If you are a UK citizen living in Germany and covered by the Withdrawal Agreement, you have the right to work in Germany.

This is one of the key rights under the Withdrawal Agreement. Unfortunately it seems that some UK citizens have had that right challenged, so here is some information that may help.

Information on working rights

The Bundesministerium für Arbeit und Soziales web page on Brexit includes the following information:
‘Durch das Austrittsabkommen werden die Rechte der EU-Bürgerinnen und EU-Bürger, die zum Ende der Übergangsphase im Vereinigten Königreich wohnen, sowie die Rechte der Britinnen und Briten, die zum Ende der Übergangsphase in der EU wohnen, umfassend geschützt; sie können weiterhin im Vereinigten Königreich bzw. der EU leben, arbeiten, studieren und soziale Sicherheit genießen.’ 
https://www.bmas.de/DE/Themen/Soziales-Europa-und-Internationales/Europa/Brexit/brexit-artikel.html

Here there are FAQs from the Ministerium including on the right to work for UK citizens in Germany covered by the WA:
https://www.bmas.de/DE/Themen/Soziales-Europa-und-Internationales/Europa/Brexit/Fragen-und-Antworten/faq-artikel.html
As far as we know, these are currently only available in German.

The Bundesministerium des Inneren Frequently Asked Questions includes the following:
‘From 1 January 2021, persons who were entitled to live or work in Germany (or another EU member state) until that date and who also exercised that right will essentially have the same rights as they had before withdrawal. ‘ BMI FAQs

Information for employers

This is a flyer addressed specifically to employers: https://www.bmas.de/SharedDocs/Downloads/DE/Thema-Internationales/info-arbeitgeberinnen-beschaeftigung-britische-staatsbuerger.pdf?__blob=publicationFile&v=2

Were you already working for your employer before 1 Jan 2021? In that case, your employer does not need to ask you for proof of your right to continue working. The flyer includes the following information addressed to employers of UK citizens:
‘Wenn Ihre Arbeitnehmerin oder Ihr Arbeitnehmer unter das Austrittsabkommen fällt, ist er oder sie auch ohne entsprechendes Dokument berechtigt, bei Ihnen zu arbeiten. Wenn Sie wissen, dass Ihre Arbeitnehmerin oder Ihr Arbeitnehmer berechtigt ist, müssen Sie nichts
weiter unternehmen.
Dies gilt vor allem dann, wenn

• britische Staatsangehörige oder
  
• Familienangehörige britischer Staatsangehöriger mit Aufenthaltskarte oder Daueraufenthaltskarte

bereits vor dem 31. Dezember 2020 bei Ihnen legal gearbeitet haben. Sie können dann, ohne sich weitere Dokumente vorlegen zu lassen, diese Arbeitnehmerinnen und Arbeitnehmer auch danach einfach weiter beschäftigen. Sie müssen keine Dokumente kopieren oder scannen oder
zu Ihren Lohnunterlagen nehmen.’

There is an official ‘Weisung’ (directive) from the Bundesagentur here: https://www.arbeitsagentur.de/datei/weisung-202012007_ba146766.pdf

The Bundesministerium des Inneren Frequently Asked Questions includes a question and answer in English and German: ‘I am an employer and employ UK nationals or their family members. What do I need to bear in mind in future?’ / ‘Ich bin Arbeitgeberin oder Arbeitgeber und beschäftige Britinnen oder Briten oder deren Familienangehörige. Was muss ich künftig beachten?’
BMI FAQs in English
BMI FAQs in German

In case your employer or prospective employer is confused or uncertain about your right to work, the links and documents above should provide clear information and reassurance.

Evidence of Withdrawal Agreement rights

Just in case you do need to provide proof that you are covered by the Withdrawal Agreement before you get your Aufenthaltsdokument-GB, as well as some of the links and information above, you may be able to use documents that you already have.  For example, a Meldebescheinigung, proof that you were previously working, a rental agreement, bank statements etc. But you can also request a temporary Fiktionsbescheinigung from your local Ausländerbehörde.  You can find more information about how to contact your Ausländerbehörde here  Residency in Germany after transition.

British in Germany e.V.  is solely run by volunteers giving their time and support to the organisation for free.   We’d welcome your support and/or membership for a mere 15 Euros a year. You can find more information here. 

