Brexit; notification of residence for British nationals

The United Kingdom of Great Britain and Northern Ireland withdrew from the European Union (EU) at the end of January 31, 2020. 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 (Withdrawal Agreement) therefore entered into force on February 1, 2020. Since then, the United Kingdom is no longer an EU member state. The transition phase runs until December 31, 2020.

The Withdrawal Agreement stipulates that British nationals and their family members living in Germany at the end of the transition period will, in principle, retain a legal status that is very similar to the right to freedom of movement exercised until then. This right of residence is certified by the so-called residence document (§ 16 Freizügigkeitsgesetz/EU - FreizügG/EU) and exists by law.

In order for the immigration authorities to know to whom they must issue the residence document-GB, British nationals must notify them of their residence without delay. The notification of residence requires certain contents, namely: sufficient identification, notification of residence in Germany and the reason for the notification. You will then receive confirmation that the notification of residence has been made. This confirmation has no legal effect, but only documents that the notification of residence has been made.

The Foreigners' Registration Office will contact you to issue the residence document-GB as proof of your right of residence. An application is not required. The foreigners authority will check your identity. The immigration authority is also entitled to check whether you are covered by the Withdrawal Agreement. For this purpose, proof may be requested which conclusively shows that you were living in Germany on December 31, 2020 and continue to live in Germany or previously lived in Germany and have not stayed outside Germany for too long and have therefore retained your rights. In individual cases, the immigration authority may also check whether the other conditions for freedom of movement are met - in particular, whether you are either employed, looking for work within the permitted time limits or with prospects of success, or whether you can cover your living expenses from your own resources even though you are not employed or looking for work. Your foreigners authority will inform you if you need to submit further supporting documents.

Family members who previously derived their right of residence from British nationals also have a right of residence on the basis of the Withdrawal Agreement. They are not required to notify the immigration authorities.

However, it is advisable to provide information on family members in the notification of residence.

British nationals who

• do not have German citizenship,
• live and/or work in Germany on December 31, 2020 and
• continue to reside in Germany after January 1, 2021.

If you are also a national of an EU or EEA member state, please contact the immigration authority responsible for you. This also applies if you are a family member of a German national or a national of an EU or EEA member state.

The notification of residence is submitted to the immigration authority. It can be submitted online if the foreigners authority responsible for you has opened this channel. Otherwise, please contact the foreigners authority to find out how to submit it.

A confirmation will be issued following the notification of residence.

The foreigners authority will then contact you and inform you of the next steps.

• No documents need to be submitted with the notification of residence.
• The following documents are required for the issue of the residence document-GB:
  
  • valid British passport
  • biometric passport photo

  The Immigration Office will let you know if you need to provide any other supporting documents.

There are no costs associated with the notification of residence.

The fee for the residence document (Aufenthaltsdokument-GB) issued as a result of the notification of residence as proof of the right of residence is the same as for a German identity card

• Persons older than 24 years EUR 37.00
• Persons who are younger: EUR 22.80