How Brits who arrived in Germany before Brexit can get permanent residency

It has been more than six years since the UK left the European Union, yet for many British citizens living in Germany, the practical consequences of Brexit are still being felt.

Though the rights of Brits who were living in Germany up to December 31st 2020 are safeguarded under the Brexit Withdrawal Agreement (WA), many have faced hurdles over the years while updating their residence documents. 

So what are British people in Germany entitled to under the WA – and how can they make sure their rights are properly recognised?

What Brits in Germany need to know

Around 180,000 British citizens live in Germany, including children and dual nationals, according to estimates by citizens' rights group British in Germany e.V.

In principle, British people who were registered as living in Germany before the Brexit cut-off date automatically had (and have) the right to stay in Germany under what's known as Article 50 of the WA. 

To make it easier to prove this, Britons were urged to report their residence at their local immigration office to get a special post-Brexit residence card known as the Aufenthaltsdokument-GB (or colloquially as the Article 50 permit).

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The type of residence permit they received depended on how long they'd lived in Germany at the time of applying. 

Those who'd been in Germany for less than five years typically received a short-term permit that was valid for up to five years, while those who'd lived here for a longer period got a permit for permanent residency (Aufenthaltsdokument-GB  Daueraufenthalt).

The standard permit lets you live, work and access services in Germany but must be renewed periodically.

In contrast, a permanent residence card gives indefinite status, allows the same rights and lets you leave the country for extended periods (up to five years) without losing your status. That's why it's a much better option than the short-term document. 

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Britain's Prime Minister Keir Starmer shakes hands with Germany's Chancellor Friedrich Merz upon his arrival at Number 10 Downing Street in central London on December 8, 2025. (Photo by Chris J Ratcliffe / AFP)

Brits who've stayed are now entitled to permanent residence

The key thing to know is that British people who were legally living in Germany before the cut-off date are entitled to permanent residence, given that it has been over five years. 

"A permanent right of residence under the Withdrawal Agreement arises if the person has exercised the continuing right to freedom of movement under the EU-directive or the Withdrawal Agreement for five years," German immigration lawyer Sven Hasse told The Local.

"For all British citizens who entered the country before the end of the transition period, the five-year period has now expired."

So how do you access the permanent residence document in practical terms – and what problems might you face?

Contact your immigration office

The first thing to do is to contact or make an appointment at your local immigration office. In Berlin, for example, you can use this form.

Inform the authorities that you have lived in Germany for more than five years and want to convert your Aufenthaltsdokument-GB document into a permanent residence document under your WA rights. 

You will then likely be asked to fill out a form and provide some documents such as: a copy of your passport, your Anmeldung (registration), a certificate from your employer to prove employment, your last three payslips, a tax assessment if you are self-employed and if you are not employed: a certificate of health insurance and proof of funds to cover your living expenses.  

Next, you'd be invited to the immigration office to provide them with a photo and to get your fingerprints taken, as well as provide any other documents requested.

Then you should be invited a number of weeks later to pick up your permanent residence document which guarantees permanent legal status. It will likely be valid for ten years.

After that point you can renew it like you would another ID card, as long as you're still continuing to exercise your right to freedom of movement by living in Germany. 

Authority caseworkers may not know the rules

As has become clear throughout the post-Brexit period, British nationals have faced some practical difficulties. 

In most cases, these problems stem from a lack of familiarity with the WA within local immigration offices, or from individual caseworkers who are unaware of the specific rules that apply to British citizens.

That's why it's important for Brits to know their rights. 

For instance, those affected do not need to provide certain documents such as proof of B1 language skills, as is the case for other third-country nationals applying for certain residence permits. 

"A language test is not required at all," said Hasse. "The same applies for pension contributions."

However, Hasse notes that a pension contribution report may help easily prove employment.

The immigration office could also have queries about legal residence in Germany so it's important to prove that you qualify. 

"The question may arise as to whether the person has physically been living in Germany," Hasse added. "Stays abroad may not exceed six months per year. A registration (Anmeldung) is necessary but does not prove this."

What if you didn't report your residence at all?

Most British people will have reported their residence and received their documents. But if they haven't, they can still do so. 

"UK nationals living in Germany as of December 31st 2020 and continuing to live in Germany after that date should have reported their residence to the foreigners authority responsible for their place of residence by June 30th 2021 in order to be able to obtain the new residence document," states German government advice.

"If you have failed to report your residence to the competent foreigners authority within the deadline referred to above, you have not lost your right to residence provided that it existed before by law."

Border controls

Another reason why it's important to have updated documents is because of new border controls. 

"With the introduction of the EU’s new Entry/Exit System (EES), it will be particularly important that you show documentation of your rights under the EU-UK Withdrawal Agreement when entering or leaving the Schengen Area," says the German government.

"Otherwise, you could be considered a short-term visitor and automatically (and wrongly) flagged in the system as an “overstayer”.

You should therefore approach the foreigners authority (Ausländerbehörde) responsible for your area of residence in Germany and apply for the required document (Aufenthaltsdokument-GB)."

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What's your experience of applying to renew your post-Brexit residence permit in Germany? Please share in the comments or email us at news@thelocal.de