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New law guarantees continued right of residence for UK nationals in Germany
press release 24 November 2020
A new law entered into force today: the Act on the Current Amendment of the Freedom of Movement Act/EU and of Other Legislation in Line with Union Law. This Act contains the implementing regulations applicable in Germany for the continued residence of up to 100,000 UK nationals and their family members who will be living in Germany on 31 December 2020, and who will be entitled to freedom of movement until that date.
This gives UK nationals living in Germany a secure residence status.
The people affected must report their residence to the foreigners authority (Ausländerbehörde) responsible for their area of residence by 30 June 2021. It is not sufficient for them to register with the residents’ registration office (Einwohnermeldeamt). Having reported their residence to the foreigners authority, they will be issued with a residence document. This may take some time, but the legality of their residence status will not be affected.
UK nationals who have not exercised their right to take up residence in Germany by 31 December 2020 will not be covered by the provisions now in place. This will affect most UK nationals who move to Germany from 1 January 2021. Such people will be subject to the same rules that apply to all other third-country nationals: for longer stays or the pursuit of an economic activity in Germany, they will require approval from the foreigners authority. If they wish to remain for anything beyond a short stay or certain working visits in the Schengen area, as of 2021 they will need a visa before entering Germany.
The Act also relaxes the rules for EU citizens wishing to move to Germany. Under certain conditions, people with close personal ties to EU citizens, such as partners, may move to Germany with those EU citizens even if they are not EU citizens themselves.
More information is available here: www.bmi.bund.de/brexit-info-en, and here: www.bmi.bund.de/brexit-info.
