Brexit updates Germany

Questions and Answers for status updates on the ‘Withdrawal Agree-
ment’ of UK nationals living in Germany

What is the Withdrawal Agreement?

The UK left the EU on January 31st 2020 with a deal – the ‘Withdrawal Agreement’. The withdrawal agreement sets out the terms of the UK’s withdrawal from the EU and
proves for a deal on citizen’s rights. The withdrawal agreement secures your rights and allows you to stay in Germany beyond the end of the transit period (31.12.2020). You will continue to have the same entitlements to work, study and access public service and benefits in Germany as before the UK left the EU. You will be covered by the withdrawal agreement if you are a UK national residing in Germany, in line with the EU law, by the end of the transition period. The withdrawal agreement has already been ratified by the UK and the EU and entered into force. Its protections remain whatever the outcome of the current talks and the future UK-EU relationship.

How can I confirm my rights under the Withdrawal Agreement?

You and your family need to obtain a residence document to confirm your rights under the
withdrawal agreement. You will have until at least June 30th 2021 to do this. To get your residence document you will need to prove that you were already lawfully liv-
ing in Germany before December 31st 2020. The easiest way to do so is with your proof of registration (e.g. Meldebestätigung). If you haven`t done so yet, register with your local registration office (Einwohnermeldeamt) at your current address as soon as possible. In addition you will have to obtain the new residence document from your local foreigners’
authority (Ausländerbehörde) by June 30th 2021. The process to do so will differ, depending on where in Germany you live.
Please contact our office for support and advice on the application process.

What will my new residence document look like and how much will it cost?

According to draft German legislation, your new residence document will look like this:

You should bear in mind that the situation is changing quickly and that border police in some regions may take a more It will cost the same as a German ID card: Currently €28,80. Every individual, including children, will get a residence card. It will be valid for up to 10
years and is renewable. The card will also serve as proof of identity within Germany. However, for travel you must still take both your valid UK passport and the card. strict approach.

Will I have the right to permanent residence in Germany?

If you have already lived in Germany for 5 continuous years by December 31st 2020 you will
be eligible for permanent residence. Otherwise you will have the right to complete the 5 years needed to obtain permanent residence. Once acquired, you will only forfeit your right to permanent residence if you leave Germany for more than 5 years.

Will members of my family living abroad be able to come and live with me in Germany?

Yes, if you are covered by the withdrawal agreement, your close family members will be
able to join you after December 31st 2020 under current EU rules. This applies to spouses or registered partners, dependent children and grandchildren, and dependant parents and grandparents. The relationship must have begun before the transition period ends on December 31st 2020. Children born to or legally adopted by a person covered by the withdrawal agreement in the future are also protected by the agreement, providing that a person has custody of the

How is my right to work in Germany impacted by the UK leaving the EU?

The rights to work or be self-employed will be protected for all UK nationals covered by the
withdrawal agreement. The rights of frontier workers will also be protected, but frontier workers must apply for a new frontier worker card to confirm their rights by June 30th 2021 at the latest. Posted workers can continue their postings until the end of the transit period (31.12.2020). Pules on the future posting of workers are still subject to negotiations, as is access to the German Labour Market for those arriving after January 2021.

Will there be changes to my healthcare after the transition period?

If you are UK national living in Germany before December 31st 2020 you will have protect-
ed access to Healthcare for your lifetime, As long as you still live in Germany. If you are working in Germany, you will continue to have German health insurance and can continue to use your Germany-Issued European Health Insurance card (EHIC) when you travel, including to the UK. If you are UK-Insured (for example if you are a pensioner) you will have protected coverage for as long as you continue to live in Germany via the S1 scheme.

Can I still claim my UK state pension?

You can still claim your UK state pension wherever you live. If you are living in Germany by Dec 31st 2020, and if you receive a UK state pension, it will
continue to be updated as long as you continue to live here. This will happen even if you start claiming on or after January 1st 2021, as long as you meet
all of the qualifying conditions.

Is my driving licence still valid in the EU and will it remain valid after the transition period?

Your UK driving licence is valid for driving in the EU until the end of the transition period
(31.12.2020) Validity after that date is still subject to negotiations. If you are a resident in Germany, you should exchange your driving licence for a German
one. Applications should be launched before the end of the transition period.
Please contact our office for support and advice on the application process for the exchange
of your driving licence.

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