How Brits can prove their post-Brexit rights in Germany - before they get their residence card

Since the UK left the European Economic Area (EEA) at the end of 2020, ending the free movement of Brits in the European Union, many British people in Germany have faced a long and stressful wait for proof of their status. 

Though the rights of British people who were living in Germany before January 1st 2021 are assured under the Brexit Withdrawal Agreement, it's not easy to prove it without the Aufenthaltstitel-GB: the special residence card issued to Brits in Germany after Brexit. 

In a survey conducted by The Local in June, around a quarter of respondents said they hadn't yet been offered an interview for their new residence title, while 48 percent of people who had attended the interview hadn't yet received their card.

READ ALSO: Postcode lottery: Brits in Germany on what it’s like to apply for the post-Brexit residence card

In the meantime, life has continued, and some Brits who have applied for new jobs, freelance work or social support have found themselves in a bind.

Most employers want to see evidence that their new hire has the right to work in Germany. And if they haven't kept up with the latest on Brexit, they may be unaware that Brits who arrived in the country before 2021 have their rights guaranteed - with or without a card to prove it. 

The situation may be a stressful one, but according to citizens' rights experts, it's not insurmountable. Here's what to do if your employer is asking you for a document you just don't have yet. 

Know your rights

The most important thing to understand is that, unlike a visa, none of your rights as a Brit in Germany are dependent on the card itself. Though it's an incredibly useful piece of I.D. to have, the Withdrawal Agreement specifies that UK citizens who arrived before the cut-off date (January 1st, 2021) have the right to live and work in Germany indefinitely.

In addition, the Ministry for Labour and Social Affairs (BMAS) this year issued a memorandum to employers advising them not to ask for proof of their rights or status until the end of the year. 

READ ALSO: READ ALSO:  Germany extends ‘trust’ period for employing UK citizens after Brexit

"Until the end of 2021, you can trust a statement by UK nationals and their family members to have a right of residence under the Withdrawal Agreement," the notice says. "You can at least always assume that this is the case if the entitled employee was living in Germany on 31st December 2020."

Clarify the situation

If an employer or job centre employee is asking for your official documentation and you don't have it to hand, it may be worth sending them a link to the official advice for employers from BMAS (in both English and German) and gently reminding them of your Withdrawal Agreement (WA) rights, which were passed into German law last year. 

READ ALSO: Brexit: Germany passes law to guarantee rights of British residents

As a gesture of good faith, you could also offer to show some form of proof that you were here before the cut-off date - such as your registration (Anmeldung) in Germany - and are therefore covered by the WA. 

Minister for Labour and Social Affairs, Hubertus Heil (SPD). The Ministry for Labour and Social Affairs has issued guidance to employers telling them not to ask for proof of residency from Brits this year. Photo: picture alliance/dpa | Bernd von Jutrczenka

Another option, according to citizens' rights group British in Germany (BiG) is to get in touch with your local Foreigners' Office (Ausländerbehörde) and explain the urgency of your situation. 

"If the employer is digging their heels in and if, for example, the individual has not yet been to their appointment at the Ausländerbehörde or has not received the card yet, then I would also suggest that they contact the Auslaenderbehörde again and see whether the appointment can be held urgently and/or whether the Behörde can issue a letter stating explicitly the right to work," BiG's Alison Jones told The Local.

Ask for help

If the discursive approach doesn't work, BiG recommends getting help from specialist groups set up to support Brits with their post-Brexit residence issues. 

"If people are experiencing difficulties with their employers, I would recommend they contact either one of the UK Nationals Support Fund services set up to support British citizens with the residence process," said BiG's Matt Bristow.

"For people in Bremen, Hamburg, Niedersachsen and North Rhine-Westphalia that is SSAFA, and for the rest of Germany it is the International Organisation for Migration (IOM)."

Jones agrees that the UK Nationals Support Fund could be a sensible first point of call when asking for help.

"It can be a really frightening situation for someone to be in, and people may be afraid of getting into an argument with their employer so may want to look for ways to handle it that do not feel like an escalation," she explained. "Contacting the UKNSF organisations does not have to be an escalation in any way whereas the Betriebsrat or the Ausländerbehörde conceivably might be."

Seek legal advice - or financial support 

While it's unlikely to come to this, if you're facing genuine difficulty with an employer after Brexit, it could be worth seeking guidance or representation from a legal expert.

Brits whose rights are assured under the Withdrawal Agreement are entitled to jobseekers' support and other benefits. Photo: picture alliance/dpa | Oliver Berg

"Depending on what the workplace is like, people might consider talking to their Betriebsrat," said Jones. "It is quite possible that they will know nothing about the Withdrawal Agreement, but they should be prepared to look at the documentation including the advice to employers and, if necessary, to advise on or help the employee represent the position to management."

READ ALSO: ‘A big worry’: Why Britons living in Germany still face bureaucratic headaches over Brexit

If you're already employed and your workplace has a trade union, you could also consider contacting your union representative, adds Bristow. 

It's possible that your local Employment Agency (Arbeitsagentur) may be able to assist if you're unable to work due to Brexit-related issues - and it's important to remember that Brits who are covered by the Withdrawal Agreement are eligible for benefits and jobseekers' support.

"I don’t actually know whether there would be any action the Employment Agency could take, although it would at least start to protect the position in case the work contract is terminated," says Jones. 

Let citizens' rights groups know

If you're facing difficulties with your employer due to Brexit, Bristow recommends speaking to BiG so that authorities can be made aware that this is happening - and potentially take steps to fix it. 

"Whilst we can’t provide the individual support that SSAFA and IOM do, we do feed back trends to the British Embassy and the German authorities," he said. "It really helps for us to know where people are and who they work for."