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Brexit; Residence notification for British nationals

British nationals who are resident in Germany on 31 December 2020 and who continue to reside in Germany must report their residence to the Aliens' Registration Office.

Description

The United Kingdom of Great Britain and Northern Ireland has withdrawn from the European Union (EU) as of 31 January 2020.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) thus entered into force on 1 February 2020. Since then, the United Kingdom is no longer an EU member state. The transition period runs until 31 December 2020.

The Withdrawal Agreement provides that British nationals living in the territory of the Federal Republic of Germany at the end of the transitional phase, as well as their family members, will in principle retain a legal status very similar to the right to freedom of movement exercised until then. This right of residence is certified by the so-called Residence Document-GB (§ 16 Freedom of Movement Act/EU - FreizügG/EU) and exists by operation of law.

In order for the foreigners authorities to know to whom they have to issue the Residence Document-GB, British nationals must notify their residence there by 30 June 2021 at the latest. The notification of residence requires certain contents, namely: sufficient identifiability, notification of residence in the federal territory and the reason for the notification. You will then receive a confirmation that the notification of residence has been made. This confirmation does not have any 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 the right of residence. An application is not required. The Foreigners' Registration Office will check your identity. The Aliens' Registration Office is also entitled to check whether you are covered by the withdrawal agreement. For this purpose, evidence may be requested that conclusively shows that you reside in Germany on 31 December 2020 and continue to reside in Germany or had previously resided in Germany and have not stayed outside Germany for too long and have therefore retained your rights. In individual cases, the Aliens Department may also check whether the other conditions for freedom of movement are met - in particular, whether you are either gainfully employed, seeking work within the permissible time limits or with prospects of success, or able to cover your living expenses from your own resources even though you are not gainfully employed or seeking work. Your Aliens' Registration Office will inform you if you need to submit further supporting documents.

The family members who have so far derived their right of residence from British nationals also have a right of residence on the basis of the Withdrawal Agreement. They are not subject to any obligation to notify the Aliens' Registration Office.

However, it makes sense to already provide information on family members in the notification of residence.

[Translated by machine translation software]

Prerequisites

British nationals who are subject to the notification requirement are

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

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

[Translated by machine translation software]

Procedure

The notification of residence must be submitted to the Aliens' Registration Office. It can be submitted online if the foreigners authority responsible for you has opened this channel. Otherwise, please contact the Aliens' Registration Office for information on the form of submission.

Following the notification of residence, a confirmation of this will be issued.

The Aliens' Registration Office will then contact you and inform you of the further procedure.

[Translated by machine translation software]

Special notes

Registration with the Residents' Registration Office does not constitute notification of residence.

[Translated by machine translation software]

Deadlines

The notification must be made by 30 June 2021 at the latest.

[Translated by machine translation software]

Required documents

  • Required document, Bavaria-wide: No documents need to be submitted with the residence notification.
  • Required document, Bavaria-wide: The following documents must be submitted in order for the residence document-GB to be issued:

    • valid British passport
    • biometric passport photo

    The Aliens' Registration Office will let you know if you need to provide any other supporting documents.

    [Translated by machine translation software]

Fees

There are no costs associated with the notification of residence.

The fee for the residence document-GB to be issued as a result of the notification of residence as proof of the right of residence is as much as for a German identity card.

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

[Translated by machine translation software]

Legal bases

Status: 01.03.2021

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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