GERMANY: Plans to Introduce Transition Period for UK Nationals to Regularise Immigration Status After a No-Deal Brexit

The German federal government has announced its plans for UK nationals in Germany after 29 March 2019, in the event of a no-deal Brexit.

National residence and/or work permits will be required for UK nationals who wish to continue to reside and/or work in Germany after a no-deal Brexit, as they would be considered third-country nationals.

However, UK nationals will not need to leave Germany by this date, but will have a three-month grace period in which to submit an application for a work and/or residence permit with the relevant local immigration office. If they have not already done so, they will also need to register with the registration authority at their place of residence. They will then be able to continue to live and work in Germany (along with their family members) until their application has been decided

Questions

Many details of the planned transitional arrangements remain unclear, for example:

  • Will UK nationals who are planning to start employment in Germany after a no-deal Brexit need to apply for a work permit in advance?
  • Will their accompanying spouses be obliged to present an A1 German language certificate?
  • Will UK nationals under the transition regulation be free to travel within Schengen borders?
  • How long will UK nationals who do not qualify for an immigration permit under current German law with their current employment be able to continue to live and work in Germany after the transition period?
  • Will UK nationals residing in Germany be required to get a German driver’s license?
  • What will happen to child subsidy payments that are currently being paid to UK nationals under the EU reciprocity agreement?

Our Advice

Employers are advised to identify their UK population in EU member states (including their non-EU family members), to collect relevant supporting documents, and prepare and submit immigration applications in good time.

Employers should also reconsider business trips planned for April, and have a back-up plan.

Employers are encouraged to contact their Newland Chase immigration specialist for case-specific advice. 

UK nationals in the EU are advised to gather documents in support of immigration applications, for example: copies of passport data pages, marriage and birth certificates for accompanying family members, employment contracts or assignment letters, CV/resume, current job description, educational certificates, police clearance certificates, rental contract, proof of health insurance and payslips.

For general advice and information on immigration and business travel to Germany and other EU member states, please email us at enquiries@newlandchase.com