer is responsible for employing them under fair conditions. If your employment rights have been infringed upon, then it is essential to consult with our experienced team of certified employment law experts. Additionally, our employment law team advises employers on their rights and responsibilities following Brexit.

As the UK has become a third-country this leaves question marks over the resolution of family law matters post-Brexit. From prenuptial agreements and matters concerning pensions to issues relating to child access, divorce and international child abduction, there are many legal questions to be answered. Our family lawyers expertly advise on all aspects of family law and are ready to analyse your legal situation.

For employees coming from the UK to Germany post-Brexit there is also the question of the rules on family reunification. Different visas carry differing requirements when in family reunification and it is vital to have full access to the information you require before making any big decisions. Our lawyers answer all questions relating to the appropriate visa to use in your particular situation.

Now that Brexit has become official, the free movement of persons between the EU and the UK will no longer apply. This means that a valid passport will be required for travel in the future, and additional border controls will be required. The immigration law of the UK or the EU and the respective member state must be observed.

There is currently a visa exemption for British nationals in Germany for short-term stays of no more than 90 days within 180 days. German citizens do not require a visa for stays in the UK of up to six months as a tourist, as students/pupils and for certain business activities. The changes that have taken place mean that there are additional bureaucratic measures for UK citizens planning on moving to Germany.

In Germany, a national visa must be applied for by persons from third countries, i.e., also by British nationals, for stays of more than 90 days. The specific type of visa required depends on the purpose of the stay, e.g. for taking up employment, vocational training, self-employment, study or family reunification.

The German Residence Act (AufenthG) determines which specific requirements must be met. Conversely, British immigration law applies to stays by German citizens in the UK. Our lawyers at Schlun & Elseven Rechtsanwälte advise on all of these matters and are available to assist private and business clients in their immigration law issues.

As an EU Member State, there is an automatic right of recognition of legal decisions. This meant that until leaving the EU, the rules on the recognition and enforcement of judgments from the United Kingdom in Germany and vice versa were governed by the Regulation of 12 December 2012 (EUGVVO). However, now that the United Kingdom has left the EU the situation is much more complicated.

Find out about the current situation in relation to the recognition of UK legal decisions in Germany by reading our article on the topic. Discover your options when it comes to legal disputes and whether arbitration is a more suitable means of resolving disputes. At Schlun & Elseven Rechtsanwälte our lawyers will keep you updated as to the developments in this area, as they happen.