Is the UK loan fee legal for 2019

Brexit and the right of residence

07.03.2019

Consequences for UK citizens, their families and employers, and dual citizenship issues

The UK's decision to leave the European Union (so-called Brexit) and the concerns of those involved are omnipresent. Even now, two weeks before the date of the exit, all options are conceivable so far, from the planned and contractually regulated exit to the specter of “Hard Brexit” (EU exit without an agreement). Brexit would have consequences for everyone who has previously benefited from EU fundamental freedoms. Freedom, which has become a matter of course in the younger generation in particular, to travel, work and settle anywhere within the EU, makes the process of identifying as “affected” more difficult.

In the following, we would like to provide an overview of possible scenarios, options for action and the associated consequences. As specialists in migration law, we will focus on the entry and residence of EU citizens, the so-called Restrict EU free movement. We also limit ourselves to citizens of Great Britain living in Germany (currently or in the past) and their family members (with the exception of questions about dual citizenship).

So far, we have not been able to offer any reliable information on Scotland's special position in the upcoming development, as this depends on many factors that have not yet been overlooked.

Am i concerned?

Short-term stays (e.g. tourism or visits)
For British citizens staying in Germany for short-term purposes (e.g. as tourists or visitors), there are consequences with regard to border controls and residence times. The EU is planning a special regulation that enables British citizens to enter Germany for a short stay without a visa (so-called positive states). This is to be distinguished from inclusion in the list of so-called Best friends, i.e. those nationals who enter the country without a visa and can apply for a long-term residence permit during their legal stay. This special discount is likely in the long term, but not yet in the concrete planning.

Stays for long-term purposes (work, study, etc.)
All British citizens staying in Germany for long-term purposes are affected in the narrower sense. Employed and unemployed, students and pensioners, adults and minors. Affected in this context means that there could be potential consequences in terms of residence law and, under certain circumstances, steps must be taken in order to be able to maintain the current de facto residence status beyond Brexit.

employer
Employers who employ one or more UK citizens are affected. This is subject to the obligation that previously applied to employers of third-country nationals - to check the admissibility of employment under the right of residence. Small and medium-sized companies in particular are well advised to make an early assessment of the situation.

Family members with citizenship outside the EU
Brexit is of particular importance for family members of British nationals with a nationality of a so-called Third country, i.e. a country that does not belong to the European Union. They have extensive rights based on freedom of movement for residence and access to the labor market in Germany and should therefore take measures in good time to clarify their future legal residence situation.

Citizenship Issues
German citizens who intend to adopt British citizenship while retaining the original are also affected (and, conversely, British citizens who intend to adopt German citizenship). While Union law has so far regulated both the possibility of multiple citizenship and the practice of naturalization, in the future this could (again) be changed from the so-called Requirement of reciprocity. There may be more consequences for naturalization procedures that have already been completed. It is questionable how the naturalization applications applied for on the Brexit cut-off date but not yet completed will be dealt with (see deadlines).

What are the consequences of Brexit for me?

In the following, scenarios relating to the right of residence are broken down after the UK leaves the country in accordance with the exit agreement that is still being negotiated and compared with those in the event of an unregulated exit.

Residence of British nationals

    Planned

    British nationals will not have Union citizenship after March 29, 2019. You will retain your rights from EU freedom of movement for life if you:

  • have their place of residence in the EU at the end of a two-year transition period until December 31, 2020. A transfer of residence to the EU (immigration) is still possible up to this point in time.
  • An application is required for this
  • Unplanned

    British nationals will not have Union citizenship after March 29, 2019.

  • The three-month transition period begins after March 29, 2019 (the deadline can be extended by three months)
  • Afterwards, those affected need a residence permit (see recommendations for action)

Residence of family members from third countries

    Planned

  • Family members with citizenship of a non-EU country can continue to exercise their rights until the end of the transition period.
  • The right to work remains intact
  • Unplanned

  • Family reunification with British people from non-EU countries is linked to conditions (language, integration, livelihood security). If these are met, the family members can be gainfully employed.
  • Independent right of residence when applying for divorce (see deadlines)

Solidification

    Planned

  • Permanent residence can be retained upon request.
  • Unplanned

  • Not clear. Possible crediting of previous periods of residence via the Freedom of Movement Act or protection of existing assets on the basis of international law.
  • Unilateral measures to maintain the status of long-term residents are likely, even if there are no specific regulations yet.

naturalization

    Planned

  • Acceptance of British citizenship while retaining Germans remains possible if the application is submitted within the deadline (and the requirements are met).
  • Unplanned

  • Acceptance of British citizenship while retaining German citizenship remains possible if the application is submitted by March 29, 2019 (and the requirements are met). Basically, the time of the decision is decisive. In this case, deviations from this should be made and instead the time of the application should be considered decisive if there is a lawful and habitual residence.

Social security

    Planned

  • British nationals living in a member state of the EU keep their health and pension insurance and other social security entitlements or they should be mutually taken into account.
  • BAföG transitional regulation until the end of training.
  • Unplanned

  • British nationals living in an EU member state retain their health, pension and other social security benefits.
  • Apprentices and students who receive BAföG funding for a course they have started can receive them up to the end of the course that has started.

What should I do?

Deadlines



Recommendations for action

  • Classify whether you are "affected"
  • Identify the responsible immigration office by place of residence
  • Ideally, apply for naturalization before March 29, 2019, ideally before March 29, 2019 (possibly before June 29, 2019) for a residence permit.

our service

For over 25 years we have been supporting clients with regard to residence and citizenship law as well as related areas of law. Our vision is a cosmopolitan Germany and Europe that will benefit from immigration. While we regret the UK's decision to leave, we see it as our mission to guide our clients through the Brexit process as smoothly as possible.

Are you an employer and would like to find out about the necessary procedure in good time? Are you connected to both Germany and Great Britain and would you like to find out more about your rights in relation to dual nationality? You currently still live in Great Britain and are considering moving your place of residence to Germany with your family if necessary? For these and all other questions in connection with the matter presented above, please make an appointment for an initial consultation. We will advise you in detail and work with you to develop a strategy that will help you achieve your rights. Write us an email or give us a call.