Main image Pexels @ pixabay

German and UK dual nationality

The deadline for applications for German citizenship under the special law passed by the German government (Brexit Übergangsgesetz) is the end of the transition period (31 December, 2020). So time is running short!

More about the Brexit Übergangsgesetz

Click here for more information on Applying-for-german-citizenship

Image by Arek Socha from Pixabay

From 1 January 2021, new rules will apply to UK citizens travelling to  Germany. 

(*If you are looking instead for information about how to get your new residence document (Aufenthaltsdokument-GB)?  Find out more here.)

22 December, 2020
Updated travel information from British in Europe is here.
23 December, 2020
Link to German Embassy in London travel information here.

If you are a dual German, EU/EEA or Swiss citizen, you still enjoy freedom of movement as before. Make sure to use that passport when crossing an EU or Schengen border.

If you are covered by the Withdrawal Agreement, you have the right to enter and exit Germany (as your host country) without having a visa or being subject to other formalities. This is set down in Article 14 of the WA. However, you won’t be able to use e-gates or lanes reserved for EU/EEA/Swiss citizens. Once issued, you should keep your new residence document (Aufenthaltsdokument-GB) with you whenever you travel and show this along with your passport at the border.

Note: UK citizens will also be subject to Schengen rules on length of visa-free stay. Schengen rules allow up to 90 days stay within a 180 day period without a visa.  This includes UK citizens covered by the Withdrawal Agreement for travel outside their host Member State.

What do you do if you are planning to travel outside Germany and have not yet got your new Aufenthaltsdokument-GB to provide evidence of your status? 

Information from the Bundespolizei

British in Germany has asked the Bundespolizei this very question. They are responsible for all German border controls. We received their response on 10th December and it makes clear that border officials will be aware of the rights of resident UK citizens. Here is what they told us about being able to prove that you belong to the group covered by the Withdrawal Agreement.

“Die Beantragung einer Fiktionsbescheinigung ist bereits zum jetzigen Zeitpunkt möglich, um britischen Staatsangehörigen, welche ab dem 1. Januar 2021 aus dem Ausland nach Deutschland reisen wollen, das Aufenthaltsrecht bescheinigen zu können.

Allerdings sind auch nach hier vorliegenden Erkenntnissen die Ausländerbehörden derzeit aufgrund der Corona-Pandemie nur eingeschränkt erreichbar, so dass die notwendigen Bescheinigungen nicht immer zeitgerecht erteilt werden können.

Die Grenzbehörden sind deshalb angewiesen worden, zum Nachweis des Aufenthaltsrechts ab dem 1. Januar 2021 vorerst auch anderweitige Bescheinigungen anzuerkennen. Das können bspw. Anmeldebescheinigungen, Mietverträge oder auch Arbeitsverträge sein.

Insofern wird empfohlen, dass während einer Reise mindestens eine der o.g. Bescheinigungen mitgeführt wird, um damit bei der Einreise nachweisen zu können, dass der britische Staatsangehörige oder Familienangehörige Aufenthaltsrechte in Deutschland nach dem Austrittsabkommen zwischen der EU und Großbritannien in Anspruch nehmen kann. Die Einreise ist dann möglich.”

If you are not sure that you understand the content of this German version, please put it into an online translator. We are not providing an unofficial translation so that our published version remains the exact wording actually used by the Bundespolizei.

How to show your residency when you return to Germany?

Drawing on the suggestions from the Bundespolizei, here are some actions you can take.

1. Fiktionsbescheinigung

You may be able to request a Fiktionsbescheinigung. This is a temporary document from your local Ausländerbehörde which shows that they have registered your request for an Aufenthaltsdokument-GB.

Some Ausländerbehörde offices are issuing a Fiktionsbescheinigung by default to those who attend for interview or complete an online form, but this is only happening at the moment in some offices. You can ask your local office and explain your travel plans.

If you are not able to get a Fiktionsbescheinigung, your local Ausländerbehörde, is supposed to provide you with simple written confirmation (by letter or e-mail) that you have notified them of your residence in Germany. 

