Dear Ladies and Gentlemen,
In the event that the United Kingdom of Great Britain & Northern Ireland will leave the European Union on the 29th March, 2019, without a deal (hereby referred to as "no deal scenario"), British nationals and their family members will no longer hold the advantages of the Union citizenship. These include the freedom of movement, the freedom of settlement and the free movement of workers. The "Brexit" does have various consequences for British nationals and their family members regarding their right of residence - especially in a no deal scenario.
Like you, we do not know yet which regulations will apply to British nationals after 30th March, 2019. In case of a no deal scenario, British nationals and their family members will require a residence title under the German Residence Act. The Federal Government is set to draft a bill that provides a transitional arrangement up until and including the 29th June, 2019. Within this period, British nationals and their family members do not require a residence title. However, within this 3-month period, British nationals and their family members are strongly advised to apply for one.
In the event of a "deal scenario", there will be a transitional arrangement up until and including the 31st December 2020. Until this date, British nationals and their family members who are currently entitled to exercise freedom of movement, will be allowed to continue to live and work in Germany as before. If British nationals and their family members are permanent residents in Germany, they will permanently be entitled to freedom of movement. Only after the transitional period they will need a residence title.
The German Residence Act provides several types of residence titles: i.e. a residence permit can be granted for a specific purpose, which may be work-related (economic activity) or for education. It can also be granted to family members or on humanitarian grounds. The type of residence permit that can be issued, will be assessed on a case by case basis. We are awaiting guidance from our regulatory authorities, which in turn are awaiting guidance from the Federal Government.
We can assure you that the Dresden Foreigners Office will do its upmost to use space for manoeuvre, granted to us by the law, to enable British nationals to safeguard their residence in Germany.
We also want to draw your attention to the possibility of naturalisation. Per law, after the 29th March, 2019, British nationals were required to renounce their British citizenship if they wish to acquire German citizenship. However, in the event of a no deal scenario, the intention is to deviate from that rule under the new arrangement to the benefit of British nationals. In a no deal scenario, British nationals having submitted an application for German citizenship before 30th March, 2019, will not be required to renounce their British citizenship as long as they fulfil all other requirements for naturalisation. This is also the case if the decision is made after the 29th March, 2019.
In the event of a deal scenario there will be a transitional arrangement. Hereafter, British nationals applying for German citizenship will not need to renounce their British citizenship as long as they have submitted their complete application up until and including 31st December, 2020, and have fulfilled all other requirements for naturalisation.
We hope that the information provided within this notification helps you during these complex and uncertain times.
