Situation at 17th January 2020
The United Kingdom (UK) has declared its purpose to leave the European Union (EU), so-called Brexit. Still, it is not known when and under which conditions the Brexit shall occur and which regulations will apply after the expected Brexit.
The period for the exit of the UK from the EU was extended until 31st January 2020. A No-Deal Brexit is to be excluded until then. An orderderly Brexit could take place on 1st February 2020 if the withdrawal agreement is ratified by then.
In order to achieve widest possible clarity, we will continuously provide current information on this website concerning the right of residence of UK nationals and their family members concerned, naturalisation of UK nationals in Germany, the exchange of a British driving licence as well as further links in the event of a Brexit.
Current state of the right of residence of UK nationals and their family members
Until the expected withdrawal of the UK from the EU, the freedom of movement according to European law will continue to apply to UK nationals and their family members.
- This means that UK nationals who are entitled to free movement currently don't need a residence title in Germany. However, they are obliged to register their residence in Germany at the local registration office (Bürgerbüro).
- Family members of UK nationals who are third-country nationals require a residence card in addition to their residence registration.
Further information of the Munich Foreigners Office concerning the entry and residence of EU citizens and of nationals of EEA-Contracting Parties as well as their family members can be found here.
Consequences for residence rights in the event of a Brexit deal
Should the UK leave the EU with a ratified Withdrawal Agreement, there shall be an implementation period that will last until 31st December 2020. The Withdrawal Agreement sets out a preservation of the free movement rights for affected persons.
- During the Implementation Period, European law would still apply to the UK, and thus free movements rights would still apply to UK citizens and their family members.
- The freedom of movement shall apply permanently to UK citizens and to their family members who were permanent residents in Germany before the end of the implementation period.
- Measures concerning the right of residence would be necessary for further residence after the implementation period.
Procedure of the Munich Foreigners Office in the event of a Brexit deal
The Munich Foreigners Office will inform through this website all UK nationals and their family members living in the city area of Munich in due time concerning the required measures regarding the right of residence.
- In the event of a Brexit deal, you can book an appointment to apply for a residence title presumably as from 1st October 2020.
- Six months after the end of the implementation period, at the latest, you will need to apply for a new residence title for a further stay after the end of the transitional period, which means that presumably you will have time until 30th June 2021 to file your application with us at the Foreigners’ Office
- Which residence title is granted will be a case-by-case decision based on the then applicable legal situation.
A registration is not necessary at the Munich Foreigners Office before the appointment.
Consequences for residence rights in the event of a No-Deal Brexit
Should the UK leave the EU without a withdrawal agreement, UK citizens and their family members would no longer be entitled to freedom of movement within the framework of the EU citizenship. Instead, they would be regarded as third-country nationals and would need a residence title for their residency within the German territory.
A residence title can be granted for the purpose of employment, education, for family reasons or for humanitarian reasons. There are two different types of residence titles: the temporary residence permit (Aufenthaltserlaubnis) and the permanent settlement permit (Niederlassungserlaubnis). In principle, the residence permit is granted for a limited period of time and usually entitles you to work. A permanent right of residence do hold third-country nationals with a settlement permit, which entitles to practise any nature of employment. For the issuance, certain qualifications, which differ according to the type of residence title, must be fulfilled.
In the event of an unregulated Brexit, the Federal Government stipulates a transitional period of an initial period of three months after the EU exit.
- During this transitional period, UK nationals and their family members who were entitled to freedom of movement shall be able to reside and work in Germany as before.
- Until the end of the transitional period, UK nationals and their family members, who are third-country nationals (non-citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein), will need to apply for a residence title at their local Foreigners Office.
- UK citizens and their family members who are entitled to freedom of movement will be able to reside and work in Germany as before pending the decision about the application.
Procedure of the Munich Foreigners Office in the event of a No-Deal Brexit
The Munich Foreigners Office will inform through this website all UK citizens and their family members living in the city area of Munich concerning the required measures regarding the right of residence.
