Key Takeaways: British citizens legally resident in Germany before December 31, 2020, have their rights protected by the Brexit Withdrawal Agreement. After five years of continuous residence, they are now entitled to apply for a permanent residence card. This document grants indefinite status and is crucial for avoiding issues with the EU's new Entry/Exit System (EES).
It has been over six years since the UK left the EU, but for the estimated 180,000 British citizens in Germany, navigating post-Brexit residency remains a live issue. While their rights are safeguarded, many face practical hurdles when dealing with local authorities.
The core principle is clear: Brits registered in Germany before the Brexit cut-off date automatically retain the right to stay under Article 50 of the Withdrawal Agreement. To prove this, they were urged to obtain a special post-Brexit residence card, the Aufenthaltsdokument-GB.
Understanding Your Residence Document
Initially, the type of permit issued depended on length of residence:
- Temporary Permit: For those with less than five years' residence. Valid for up to five years and requires renewal.
- Permanent Residence Card (Aufenthaltsdokument-GB Daueraufenthalt): For those with over five years' residence. This is the key document.
The permanent card offers significant advantages:
- Indefinite residence status.
- The right to live, work, and access services.
- Ability to leave Germany for up to five consecutive years without losing status.
"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. For all British citizens who entered the country before the end of the transition period, the five-year period has now expired," explains German immigration lawyer Sven Hasse.
How to Apply for Permanent Residence
The critical milestone has passed. All eligible Brits have now resided in Germany for over five years, entitling them to upgrade. Here is the practical process:
- Contact Your Local Immigration Office (Ausländerbehörde). Initiate the process by informing them you wish to convert your temporary document into a permanent one under your Withdrawal Agreement rights.
- Prepare Your Documentation. You will likely need to provide:
- A copy of your passport.
- Your current Anmeldung (registration certificate).
- Proof of employment (e.g., employer certificate, last three payslips).
- For the self-employed: a recent tax assessment.
- For non-workers: proof of health insurance and sufficient funds.
- Attend an Appointment. You'll provide a biometric photo, fingerprints, and any additional documents.
- Collect Your New Card. After processing (usually several weeks), you'll receive your permanent residence document, typically valid for ten years and renewable like an ID card.
Navigating Potential Hurdles
A common challenge is inconsistent knowledge of the Withdrawal Agreement among local caseworkers. It's vital to know your specific rights.
- 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 Mandate: While a pension report can help prove employment, it is not a legal requirement for this permit.
- Proving Continuous Residence: Authorities may query physical presence. Stays abroad should generally not exceed six months per year. Your Anmeldung alone does not prove continuous residence.
What If You Missed the Deadline?
If you never applied for the initial Aufenthaltsdokument-GB, your underlying rights are not lost. The German government states that failing to report by the June 2021 deadline does not extinguish a right that existed by law. You should still approach your foreigners authority to apply for the document.
The EES Border Control Imperative
Securing the correct document 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 residence rights, you risk being wrongly flagged as a short-term visitor and potential "overstayer" each time you cross a Schengen border. Your Aufenthaltsdokument-GB is the key to smooth travel.
For British citizens who made Germany their home before Brexit, the path to permanent, secure residency is now clear. By proactively engaging with authorities and asserting their well-established rights, they can secure their future in the EU.