Brexit: New information for U.K. nationals in Germany

IMPACT – HIGH

What is the change? Germany has released updated information on residence for U.K. nationals in Germany or planning to move to Germany until the end of the year.

What does the change mean? Beginning in 2021, U.K. nationals will generally require a residence permit to reside in Germany. U.K. nationals in Germany or moving to Germany by Dec. 31, 2020, can be eligible for residence under the Brexit withdrawal agreement. In order to obtain this type of residence, U.K. nationals must register locally with the appropriate registration office by Dec. 31, 2020, and with the responsible Immigration Office by June 30, 2021. During a grace period that lasts until March 31, 2021, U.K. nationals who entered Germany before Dec. 31 will not need a residence permit. An application for a residence permit has to be filed for the time after the grace period, however.

• Implementation time frame: Ongoing.
• Visas/permits affected: Residence permits.

• Who is affected: Employers and U.K. national employees currently in Germany or planning to move to the country by Dec. 31, 2020.
• Impact on processing times: Some delays in registration should be expected given that this is a new process.
• Business impact: Companies with U.K. national employees should check whether their U.K. employees will be able to obtain residence under the Brexit withdrawal agreement since this could impact their right to work in Germany.
• Next steps: U.K. nationals living in Germany should make sure they register locally with the appropriate registration office by Dec. 31 and with the responsible Immigration Office by June 30, 2021.

Additional information: The U.K. left the EU on Jan. 31. A Brexit transition period that was put in place remains in effect until Dec. 31. U.K. nationals who arrived in Germany before the end of the transition period are guaranteed residence and freedom of movement under the withdrawal agreement; those who arrive after the transition period will be treated more like other third-country nationals.

Analysis & Comments: The new information provides some certainty for U.K. nationals in Germany. The rights under the withdrawal agreement are generally broader than rights under the German Immigration Act, and it is therefore worthwhile for U.K. nationals and their employers to check to see if they qualify for this type of residence. For more information, please consult your Deloitte immigration team.

It remains to be seen whether U.K. nationals arriving after the end of the transition period will have any more right than other third-country nationals in the long-term. Deloitte will continue following news in this area and will provide additional information as it becomes available.

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