No-Deal Brexit Plans for UK Nationals Published

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At a Glance

The German government has published further plans for the treatment of UK nationals residing in Germany after Brexit day in case of a no-deal Brexit scenario. The new plans provide more favorable treatment for UK nationals in Germany than a previously- published proposal. Central details of the plans include:

• A grace period ending December 31, 2019 would apply during which time UK nationals already residing in Germany must apply for a work and residence permit, which will be required for UK nationals to remain after the grace period.
• UK nationals who enter Germany after Brexit day for work would be able to work without a work permit during their first three months of stay. Those staying for over three months will need to obtain a work and residence permit.
   

All plans require approval from the German parliament, which is expected to occur in the coming weeks.

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The situation

The German government has published further plans for the treatment of UK nationals residing in Germany, to take effect after Brexit day in case of a no-deal Brexit scenario. The new plans provide more favorable treatment for UK nationals in Germany than a previously-published proposal.

A closer look

The published plans include the following details:

• Grace period. A grace period ending December 31, 2019 would apply during which time UK nationals already residing in Germany would be able to apply for a work and residence permit. This deadline may be extended. UK nationals would retain their right to stay and work in Germany while the application is adjudicated, even if processing time extends beyond the transition period.
• Early registration. Some local immigration offices in Germany have already opened, or may soon open, registration tools or email drop boxes for UK nationals to register their data for an upcoming application or to directly apply for a work and residence permit ahead of Brexit day.
• Continued work and stay. UK nationals currently residing in Germany would be able to continue to stay and work in Germany during the grace period and are expected to apply for a work and residence for which they must qualify under standard rules. UK nationals would also be eligible for a work permit category with more favorable treatment.
• Non-EU family members. Non-EU family members of UK nationals holding a residence card would similarly be able to continue staying in Germany until December 31, 2019, and would also have to file an immigration application within the grace period.
• New arrivals after Brexit day. UK nationals who enter Germany after Brexit day for work would be able to work without a work permit during their first three months of stay. Those staying for over three months will need to obtain a work and residence permit.

 

Impact

UK nationals who will continue to work and reside in Germany past Brexit day should ensure that they take the necessary steps to obtain any documents required to apply for immigration status.  German employers are advised to assess if their UK national staff will be eligible for the work permit categories available after Brexit.

Importantly, UK nationals must have their current residential address registered with the local town hall in Germany. UK nationals who have already received a formal letter from their immigration office are advised to follow the instructions in the letter.

UK nationals should contact their local immigration offices to see if they are able to register or apply for their proper immigration status prior to Brexit day.

Background

The proposal is a part of the government’s contingency planning in case no Brexit deal is concluded between the European Union and the United Kingdom before Brexit day. The German government previously published their initial plans in January 2019, some of which have been amended in these newly-published plans.

Many other EU countries have published contingency plans for UK nationals in case of a no-deal Brexit, with more expected soon.

Looking ahead

All plans must still be transposed into formal government ordinances and may require approval from the German parliament, which is expected to occur in the coming weeks.

Please contact a Fragomen immigration professional for assistance in planning contingency arrangements in a single project.

For more information, please visit Fragomen's dedicated Brexit site, which contains news, FAQs, and analysis/commentary in the form of blogs, videos, webcasts and events.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].