German Immigration Law after Brexit

Since 31 January 2020, the United Kingdom has officially ceased to be a member state of the European Union, making it legally classified as a third country. The withdrawal agreement negotiated between the UK and the EU came into force with Brexit, providing a transition period until 31 December 2020. During this period, the UK was no longer represented in EU institutions, bodies, or offices but continued to apply EU law while remaining part of the Single Market and Customs Union.

From 1 January 2021, the UK fully exited the European Single Market and the Customs Union, meaning new rules applied to trade, travel, and residence. While British nationals were no longer EU citizens, those already living in EU countries retained certain protections under the withdrawal agreement. The key milestones included:

• 31 December 2020: Free movement for British citizens within the EU continued until this date.
• 1 January 2021: The UK was officially treated as a third country under EU and German law. British nationals lost automatic EU citizen rights but could retain residence entitlements if they had acquired them before this date.
• 30 June 2021: British nationals residing in Germany before the end of 2020 were required to register their residence with German authorities to obtain the new post-Brexit residence document.

As of 2025, the UK-EU relationship continues to evolve. British nationals seeking to move to Germany now generally require a visa or residence permit under standard third-country national rules, such as work visas, Blue Cards, or family reunification permits. The withdrawal agreement still protects the rights of those who were living in Germany before Brexit, allowing them to continue their residence under specific conditions.

Trade relations between the UK and EU remain governed by the Trade and Cooperation Agreement (TCA), which was implemented on 1 January 2021. However, regulatory divergence and ongoing negotiations over certain trade and mobility issues continue to shape the post-Brexit landscape.

British citizens considering a move to Germany or the EU in 2025 must be aware of visa requirements, work permits, and potential changes in bilateral agreements.

The Withdrawal Agreement between the United Kingdom and the European Union was designed to protect the residence rights of British nationals who had effectively exercised their right to free movement in the EU before 31 December 2020. This agreement applied to British nationals who were already living in Germany by that date, allowing them to qualify for either a temporary residence permit or, under certain conditions, a permanent residence permit. However, the regulations in place today for British nationals seeking residence in Germany differ from those outlined here.

British nationals may have qualified for a residence permit under the Withdrawal Agreement if they met the following criteria:

• They did not acquire German citizenship before 31 December 2020.
• They were residing in Germany on that date and wished to remain.
• They held British citizenship.
• They did not hold citizenship of another EU member state.

Whether a person qualified for residence under the Withdrawal Agreement depended on whether Germany was their primary place of residence. Temporary stays in Germany as of 31 December 2020—without having a primary residence there—did not establish a right to reside under the Withdrawal Agreement.

British nationals could qualify for permanent residence under the Withdrawal Agreement if they met additional conditions. Unlike temporary residence, the requirements for permanent residence were independent of EU free movement law and followed their own rules:

• Before applying, the British national must have resided in Germany for at least five years. Periods of residence in other EU countries were not counted.
• The five-year residence period must have been acquired as a person entitled to freedom of movement (e.g., as a worker, self-employed person, or student). Residence under a third-country national visa or permit did not count.
• A British national who had previously lived in Germany for at least five years before 31 December 2020 and left for less than five years could return and still qualify for permanent residence.
• British nationals could still apply for permanent residence after 1 January 2021, provided they met the five-year residency requirement.

If a British national interrupted their stay in Germany for too long, the five-year period may have had to restart. However, not all temporary absences affected the five-year qualification period.

British nationals who worked in Germany but lived in another country could retain their right to work in Germany under the Withdrawal Agreement’s cross-border commuter provision.

The following groups qualified:

• British employees (or civil servants) who worked in Germany and were not simply posted there temporarily by a foreign employer.
• Self-employed persons who were established in Germany and conducted business there.

However, self-employed persons who only occasionally provided services in Germany on a cross-border basis did not qualify.

To continue working in Germany under this status, cross-border commuters had to submit extensive documentation to the immigration office to obtain a residence document confirming their rights under the Withdrawal Agreement.

The Withdrawal Agreement also protected certain family members of British nationals who were living in Germany before Brexit. Family members who were residing in Germany before 31 December 2020 or who wished to join their British relative after this date could qualify for residence. Family members who did not already hold a residence permit needed to apply by 30 June 2021 to secure their right to reside in Germany.

The Withdrawal Agreement defined “family members” as:

• Spouses and registered partners.
• Children up to the age of 21.
• Parents, grandparents, children, and grandchildren (if financially dependent on the British national).
• Other relatives, depending on their circumstances, at the discretion of the immigration authorities.

These protections ensured that British nationals who were lawfully residing in Germany before Brexit could maintain their legal status, provided they complied with the necessary requirements. However, residence permits issued under the Withdrawal Agreement were based on past regulations, and the requirements for British nationals seeking residence in Germany today are different.