2. Meldebescheinigung

Everyone living in Germany has to do their Anmeldung (registration) when they move into a new home. When you did this, you will have been given an Anmeldebestätigung. The Meldebescheinigung is a certificate confirming that you are still registered as living at a specific address on the date of issue.

This is a standard document that can be requested by any resident at any time. It is usually easy to obtain from a local registration office, either in person, online, or by post. There is typically a fee but this is usually low.

3. Other evidence of living in Germany before 31.12.2020

If you can’t get either the Fiktionsbescheinigung of the Meldebescheinigung, then as the Bundespolizei have advised us above, it’s important to take other documents to show evidence of your residence and that you were already resident before the end of the transition period (31st December, 2020). Examples of documents include:

• Anmeldebestätigung (original registration confirmation)
• rental contract
• recent bank statement
• employment contract
• recent salary statement
• benefits or pensions statement
• health insurance card or documents
• an immatriculation certificate from a German university
• evidence of self-employment in Germany.

4. Evidence of outward travel

If you are travelling out from Germany, then we suggest you also keep your tickets, boarding cards or similar and carry these with you when you return.

Corona and travel

If you are planning travel at this time, you will also need to take into account Corona regulations including any quarantine requirements. Some press discussion recently has highlighted the likelihood that non-essential travel to Germany by UK citizens would cease to be possible after 31 December. Our understanding is that, under such circumstances, UK residents of Germany will still be able to return, but this underlines the importance of being able to prove that you are a resident.

UPDATE 22 December, 2020

British in Europe posted information on their website about travel at this time. This followed the introduction of additional restrictions due to the new corona strain identified in the UK. British in Europe will try to maintain the information there.

britishineurope.org/travel-during-covid-19-times

Information on WA rights

You may also want to carry official summary documentation that describes the rights you have, just in case the official you deal with is not be aware.

For example, you can find information from the Federal Ministry of the Interior, Building and Community (BMI) here:
https://www.bmi.bund.de/brexit-info-en (English)
https://www.bmi.bund.de/brexit-info (German)

If you are asked by anyone else about your status, for example, employers, financial institutions, landlords etc, the same documentation may be helpful. Provided you are covered by Withdrawal Agreement rights, you have the right to live, work and study in Germany. Therefore this is not something that you should expect to be challenged on. But worth knowing, just in case.

Travel information from British in Europe can be found here:
https://www.britishineurope.org/articles/63738-travelling-into-and-out-of-the-schengen-area 
https://www.britishineurope.org/articles/66847-travel-for-british-in-europe-during-covid-19-times

The UK Foreign, Commonwealth & Development Office also produces a “Living in Germany” guide: https://www.gov.uk/guidance/living-in-germany

For in-depth information on the Withdrawal Agreement and your rights, make sure you read British in Europe’s handy explanatory guides:
https://www.britishineurope.org/page/1016540-explanatory-guides

Finally, British in Europe have published detailed information on the overall changes for UK citizens travelling in and out of the Schengen area in future:
https://www.britishineurope.org/articles/63738-travelling-into-and-out-of-the-schengen-area

Main image by Thobias Rehbein from Pixabay

The new German law  on the future of UK citizens’ residence in Germany, covered by the Brexit Withdrawal Agreement, was passed in November 2020 by the Bundestag and the Bundesrat and signed off by the German President, coming into force on 24th November 2020.  

For all UK citizens who are living in Germany at the end of transition on 31st December 2020,  (and that means actually registered with an ‘Anmeldung’  at your local Bürgeramt not just, for example, on a business trip or holiday) this law is really important.  It’s the culmination of hard negotiation and lobbying that British in Germany e.V. has been involved in with German and British authorities over many months.  It basically puts into German law all your future rights to live, work, study and retire in Germany and defines how you will be able to evidence those rights in future.

The fundamental decision Germany has adopted (which British in Germany e.V.  supports) is an approach known as “declaratory”. This means that if you are registered as living in Germany and are exercising your free movement rights at the end of transition then, by law, you acquire residence status in Germany as set out in the Withdrawal Agreement. 

What you need to do is to request an individual residence document (Aufenthaltsdokument-GB) so you have evidence of your rights under the Withdrawal Agreement.   

The first step is to notify your local Foreigner’s Office (Ausländerbehörde) that you are living in Germany .  

