responsibility finder
Schleswig-Holstein

Brexit

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

The United Kingdom left the European Union on February 1, 2020. In this context, the so-called Withdrawal Agreement was concluded between the EU and the United Kingdom, which has since come into force. It applies throughout the EU, including in Germany.

A transition period was set for the period after the UK's withdrawal from the EU, which ended on December 31, 2020. During this transition period, everything initially remained the same in terms of residence law. The legal situation only changed after the end of the transition period.

The following principle applies to residence rights in the Withdrawal Agreement:

Until December 31, 2020the end of the transition period, residence rights were treated as if the United Kingdom were still an EU member state. The rights of residence of British nationals and their family members and the right to work in Germany have not changed in the meantime.

Since January 1, 2021 people who were previously entitled to reside or work in Germany (or another EU country) and had exercised this right have essentially had the same rights as before the exit. These rights exist by law. However, in order to be able to prove that you have rights under the Withdrawal Agreement, you will need a document that you can submit to the competent immigration/foreigners authority for your place of residence.

Until June 30, 2021 British nationals who were resident in Germany on December 31, 2020 and remain resident in Germany must register their residence with the immigration/foreigners authority responsible for their place of residence. immigration/foreigners authority in order to receive the new residence document. Late notifications will also be accepted.

The Federal Ministry of the Interior, Building and Community (BMI) provides information on its website about the basic residence regulations and special cases:

Questions and answers on the right of residence under the Withdrawal Agreement

https://www.bmi.bund.de/SharedDocs/faqs/DE/themen/verfassung/brexit/faqs-brexit.html

Information for British nationals and their family members on the right of residence under the Withdrawal Agreement

https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/verfassung/brexit-informationen-aufenthaltsrecht.html

Information for employers Employers - Employment of British nationals and their family members from January 1, 2021

https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/migration/brexit-informationen-arbeitgeber.pdf?__blob=publicationFile&v=4

You can find the English version here: https://www.bmi.bund.de/SharedDocs/downloads/EN/themen/constitution/brexit/information-for-employers.pdf?__blob=publicationFile&v=2

New British nationals arriving in Germany after 01.01.2021 can enter Germany without a visa. For entries for tourism purposes, British nationals do not require a visa for a short stay (90 days within 180 days). The residence permit required for a longer-term stay (e.g. for the purpose of gainful employment) can be obtained in Germany. This must be applied for within 90 days of entry. The residence permit must be obtained from the responsibleimmigration/foreigners authority of the district or independent city.


Who should I contact?

Contact the immigration/foreigners authority of the district or city responsible for your place of residence. It is usually necessary to make an appointment.

Which documents are required?

You need a valid passport. The Immigration Office is entitled to check whether you are covered by the Withdrawal Agreement. For this purpose, proof may be required that conclusively shows that you were living in Germany on December 31, 2020, that you are still living in Germany now or that you used to live in Germany and that you have not stayed outside Germany for too long and have therefore retained your rights. Suitable documents include tax assessment notices, salary statements, bank statements, a certificate of study and other documents that show that you actually have or had a center of life in Germany.

What are the fees?

The cost of the new "Aufenthaltsdokument-GB" is based on the German identity card and amounts to: 37.00 euros for persons aged 24 and over and 22.80 euros for younger holders. No fee is charged if you were previously in possession of a permanent residence card.

Legal basis

The entry and residence of nationals of other Member States of the European Union is regulated by the Act on the Free Movement of EU Citizens(Freedom of Movement Act/EU).

https://www.gesetze-im-internet.de/freiz_gg_eu_2004/index.html

The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (so-called Withdrawal Agreement) sets out the arrangements for the orderly withdrawal of the United Kingdom from the EU in accordance with Article 50 of the Treaty on European Union and entered into force on February 1, 2020.

https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/eu-uk-withdrawal-agreement_de

Applications / forms

Residence notifications must be submitted to the immigration/foreigners' registration office of the district or city responsible for your place of residence. The necessary forms will be handed out on site.

Author

The text was automatically translated based on the German content.

Who should I contact?

Contact the immigration/foreigners authority of the district or city responsible for your place of residence. It is usually necessary to make an appointment.

Which documents are required?

You need a valid passport. The Immigration Office is entitled to check whether you are covered by the Withdrawal Agreement. For this purpose, proof may be required that conclusively shows that you were living in Germany on December 31, 2020, that you are still living in Germany now or that you used to live in Germany and that you have not stayed outside Germany for too long and have therefore retained your rights. Suitable documents include tax assessment notices, salary statements, bank statements, a certificate of study and other documents that show that you actually have or had a center of life in Germany.

What are the fees?

The cost of the new "Aufenthaltsdokument-GB" is based on the German identity card and amounts to: 37.00 euros for persons aged 24 and over and 22.80 euros for younger holders. No fee is charged if you were previously in possession of a permanent residence card.

Legal basis

The entry and residence of nationals of other Member States of the European Union is regulated by the Act on the Free Movement of EU Citizens(Freedom of Movement Act/EU).

https://www.gesetze-im-internet.de/freiz_gg_eu_2004/index.html

The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (so-called Withdrawal Agreement) sets out the arrangements for the orderly withdrawal of the United Kingdom from the EU in accordance with Article 50 of the Treaty on European Union and entered into force on February 1, 2020.

https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/eu-uk-withdrawal-agreement_de

Applications / forms

Residence notifications must be submitted to the immigration/foreigners' registration office of the district or city responsible for your place of residence. The necessary forms will be handed out on site.

Author

The text was automatically translated based on the German content.

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