Today, several years into the post-Brexit period, many UK nationals still want to live and work in Germany. Even though they might not have been eligible for residence permits under the Withdrawal Agreement, there are still many options for them to get a residence permit for Germany. One of the most advantageous options for qualified UK nationals is the EU Blue Card, a residence and work permit that allows holders to live and work in Germany for up to four years.

The EU Blue Card offers significant benefits, including accelerated access to permanent residency and the possibility of family reunification. It is particularly appealing due to its flexibility, including no language requirements for initial application and the option of seeking permanent residency after 33 months or just 21 months with a B1-level proficiency in German.

The EU Blue Card is designed to attract highly skilled workers to Germany, and for UK nationals, it represents one of the most straightforward routes to securing residence in the country post-Brexit. The card not only allows for employment but also offers the possibility of family reunification, allowing spouses, children, and other dependents to live in Germany with the cardholder. Additionally, the EU Blue Cardholder benefits from equal treatment under German labour and social laws, ensuring fair working conditions, social benefits, and access to education for children.

However, to qualify for the EU Blue Card, applicants must meet specific requirements, including having a university degree (or its equivalent) and securing an employment contract that meets the set salary threshold. As of 2025, the minimum salary requirement is €48,300 annually, or €43,759.80 for roles in sectors facing worker shortages, such as IT, engineering, and healthcare.

The Intra-Corporate Transfer (ICT) Card provides a streamlined process for companies to transfer employees from non-EU countries to their EU-based subsidiaries or branches. UK employees seeking to move to Germany under the ICT Card must meet specific criteria, such as being employed with the company for at least six months, holding a university degree or equivalent qualification, and having a valid work contract for a duration of 90 days to three years. The ICT Card is typically valid for three years for managers and specialists, with the possibility of extending it, subject to a six-month cooling-off period before reapplying.

The Opportunity Card (Chancenkarte) under § 20a German Residence Act (AufenthG) is a new visa option designed to help skilled professionals from non-EU countries enter Germany to search for a job. This residence permit allows qualified individuals to connect with German employers and secure suitable employment.

Depending on the applicant’s qualifications, there are two main pathways to eligibility: (1) full recognition of foreign academic or vocational qualifications in Germany or (2) meeting the minimum requirement of six points in Germany’s newly introduced points-based system. Points are awarded based on factors such as professional experience, language skills, age, previous stays in Germany, and qualifications in shortage occupations.

The Opportunity Card is initially granted for one year and allows part-time work of up to 20 hours per week during the job search. If a skilled job is secured, the visa holder can transition to a long-term residence permit for qualified employment. The Opportunity Card is an attractive option for skilled professionals looking to start their careers in Germany while exploring employment opportunities.

Since the UK’s official withdrawal from the European Union, British citizens in Germany no longer have the automatic right to reside under EU freedom of movement provisions.  British nationals wishing to claim the rights of EU citizens must now hold dual nationality, with at least one nationality from a current EU member state.

Additionally, the European Union has agreements with several non-EU countries that allow for extended residence rights. Therefore, British nationals who also hold citizenship of countries such as Iceland, Liechtenstein, Norway, or Switzerland can still claim rights to residence in Germany, as these countries are considered part of the broader European Economic Area (EEA).

The relevant German registration authorities must provide proof of dual nationality to invoke these rights.

In response to Germany’s evolving citizenship policy, British nationals residing in Germany now benefit from significant reforms to the naturalisation process. The new German citizenship law, effective in 2024, reduces the residency requirement for naturalisation from eight years to five years. Naturalisation is possible in as little as three years for individuals demonstrating exceptional integration, such as outstanding language skills or civic engagement.

These changes have made German citizenship more accessible to British nationals who seek long-term stability and legal certainty in Germany, particularly following Brexit’s impact on freedom of movement and EU residence rights.

A significant barrier to third country nationals applying for German citizenship was the previous requirement to renounce their previous nationality upon naturalisation as a German. However, Germany’s 2024 dual citizenship reform removes this restriction, allowing British citizens to naturalise as Germans while retaining their UK passports.

This change ensures that British and other third-country citizens no longer face the difficult choice of giving up their nationality to secure long-term residence rights. It also aligns with Germany’s recognition of multiple citizenships, which were previously limited mainly to EU nationals.

Additionally, children born to British parents in Germany now acquire German citizenship if at least one parent has legally resided in Germany for five years (instead of the previous eight-year requirement). These legal changes further integrate British citizens into German society while preserving their connections to the UK.

With Brexit’s impact on immigration status and Germany’s legal changes in matters of dual citizenship, securing German citizenship is now a viable long-term solution for British nationals in Germany. Schlun & Elseven Rechtsanwälte provides expert legal guidance on the naturalisation process, ensuring compliance with the latest regulations and helping applicants smoothly handle this transition.