Permanent Residence in Germany After Brexit | Daueraufenthaltsdokument-GB

The most important thing to understand about permanent residence under the Withdrawal Agreement is what it does not require. Unlike the standard German settlement permit (Niederlassungserlaubnis) under the Residence Act (Aufenthaltsgesetz), permanent residence under the Withdrawal Agreement does not require the applicant to pass a German language test or an integration test.

Eligibility for the Daueraufenthaltsdokument-GB is based on the duration and qualifying nature of the residence — not on language proficiency or civic knowledge assessments. This sets it apart from the Niederlassungserlaubnis, which in most cases requires at least B1-level German and successful completion of an integration course. For British nationals who have built their lives in Germany without having reached a formal language qualification level, this is a significant advantage and one of the principal reasons to pursue this route rather than alternative long-term residence options.

This does not mean the application is without complexity. Applicants must demonstrate that their residence has been continuous and qualifying throughout the relevant period, and the documentation requirements can be substantial.

Under Article 15 of the Withdrawal Agreement, British nationals must have resided in Germany legally and continuously for at least five years as a person entitled to freedom of movement. Crucially, this five-year period does not need to have been completed before 31 December 2020. Under Article 16 of the Agreement, periods of residence before and after the end of the transition period both count towards the qualifying total.

A British national who arrived in Germany in 2021 and has been living and working there since will reach the five-year threshold in 2026. This is why the Daueraufenthaltsdokument-GB is a live and relevant application for a significant number of UK nationals right now.

Residence must have been exercised as a person entitled to freedom of movement under the Withdrawal Agreement — in practice, as one of the following:

• An employee or civil servant
• A self-employed person
• A student enrolled at a recognised institution with sufficient resources
• An economically inactive person with sufficient resources and comprehensive sickness insurance

Periods of residence held under a standard third-country national visa or residence permit — rather than under the Withdrawal Agreement — do not count. Periods spent in other EU member states also do not count. The five-year period must relate specifically to residence in Germany.

Article 17 of the Withdrawal Agreement confirms that changing status during the qualifying period does not interrupt or invalidate the accumulated residence. Someone who spent two years in Germany as a student and subsequently worked there for three years as an employee has still completed five years of qualifying residence for these purposes. The right to rely on the Withdrawal Agreement is not affected by moving between categories — for example, from employed to self-employed, or from student to worker.

Continuity of residence is not broken by every absence from Germany. Under the Withdrawal Agreement, by reference to Directive 2004/38/EC, the following absences do not interrupt the five-year period:

• Temporary absences not exceeding six months per year
• Absences for compulsory military service, regardless of duration
• One absence of up to twelve consecutive months for a compelling reason, such as pregnancy, serious illness, study, vocational training, or a posting abroad

Longer or more frequent absences may interrupt the qualifying period, potentially requiring it to restart. If there is any uncertainty about how a particular absence affects the calculation, legal advice should be sought before submitting an application.

The Withdrawal Agreement extends its protections to the family members of UK nationals covered by Article 10, and the right of permanent residence under Article 15 applies to them as well as to the UK national themselves.

For these purposes, family members are defined in line with Directive 2004/38/EC and include spouses and registered partners, children under the age of 21, and dependent relatives in the direct ascending or descending line.

Two groups of family members fall within the scope of the Agreement. The first are those who were already residing in Germany before the end of the transition period on 31 December 2020 and have continued to do so. These family members accumulate their own five-year qualifying period toward permanent residence, running alongside that of the UK national. The second group are family members who were outside Germany at the end of the transition period but subsequently joined the UK national in Germany — provided they meet the standard family member definition at the time they seek residence.

Under Article 17(2) of the Agreement, rights acquired by family members who were dependants of a UK national before the end of the transition period are maintained even after they cease to be dependants. A child who was dependent on a UK national before 31 December 2020 does not lose their protected status on reaching adulthood or financial independence.

The same advantage that applies to UK nationals applies equally to qualifying family members: permanent residence under the Withdrawal Agreement does not require a German language test or an integration test, regardless of nationality.

Family circumstances under the Withdrawal Agreement can be complex, particularly where family members arrived at different times or hold different nationalities. Schlun & Elseven Rechtsanwälte advises on the full range of family-related Withdrawal Agreement questions.

Applications are made to the relevant local immigration authority (Ausländerbehörde). The documentation required will typically include:

• A valid passport
• The existing Aufenthaltsdokument-GB
• Evidence of continuous qualifying residence over the five-year period — for example, employment contracts, payslips, tax assessments, and registration confirmations
• Proof that the applicant has not been subject to any expulsion decision

Under Article 18 of the Withdrawal Agreement, the competent authorities may also carry out a criminality and security check as part of the application process. Applicants may be required to declare past criminal convictions appearing in their criminal record at the time of application.

The exact documentation requirements can vary depending on individual circumstances and the authority handling the application. Gaps or inconsistencies in supporting documentation are among the most common reasons for delays or complications, and it is worth ensuring that the application is complete and well-prepared before submission. The authorities are required under the Agreement to assist applicants in proving their eligibility and to give them the opportunity to correct any errors or omissions.

Once permanent residence under the Withdrawal Agreement has been acquired, it is secure. Under Article 15(3) of the Agreement, the right of permanent residence can only be lost through absence from Germany for a period exceeding five consecutive years.

British nationals who had already completed five years of qualifying residence in Germany before the end of 2020 and subsequently left the country are not necessarily excluded from permanent residence. Provided the absence has not exceeded five consecutive years, the right to return and apply remains intact. Those in this position should seek legal advice to confirm their position before making any application.

The EU-UK Withdrawal Agreement came into force on 1 February 2020 and was designed to protect the rights of British nationals in Germany who had been exercising their right to free movement in EU member states before the end of the transition period on 31 December 2020. In Germany, those who registered their residence under the Agreement before 30 June 2021 received the Aufenthaltsdokument-GB, confirming their protected status. The right to permanent residence for this group is governed by Articles 15 to 17 of the Agreement, which operate independently of current EU free movement law and are unaffected by subsequent changes to German immigration legislation.

Schlun & Elseven Rechtsanwälte advises British nationals at every stage of the permanent residence application process under the Withdrawal Agreement. Whether you need clarity on whether your period of residence qualifies, advice on how temporary absences or changes in status may have affected your position, or support in preparing a complete and well-documented application, our immigration law team is available to assist. We also advise on family member rights under the Agreement, as well as longer-term options beyond Withdrawal Agreement status, including the settlement permit, the permanent EU residence permit, and German naturalisation.