Government Publishes First Immigration Plans for No-Deal Brexit

 

The situation

The German federal government has published plans for the treatment of UK nationals in Germany after March 29, 2019 in case of a no-deal Brexit scenario.  National residence and or work permits would be required for UK nationals to continue residing and/or working in Germany after Brexit.

A closer look

The published plans include the following details:

• Third-country nationals. UK nationals would become third-country nationals after March 29, 2019. They would not need to leave Germany on this date, but would be required to apply for immigration status at the local immigration office. The options for those who do not qualify for any immigration status are not yet clear.
• Transition period for status application. Under a three-month grace period after Brexit Day, UK nationals would have until June 30, 2019 to file an immigration status application with their local immigration office, with the possibility that this deadline could be extended. UK nationals would retain their right to stay and work in Germany while the application is adjudicated, even if this deadline is extended beyond June 30, 2019.
  • Early status registration. Some local immigration offices would have registration processes available for UK nationals prior to March 30, 2019, where applicants would be able to register or apply for an immigration status ahead of Brexit to avoid the expected high volume of applications and resulting delays. The Berlin immigration offices have already opened an online registration form for this purpose.
• Naturalization. UK nationals who file a German citizenship application on or before March 29, 2019 may be waived from the requirement to relinquish their UK citizenship, even if the naturalization takes place after March 29, 2019, as long as all other requirements have been met on that date. UK nationals who file their citizenship application after March 29, 2019 would be required to give up their UK citizenship in order to obtain German citizenship.

Impact

UK nationals planning to work and reside in Germany past March 29, 2019 should ensure that they take the necessary steps to obtain any documents required to register or apply for immigration status. UK nationals should also contact their local immigration offices to see if they are able to register or apply for their proper immigration status prior to Brexit Day.

Eligible UK nationals who may want to apply for German citizenship should contact their Fragomen professionals for further guidance.

Background

The plans are a part of the coalition government’s contingency planning in case no Brexit deal is concluded between the European Union and the United Kingdom before March 29, 2019.

Other EU Member States, including France and the Netherlands, have also announced contingency plans.

Looking ahead

Further details of the government plans have yet to be announced; all plans must receive final approval by the government and parliament. Fragomen will provide updates on the situation as they become available.

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].