- In the event of a no-deal Brexit, you can book an appointment for a personal visit in order to take legal advice and to apply for a residence title as from the EU exit date. Appointments can be arranged online or by phone. Please bring the completed application form (PDF, 135 KB) with you to your appointment.
- Afterwards, each individual case will be reviewed to see, which residence title can be granted to UK nationals and their family members.
- In addition, applicants will receive a fictional certificate during their personal visits. They can prove with this certificate their temporary right to reside and work in Germany.
- If all necessary documents are provided, the Munich Foreigners Office will process all applications in time.
A registration is not necessary at the Munich Foreigners Office before the appointment.
Information concerning the different titles of residence can be found here.
Current state of the naturalisation of UK nationals
In principle, in the case of naturalisation proceedings, the legal situation at the time of the decision made by the competent authority on the application for naturalisation is decisive.
Under current law, UK nationals do not have to renounce their UK citizenship to acquire the German citizenship, provided that all other requirements are fulfilled and naturalisation takes place before the Brexit.
Consequences for rights of citizenship in the event of a Brexit deal
In the event that the Withdrawal Agreement will be ratified by the UK and the EU, the Brexit transition act regulates inter alia, transitional arrangements concerning the Law on Citizenship in favour of British naturalisation applicants. The Brexit transition act shall enter into force as soon as the Withdrawal Agreement enters into force.
- According to the Brexit transition act, British naturalisation applicants may retain their UK citizenship provided that they have submitted their application before the end of the implementation period until 31st December 2020, even if the naturalisation itself takes place after that period. Precondition is that all other requirements were already fulfilled at the time of submission and are still fulfilled at the time of naturalisation.
Consequences for rights of citizenship in the event of a No-Deal Brexit
In the event of a no-deal Brexit, the exceptional rule to retain the UK citizenship during naturalisation would no longer apply to British naturalisation applicants. Normally, they would have to renounce their UK citizenship in order to acquire German citizenship by naturalisation.
It is strongly recommended, that all UK citizens, who want to be naturalised while retaining the UK citizenship, should personally visit the naturalisation office as soon as possible, but not later than the end of the EU exit period. There, the naturalisation requirements will then be discussed in each individual case and it will be ensured that the application deadline is met.
If you are not registered with your main residence in the city area of Munich, please contact the naturalisation authority responsible for your place of residence.
The naturalisation while retaining the UK citizenship is perhaps only possible for those who have applied for German citizenship before the EU exit date and have been residing in Germany for at least eight years by the end the EU exit period at the latest. A reduction of this minimum time of residence is possible in exceptional cases, such as in the case of special integration efforts, proven knowledge of German of at least level B2 or in the case of an existing marriage with a German national. The naturalisation office of the Munich Foreigners Office will be pleased to advice you on this matter.
General information of the Munich Foreigners Office concerning naturalisation can be found here.
Exchanging a UK driving licence
It is unclear, whether and when the United Kingdom (UK) will leave the European Union (EU).
A no-deal scenario might have consequences for all those, who are holding a UK driving licence. Therefore, the Driving Licence Office recommends to apply for an exchange into a German driving licence by the end of the EU exit period.
In order to exchange the UK driving licence for a German driving licence according to the conditions of a EU/EEA driving licence, you must apply for this at the Driving Licence Office (Fahrerlaubnisbehörde) of the City of Munich before the official EU exit date of the UK.
For your visit to the Fahrerlaubnisbehörde, Garmischer Straße 19/21, you must arrange an appointment for an exchange of a EU driving licence. You can find more information on the requirements and on the required documents here.
In the event that an appointment is no longer bookable at short notice, you can also submit an application (PDF, 97 KB) for an exchange of a UK driving licence per post or in person at the Fahrerlaubnisbehörde within the deadline.
Fahrzeugzulassungs- und Fahrerlaubnisbehörde
Eichstätter Straße 2
In person, the application can be submitted at:
Office address: Garmischer Straße 19/21, 81373 München
We will then contact you in order to arrange an appointment, where you can submit the required documents.
Information on Brexit for the corporate community
If you are a company, a British specialist or a start-up entrepreneur, we advise you to consult the following platforms and contacts, all of which are closely following the subject of Brexit.