Key Takeaways: British citizens legally residing in Germany before December 31, 2020, have their rights protected by the Brexit Withdrawal Agreement. Having now passed the five-year mark, they are entitled to apply for permanent residency. This status offers indefinite rights and greater freedom of movement compared to temporary permits. Navigating local immigration offices requires knowing your specific rights under the agreement.
It has been over six years since the UK left the EU, but for the estimated 180,000 British citizens in Germany, the administrative legacy of Brexit remains a daily reality. Their right to reside is safeguarded by the Brexit Withdrawal Agreement (WA), yet many face practical hurdles when dealing with local authorities.
The core principle is clear: Brits registered in Germany before the 2020 cut-off date automatically retain the right to live and work there under Article 50 of the WA. To prove this status, they were encouraged to obtain a special post-Brexit residence card, the Aufenthaltsdokument-GB.
From Temporary to Permanent Status
The type of card initially issued depended on length of residence at the time of application. Those with less than five years in Germany typically received a temporary permit, valid for up to five years. Those with longer residency were granted a permanent residence card (Aufenthaltsdokument-GB Daueraufenthalt) from the start.
The crucial development is that time has now passed the five-year threshold for all pre-2021 residents. According to German immigration lawyer Sven Hasse, this triggers a right to permanent residency.
“A permanent right of residence under the Withdrawal Agreement arises if the person has exercised the continuing right to freedom of movement... for five years,” Hasse states. “For all British citizens who entered the country before the end of the transition period, the five-year period has now expired.”
Why Permanent Residency is the Better Option
The benefits of upgrading are significant:
- Indefinite Status: No need for periodic renewals of your right to stay.
- Extended Absences: You can leave Germany for up to five years without losing your residency status.
- Full Rights: Unrestricted access to work, healthcare, and social services.
How to Apply for Your Permanent Document
The process to convert your temporary document into a permanent one is straightforward but requires preparation.
Step 1: Contact Your Local Immigration Office Initiate the process by contacting your local Ausländerbehörde (foreigners' registration office). In cities like Berlin, this can often be done via an online form. Clearly state that you wish to convert your existing WA document to a permanent one based on your five-plus years of residence.
Step 2: Gather Your Documentation You will likely need to provide:
- A copy of your valid passport.
- Your current Aufenthaltsdokument-GB.
- Your Anmeldung (registration certificate).
- Proof of employment (e.g., a certificate from your employer, your last three payslips).
- For the self-employed: a recent tax assessment.
- If not employed: proof of comprehensive health insurance and sufficient funds.
Step 3: Attend Appointments You will be invited to the office to provide a biometric photo, fingerprints, and any additional documents. After processing, you can collect your new permanent residence card, typically valid for ten years before a simple renewal.
Navigating Potential Hurdles with Authorities
A common challenge is inconsistent knowledge of WA rules among local caseworkers. It's vital to know your specific rights to avoid unnecessary requests.
- No Language Test Required: Unlike other third-country nationals, Brits applying under the WA do not need to prove B1 German skills.
- No Pension Contribution Proof: While a pension statement can help prove employment history, it is not a legal requirement for the application.
- Proving Continuous Residence: Authorities may query physical presence. Remember, absences from Germany should generally not exceed six months per year to maintain continuous residence. Your Anmeldung alone does not prove this.
What If You Never Got Your Initial Document?
If you missed the original June 2021 deadline to report your residence, don't panic. The German government clarifies that your underlying right of residence under the WA remains intact. You should contact your immigration office immediately to apply for the Aufenthaltsdokument-GB belatedly.
The EES Border System: A New Urgency
Updating your documents is becoming increasingly urgent with the upcoming EU Entry/Exit System (EES). This automated border system will track non-EU entries and exits.
Without proof of your WA residency rights, you risk being wrongly flagged as a short-term visitor who has overstayed. Your Aufenthaltsdokument-GB is the key document to present at Schengen borders to avoid this administrative nightmare.
Securing your permanent residency status is more than an administrative task—it's about solidifying your long-term future in Germany under the protections agreed upon during Brexit. By being prepared and informed, you can navigate the process smoothly and secure the indefinite right to call Germany home.