Brexit - Proof of right of residence under the Withdrawal Agreement

You must take care of your right of residence if you

• do not have German citizenship,
• were living or working in Germany on 31 December 2020 and
• one of the following cases applies to you:
  • You have British citizenship or
  • You hold one of these German documents as a family member of a person with British citizenship:
    • Residence card or
    • Permanent residence card or
  • On 31 December 2020, you are a family member or family member of a person with British nationality who is resident in Germany on 31 December 2020 and later move to Germany to join the British national.

The following conditions must also be met in order to be able to assert rights under the Withdrawal Agreement in Germany:

• You must have resided in Germany on 31 December 2020 and continue to reside in Germany.
• You must also have been entitled to freedom of movement on 31 December 2020. This is the case if you
  • were employed in Germany,
  • were looking for work in Germany - whereby a job search period of more than six months only leads to a right to freedom of movement if there was a reasonable prospect that you would find a job,
  • have been self-employed (commercially or freelance) in Germany,
  • have not been gainfully employed in Germany - for example as a pensioner or student - and have sufficient means of subsistence, including health insurance cover.

If you have a permanent residence card, the following applies:

• If you are in possession of a permanent residence card that is issued to nationals of an EU state upon application (§ 4a of the Freedom of Movement Act/EU), you must still report your residence to the immigration authority.
• If you are a third-country national family member in possession of a permanent residence card for third-country nationals entitled to freedom of movement, you do not have to report your stay.