Important to note, this is not the same as the registration (Anmeldung), which you are required to do on arrival in Germany.

If you already have a Daueraufenthaltsbescheinigung-EU (Certificate of the right of permanent residence for EU citizens), you will be able to swap this for the new document without charge.

If you have dual UK-German citizenship, you have residence rights in Germany as a citizen and do not need to request an Aufenthaltsdokument-GB.

So what do UK citizens in Germany need to do now?

Contact your local Foreigner’s Office (Ausländerbehörde) asap*  You can tell them that in accordance with § 16 FreizügG/EU and Article 18 (4) of the Withdrawal Agreement, you wish to:

• • Notify them of your residence in Germany, having exercised your free movement rights under EU law
  • Request that they issue you with a residence document (Aufenthaltstitel-GB)

*It’s possible that the Ausländerbehörde may have already contacted you, and we know from our members some have already done so.  Others may be providing information on how to start the process via their local web page.  Check it out, but if you haven’t heard anything, it’s definitely worth you taking the initiative yourself. 

You can check which office is responsible for you here: https://www.bamf.de/DE/Service/ServiceCenter/BeratungVorOrt/Auslaenderbehoerden/auslaenderbehoerden-node.html

Time period
The time period set by the Brexit Withdrawal Agreement for notifying of residence in Germany is 6 months from end of transition i.e. up to 30th June, 2021. 

Documents needed
The Ausländerbehörde will want to see your passport as proof of identity and UK citizenship, plus evidence of your local registration (Anmeldung). You may need to get an up-to-date Meldebescheinigung from your local town hall or other registration office. To visit the Ausländerbehörde you will probably need to make an appointment, especially in these Covid times when phone or e-mail appointments will be more popular.

You may also be asked for other documents that will help to show your residence in Germany under EU freedom of movement rules, such as tax, salary or bank statements, or evidence of student status.

Withdrawal Agreement and residency

You are covered by the Withdrawal Agreement if you are legally resident in Germany at the end of the transition period and if you continue to live here after this date. “Legally resident” means that you meet the conditions that apply to an EU citizen exercising free movement rights.

For more on the definitions of “legally resident” and “exercising free movement rights” see Explainer 1 on the British in Europe website here, and information in the FAQs from the BMI here.

As part of establishing that you are legally resident, if at all possible, make sure you have your Anmeldung (local registration) before 31st December, 2020. However, an Anmeldung alone is neither necessary nor sufficient for you to gain a status under the Withdrawal Agreement.

What do I end up with?

The residence document which you should receive (Aufenthaltsdokument-GB) will look something like this:

The right to work will be noted under “Anmerkungen”. This is also where a note may be included to state that you have permanent residency (after 5 years) or that you also have a Blue Card or EU long term residence permit.

Our current understanding is that these documents will be produced centrally and that production will start in January 2021. So even if you are able to start the process in December with your local Ausländerbehörde, the document will probably not be issued before the beginning of 2021.

Cost?
The standard cost for issuing an Aufenthaltsdokument-GB will be EUR 37.00 for those over 24 and EUR 22.80 for those who are younger. This is the same cost of an identity card for a German citizen.

What happens locally?

Local Ausländerbehörde around the country are responsible for issuing residence documents. Some have already updated their websites with the latest information, including information about what steps you should take, but some haven’t yet.  As we’ve said, some offices have already written directly to UK citizens in their area, while others may take a different approach.  As always, with the German federal system, there are likely to be differences in the ways that Ausländerbehörde run the process.  Therefore British in Germany e.V. advises that you take the initiative yourself to contact them if you’ve not heard anything.  While the processing for the Aufenthaltsdokumente-GB is local, it’s important to remember that the legal framework for the new German residency law is national. 

