Brexit Brits eligible for permanent residence in Germany

Certain British citizens who were granted a temporary German residence permit after Brexit are now entitled to a permanent residence permit. Here’s what you need to know:

Some Brits now entitled to permanent German residence

When the United Kingdom left the European Union in 2021, Article 50 of the Brexit Withdrawal Agreement meant that British citizens who were registered in Germany before December 31, 2020, could continue living and working in the federal republic.

These British citizens were given the opportunity to register with German immigration authorities and apply for a specific residence permit, the Aufenthaltsdokument-GB. When they attended their appointment, British residents were either given a temporary or permanent residence permit.

Typically, those who had been in Germany for fewer than five years received a temporary permit, and those who had been in Germany for five years or more received a permanent residence permit.

Now, British citizens who were registered in Germany before December 31, 2020, who were granted a temporary residence permit and have stayed in Germany since, are entitled 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 under the EU-directive or the Withdrawal Agreement for five years," Sven Hasse, an immigration lawyer, told The Local.

"For all British citizens who entered the country before the end of the transition period, the five-year period has now expired," Hasse explained.

How can Brits claim their German permanent residence?

Because the United Kingdom is the only country ever to have left the European Union, the Withdrawal Agreement is unique. This means that employees at German immigration authorities are not always au fait with the nitty-gritty.

For that reason, if you are a British citizen who has been registered in Germany since before December 31, 2020, and have been living in Germany on a temporary residence permit, don’t expect the local immigration authorities to get in contact and inform you of your entitlement.

Instead, you can contact the local authorities, inform them of the rules outlined in the Withdrawal Agreement and say you would like to convert your temporary residence permit to a permanent residence permit.

What are the requirements for Brits claiming permanent residence?

Typically, people applying for permanent residence in Germany must, among other things, prove that they have sufficient command of the German language (level B1) and basic knowledge of the social/legal system and way of life in Germany (demonstrated, for example, by successfully completing an integration course).

They must also prove that they have made contributions to a statutory pension scheme for at least 60 months or can provide evidence of a comparable old-age provision. However, these language and pension requirements do not apply to British residents protected under the Withdrawal Agreement.

However, if you contact your local immigration authorities and request to move from a temporary to a permanent permit, you will still have to submit certain personal documents and information about your financial situation in Germany.

This will include your passport and your registration certificate (Meldebescheinigung). Depending on your personal circumstances, you may also have to submit proof of employment or a tax assessment if you are self-employed, your last three payslips and proof of health insurance. If you are unemployed, you may have to submit proof of financial independence and health insurance coverage.

Authorities may ask you to bring further documents to an appointment, where you will submit your ID photo and biometric information. They will tell you when you can expect to receive your new residence permit and if you can collect it or get it in the post.

What are the benefits of permanent residence?

If Brits protected under the Withdrawal Agreement can already change jobs, travel without a visa within the EU, what are the benefits of switching from a temporary to a permanent residence permit?

One of the biggest benefits is the time you can spend outside of Germany without compromising your immigration status. People with a permanent residence permit can live outside of Germany for up to five years without losing their entitlement to live in Germany.

What’s more, temporary residence permits have to be renewed every five to 10 years, but your permanent residence status is permanent. Once you have permanent residence, you will need to renew your physical residence permit card every 10 years, but your status will stay the same.

Of course, many Brits who have been living in Germany for over five years may also be eligible to apply for German citizenship. Unlike for some other nationalities, permanent residence is not a prerequisite for British citizens to apply for German citizenship. Find out more about the requirements here.