sinfony

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About sinfony

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  • Location Hannover
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  1. Brexit / Applying for German citizenship

      If need be, refer them to page 11 here (or print it out yourself to present it to them): http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl119s0418.pdf    
  2. Brexit / Applying for German citizenship

      This has already been enshrined in law with the Act on Transition Provisions on Labour, Education, Health and Social Affairs, and Citizenship-   Article 3 (1) sets out that Brits who have entered an application before the exit date will, irrespective of a no-deal, not be obliged to give up their British citizenship in order to take on German citizenship, provided that they fulfil the necessary requirements before the exit date and continue to fulfil them at the time of being naturalised.
  3.   Correct, there will be no language requirements for any of the permits issued under this amendment.   The prerequisites of Section 9 in the Residence Act governing the permanent settlement permit - which includes B1 requirement - will all* be ignored for the purpose of issuing Brits with that specific permit, provided that they have a right of permanent residence by exit date under Section 4a of the Freedom of Movement Act/EU (which is about continually residing in a EU member state for five years and has no language requirements).   (* all ignored except for the requirement that you don't pose any danger to public safety!)
  4.   The German government have also passed an Act concerning social benefits with regard to Brexit.   https://www.bmas.de/SharedDocs/Downloads/DE/PDF-Gesetze/Referentenentwuerfe/ref-uebergangsregeleung-nach-austritt-grossbritannien-nordirland-aus-eu.pdf?__blob=publicationFile&v=3   In terms of medical entitlement, my understanding is that everyone who only has NHS coverage will be able to join the German statutory health insurance system as a result of this Act provided that they do so within three months' of the exit date. See section 6 of the Act.   In a no-deal scenario the continued covering of medical treatment by the NHS based on the S1 form will cease. 
  5. Brexit: The fallout

    No legislation in the UK Parliament can prevent no-deal (believing that it can is just further example of the Westminster bubble mentality) so those opposing crashing out really need to consider moving toward getting the WA brought back before Parliament and this time actually voting for it.   It is somewhat ironic that many of the ERGers eventually voted for an orderly exit on the basis of the WA yet none of those campaigning so fervantly to avoid no-deal ever did.   The EU is unlikely to grant any more time extensions without either the UK asking for one in order to hold a general election (Johnson won't make such request as he has staked his whole ascension to PM on leaving on 31 October come what may) or for a second referendum (a majority of MPs will simply not vote for this).   I see no real benefit in the EU (aside from winning preparatory time for a future no-deal date) in giving the UK another extension just for some vague talks about the backstop. The backstop is the only solution to the UK government being unwilling to create a border down the Irish Sea.
  6. I'm not sure if it's been commented on here, but the Bundestag has passed an amendment of the German Residence Act to take account of Brits living here in the (very likely) event of no-deal.    I believe the amendment still needs to go through the Bundesrat during September before it is all signed and sealed.    The original German text can be found here: https://dipbt.bundestag.de/dip21/brd/2019/0361-19.pdf   I read through it over the weekend and to get to grips with it a little deeper I ended up translating it, so I thought this might be of value to some people on here.    As stated, this is my own informal translation of the draft text and has no legal basis.   The relevant part is as follows:         Article 1   Amendment of the Residence Act [das Aufenthaltsgesetz] 1.    [...] A   After Section 101 the following Section 101a shall be inserted:       “101a   Transition of rights under the Freedom of Movement Act [das Freizügigkeitsgesetz]         (1)    British nationals and their family members who on the effective date of the exit of the United Kingdom of Great Britain and Northern Ireland from the European Union have a right of permanent residence for the federal territory pursuant to Section 4a of the Act on the General Freedom of Movement for EU Citizens [das Gesetz über die allgemeine Freizügigkeit von Unionsbürgern] shall be granted a permanent settlement permit [Niederlassungserlaubnis] pursuant to Section 9. The prerequisites of Section 9 (2) numbers 1-3 as well as numbers 5-9 shall not apply.       (2)    British nationals and their family members who on the effective date of the exit of the United Kingdom of Great Britain and Northern Ireland from the European Union have a right of residence for the federal territory pursuant to Section 2 or Section 3 of the Act on the General Freedom of Movement for EU Citizens and who fulfil the prerequisites for a residence title pursuant to Chapter 2, Part 3, 4 or 6 shall be granted a temporary residence permit [Aufenthaltserlaubnis] in accordance with these provisions.       (3)    British nationals and their family members who on the effective date of the exit of the United Kingdom of Great Britain and Northern Ireland from the European Union have a right of residence for the federal territory pursuant to Section 2 or Section 3 of the Act on the General Freedom of Movement for EU Citizens, but who do not fulfil the prerequisites for a residence title pursuant to Chapter 2, Part 3, 4 or 6 or pursuant to (1), shall be granted a temporary residence permit pursuant to Section 7 (1) sentence 3. Section 5 (1) number 1 shall not apply. Section 5 (1) number 2 shall apply with the proviso that the prerequisites shall follow Section 2 (7) and Section 6 of the Act on the General Freedom of Movement for EU Citizens. The pursuance of an economic activity is to be allowed.       (4)    British nationals and their family members who on the effective date of the exit of the United Kingdom of Great Britain and Northern Ireland from the European Union have a right of residence for the federal territory under the Act on the General Freedom of Movement for EU Citizens shall be issued upon applying for a residence title with a provisional residence document [Fiktionsbescheinigung] pursuant to Section 81 (4).       (5)  Section 7 (2) sentence 2 shall apply to the granting of residence titles pursuant to (1) and (3), while Section 7 (2) sentence 2 and Section 8 shall apply for the extending of residence permits pursuant to (3), with the proviso that the date of the granting or of the extension shall be the effective date of the exit of the United Kingdom of Great Britain and Northern Ireland from the European Union.       (6)    British nationals are nationals of the United Kingdom of Great Britain and Northern Ireland within the meaning of the New Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland of 31 December 1982 on the definition of the term ‘nationals’ together with Declaration No. 63 annexed to the Final Act of the intergovernmental conference which adopted the Treaty of Lisbon.”       Article 2   Entry into force       (1)    This Act shall enter into force subject to paragraph 2 on the date on which the exit of the United Kingdom of Great Britain and Northern Ireland from the European Union becomes effective, provided that no withdrawal agreement within the meaning of Article 50 (2) sentence 2 of the Treaty on the Functioning of the European Union has entered into force by this date. The Federal Ministry of the Interior, Building and Community shall announce the date of the entry into force of this Act in the Federal Law Gazette. Should the exit have already have been implemented without a withdrawal agreement at the date of the promulgation of this Act, then this Act shall enter into force on the day after the promulgation.       (2)    Article 1 number 1 and number 2 shall enter into force on the day after the promulgation, though no earlier than [date of day following the day on which article 1 of the Skilled Workers Immigration Act enters into force].