German and UK government information

Press release from the German Ministry of the Interior (BMI)
English: https://www.bmi.bund.de/…/right-of-residence-for-uk…
German: https://www.bmi.bund.de/…/aufenthaltsrecht-britischer…

FAQs relating to the German national law which may be a useful reference when talking to your local Ausländerbehörde.
English: https://www.bmi.bund.de/…/brexit/faqs-brexit.html…
German: https://www.bmi.bund.de/…/verfa…/brexit/faqs-brexit.html

The UK Government and the British Embassy in Germany publish information for UK citizens in Germany. You can request regular update emails via the website.
Website: https://www.gov.uk/guidance/living-in-germany
Facebook:https://www.facebook.com/1766520453638506/posts/2569823969974813/?d=n

Information on Withdrawal Agreement rights

Summaries and detailed guides from British in Europe https://www.britishineurope.org/page/1016540-explanatory-guides

British in Germany e.V.  is run by volunteers all giving their time and their expertise for free.  We therefore value your membership for 15 Euros a year, which goes towards expenses incurred in running the organisation.  You can apply for membership here.

Main image by Pete Linforth at pixabay

Are you still driving on a UK driving licence? If you live in Germany and intend to drive here after the end of Transition, then you need to exchange your UK driving licence for a German one as soon as possible.

The UK government website below confirms that you may continue to drive on your UK driving licence until the end of Transition. But after Transition the rules for third country nationals will apply. Transition is expected to end on 31st December, 2020.

https://www.gov.uk/guidance/driving-in-the-eu-from-1-january-2021-uk-licence-holders-living-in-the-eu

What do you need to do to exchange your licence?

– Get your application in as soon as possible and in any case before the end of Transition.

– To apply, contact the “Führerscheinstelle” at your local Kreisverwaltung.

– Read the current fact sheets (in English) from the German Federal Ministry of Transport on driving licences (see links below – they contain a lot of extra detail).

What if you return to live in the UK later?

The UK government website guidance on Living in Germany states that if you return to the UK in future, you can exchange your German driving licence for a UK licence without taking another test .

https://www.gov.uk/guidance/living-in-germany

New test requirement?

Nationals of some third countries are required to take a test (theory and/or practical) before they can exchange their driving licences for a German one. The British Embassy stated before the Withdrawal Agreement was finalised that, in a no-deal scenario, British citizens would have to take the German driving test if exchanging their licence after the Brexit date. If and when we have further information, we will update here.

Links:

A good and authoritative source regarding driving licences in Germany is the English-language web page of the German transport ministry:

https://www.bmvi.de/SharedDocs/EN/Articles/StV/Roadtraffic/validity-foreign-driving-licences-in-germany.html

This has links to:

“Fact sheet for holders of foreign driving licences from EU and EEA states on driving licence provisions in the Federal Republic of Germany”

www.bmvi.de/SharedDocs/EN/Documents/LA/fact-sheet-foreign-driving-licences.pdf?__blob=publicationFile

and:

“Fact sheet for holders of foreign driving licences from states outside the European Union and the European Economic Area on driving licence provisions in the Federal Republic of Germany”

www.bmvi.de/SharedDocs/EN/Documents/LA/driving-licence-provisions-fact-sheet.pdf?__blob=publicationFile

Further information on driving licences in the EU:

https://europa.eu/youreurope/citizens/vehicles/driving-licence/driving-licence-recognition-validity/index_en.htm

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Since the Brexit referendum in June 2016, 31600 British nationals have been granted German citizenship up to 2019. The vast majority have retained their British citizenship which is possible with all applications accepted up to 31st December 2020.

German law states that dual citizenship should usually be avoided. However, there are some exceptions, for example, for EU citizens. Whilst Britain was an EU member, British citizens who gained German citizenship could do so without losing their British citizenship as they benefited from § 12 Abs. 2 of the Staatsangehörigkeitsgesetz (StAG).

There’s good news if you already have dual British and German citizenship. You can keep both and after the Transition Period has ended you will not have to choose one over the other.

So is it too late now to get dual citizenship? What happens to people who apply for German citizenship during the Transition Period or applied before Transition started and are still waiting for a decision?

As the UK is now no longer an EU Member State, § 12 Abs. 2. StAG no longer applies. But there is still a chance to gain German citizenship without losing your British citizenship.

The Bundestag passed a law (Brexit-Übergangsgesetz) in 2019, which gives you the right to keep your UK citizenship if you apply and meet the other usual conditions for German citizenship before the end of the Transition Period. So if you think you meet the conditions and would like to get dual citizenship, now is the time to act.

Below is an unofficial English translation of the relevant part of this Brexit-Übergangsgesetz, § 3 Abs. 1 BrexitÜG. Please note, however, that the original German version is the only legally valid text.

