If you were posted to Germany by a British company to provide services and had no other reason to exercise the right to freedom of movement, you do not fall under the Withdrawal Agreement. However, if you live in Germany, you may still fall under the freedom of movement legislation for reasons such as the following:

•  You had sufficient resources to support yourself, including health insurance cover, and this remained the case after 1 January 2021.
• On 31 December 2020, you had a second job with an undertaking whose registered office is in Germany or in another EU member state.
• On 31 December 2020, you were also studying, alongside your job, at an institution in Germany.
• You are married to a person who is a national of another EU or EEA state and can also derive an entitlement to freedom of movement from this relationship.

If you were posted to work in Germany by a company from another EU or EEA state and have no other reason to exercise the right of freedom of movement, you can work in Germany as a posted employee on the basis of a ‘Vander-Elst’ visa. You are required to apply for this visa together with your employer. You are generally required to file this application with the competent diplomatic mission abroad before you enter Germany. In some cases, however, it is possible to file the application with the competent foreigners authority upon entry, but in any case prior to taking up employment in Germany. For information regarding the procedure, you or your employer should contact the competent German mission abroad or the foreigners authority responsible for the place of work.