Key Takeaways:
- British citizens legally resident in Germany before December 31, 2020, are now entitled to permanent residency under the Brexit Withdrawal Agreement.
- The process involves applying at your local immigration office (Ausländerbehörde) to exchange your temporary Article 50 permit for a permanent card.
- Applicants do not need to provide proof of German language skills (B1 level) or pension contributions, which are standard requirements for other third-country nationals.
- Having the correct document is crucial to avoid being flagged as an overstayer under the EU's new Entry/Exit System (EES).
It has been over six years since the UK left the European Union, yet for the estimated 180,000 British citizens in Germany, navigating post-Brexit residency rules remains a live issue. While their rights are protected by the Brexit Withdrawal Agreement (WA), securing the correct documentation—especially the coveted permanent residency status—requires proactive steps.
For those who were registered in Germany before the 2020 deadline, the right to stay was automatic. To prove this, they were urged to obtain a special Aufenthaltsdokument-GB (Article 50 permit). Initially, this was issued as a temporary card for those with less than five years' residence, or as a permanent card for long-term residents.
The Path to Permanent Residency
The critical update is that the five-year residency requirement under the WA has now been met for all pre-2021 arrivals. According to German immigration lawyer Sven Hasse, this triggers an automatic entitlement to permanent residence.
"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," says Hasse. "For all British citizens who entered the country before the end of the transition period, the five-year period has now expired."
The permanent card offers significant advantages:
- Indefinite status without periodic renewals.
- The right to leave Germany for up to five years without losing residency.
- Full rights to live, work, and access services.
How to Apply for Your Permanent Card
The application process is straightforward but requires engagement with local authorities. Here is a step-by-step guide:
- Contact your local immigration office (Ausländerbehörde) to schedule an appointment. In many cities, like Berlin, this can be initiated via an online form.
- State your case clearly: Inform them you have lived in Germany for over five years under the Withdrawal Agreement and wish to convert your temporary permit into a permanent Aufenthaltsdokument-GB Daueraufenthalt.
- Gather your documents. You will likely need:
- A copy of your passport.
- Your current Article 50 permit.
- Your current registration certificate (Anmeldung).
- Proof of employment (e.g., employer certificate, last three payslips) or proof of funds and health insurance if not employed.
- Attend your appointment to submit documents, provide a biometric photo, and have your fingerprints taken.
- Collect your new card, which is typically valid for ten years and can be renewed like a standard ID.
Navigating Common Hurdles and Knowing Your Rights
A recurring issue for Brits has been inconsistent application of the rules by local caseworkers unfamiliar with the WA's specifics. It is vital to know your rights to avoid unnecessary requests.
- No Language Test Required: Unlike other residency routes, you do not need to prove B1 German proficiency.
- No Pension Proof Mandatory: While a pension contribution report can help prove employment history, it is not a legal requirement for the WA permit.
- Proving Continuous Residence: The authorities may check you have been physically present. Stays abroad should not exceed six months per year. Your Anmeldung alone is not sufficient proof; travel records or employment history may be needed.
What If You Missed the Initial Deadline?
If you never applied for the original Article 50 document, you have not lost your rights. German government advice confirms that the right to residence existed by law. You should approach your foreigners authority immediately to apply for the required document.
The EES Factor: Why Updated Documents Are Crucial
With the imminent launch of the EU's Entry/Exit System (EES), having the correct residency document is more important than ever. The EES will digitally track non-EU entries and exits.
Without your permanent Aufenthaltsdokument-GB, you risk being incorrectly registered as a short-term visitor. This could lead to you being wrongly flagged as an "overstayer" when crossing Schengen borders, causing significant delays and complications.
The German government explicitly advises Brits to secure their WA document to prevent this automated error.
For the British community in Germany, securing permanent residency is the final step in solidifying their post-Brexit lives. By understanding the process and their protected rights, they can ensure their long-term future in Germany remains secure.