§3 Naturalisation of British and German citizens 

(1) For British citizens who make an application for naturalisation in Germany before the end of the Transition Period, the otherwise applicable requirement under the Staatsangehörigkeitsgesetz (Citizenship Law) to renounce British citizenship will be waived, provided that all other naturalisation requirements were met by the end of the Transition Period and continue to be met at the time of naturalisation.

How long does the Transition Period last?

The Transition Period began on 1 February 2020 and is due to end on 31 December 2020.

The Withdrawal Agreement contains a provision (Article 132) which potentially allows a single extension of 1 or 2 years if that is requested by July 2020 but the British government’s position currently is that it will not request such an extension.

How can I find out about the requirements to apply for German citizenship?

Generally, you will need to have been resident in Germany for 6 or 8 years depending on your language ability. If you are married to or in a registered partnership with a German citizen then a shorter residence period is required.

You can find more information about the residence and other requirements and how to go about applying for citizenship on these BAMF website pages: https://www.bamf.de/EN/Themen/Integration/ZugewanderteTeilnehmende/Einbuergerung/einbuergerung.html

https://www.integrationsbeauftragte.de/ib-de/service/fragen-und-antworten/612466-612466?index=612512

If I want to apply for German citizenship, what do I do?

If you want to apply for German citizenship (Einbürgerung), you first need to contact your local Foreigners Office (Ausländerbehörde) to get advice. You can find your office via the following link:  https://www.bamf.de/DE/Service/ServiceCenter/BeratungVorOrt/Auslaenderbehoerden/auslaenderbehoerden-node.html

The process is basically the same in all parts of Germany, but the time it takes to get appointments and to process your application may differ.

What is the advantage of getting German citizenship? Surely my rights to stay in Germany are covered under the Withdrawal Agreement.

The Withdrawal Agreement provides a lot of rights for those of us who will be living in the European Union at the end of the Transition Period. These include the right to continue to reside in our host country, i.e. Germany, but that right is limited to our host country. So you will lose the entitlement to move to or work in France, Spain, Sweden or elsewhere in the EU. As a German citizen, you would maintain that right. Another example is the right to vote in national German elections or to stand for political office at local and national level. This is only available if you have German citizenship.

A decision about whether you would like to apply for German citizenship is personal. It will depend on a lot of factors which are different for each individual.

I have citizenship of Ireland (or another EU country) and UK citizenship. Why would I need German citizenship?

Irish or other EU citizenship will mean you keep your EU rights including onward freedom of movement after the end of the Transition Period.

You will not have the right as an EU citizen to vote or stand in national elections in Germany. But you can vote and stand in some local elections.

Is there a difference in the law on citizenship depending on the German Federal State where I live?

No. Citizenship law is a German Federal competency and the law is the same everywhere in Germany. However, each State (Land) is responsible for the process for naturalisation. This means there may be differences in the details of the application form or the name of the office you need to go to.

There is also a degree of discretion as to whether, for example, a recent Germany-issued certificate of language competency is required or whether qualifications gained at school in the UK are considered acceptable.

I already have dual German-British citizenship. Will I have to give up my British citizenship at the end of the Transition Period?

No. If you already obtained German citizenship whilst the UK was a member of the European Union or during the Transition Period, then the rules that were valid at the time you obtained your citizenship apply. You do not need to renounce your UK citizenship.

I will not qualify for German citizenship before the end of the Transition Period. Can I apply later?

Yes. However, you will no longer have the right to keep your UK citizenship so will probably have to relinquish it in order to take German.

It seems that there are different requirements for citizenship in different EU countries. How can that be?

The requirements for obtaining citizenship of an EU country are decided by each individual country rather than at EU level. So there are differences between the countries.

I have citizenship of another non-EU country (e.g. Canada, India, Australia) as well as of the UK. Will I be able to keep both if I apply for German citizenship?

German law states that dual citizenship should be avoided, but allows some limited exceptions, for example, for EU citizens. Usually Germany requires citizens of other countries to give up that citizenship when obtaining German. However, sometimes exceptions are made to this rule.  It is best to check for your specific case with the local Foreigners Office (Ausländerbehörde).