(Planned) Amendment of the Residence Act for post-Brexit residency

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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 3Section 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].

 

 

 

 

 

 

 

 

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21 hours ago, yesterday said:

That's fine

 

But what happens to pension and medical entitlement ?

 

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. 

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Just checking; if Section 4a applies, one is then not any more obliged to fulfill the formal B1language requirement? This will be an enormous relief for a couple of people I know.

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16 minutes ago, Feierabend said:

Just checking; if Section 4a applies, one is then not any more obliged to fulfill the formal B1language requirement? This will be an enormous relief for a couple of people I know.

 

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!)

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For Brits, the NiederlassungsErlaubnis becomes invalid after 6 months absence from Germany. You may also have to pay fees.

 

However, Germans in UK with settled status have a much more generous FIVE YEARS to be absent from UK without losing their status. They also don't have to pay any application fees, unlike Brits in Germany.

 

In other words, Brits in Germany are getting a sh*t deal from this supposedly "generous" offer from the German government.

 

If it's cost-free and with generous validity terms for Germans in UK, it should also be cost-free and with equal validity terms for Brits in Germany.

 

If you read the input docs from non-CDU focus groups (Arbeitsamt, business, you name it), they all suggest Brits resident in Germany > 5 years should be given the equivalent of Daueraufenthaltserlaubnis-EU. The CDU blocked this suggestion and plumped for the "lower" Niederlassungserlaubnis :-(

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17 hours ago, europaeuropa said:

 

If you read the input docs from non-CDU focus groups (Arbeitsamt, business, you name it), they all suggest Brits resident in Germany > 5 years should be given the equivalent of Daueraufenthaltserlaubnis-EU. The CDU blocked this suggestion and plumped for the "lower" Niederlassungserlaubnis :-(

 

Do you have any links to this?

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17 hours ago, europaeuropa said:

In other words, Brits in Germany are getting a sh*t deal from this supposedly "generous" offer from the German government.

 

Because of their own shit government and the whole Brexit mess. Not Germany's fault and why should Germany foot the bill?

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18 hours ago, europaeuropa said:

If it's cost-free and with generous validity terms for Germans in UK, it should also be cost-free and with equal validity terms for Brits in Germany.

 

what on earth are you talking about? 

 

if Germany (or any country) followed that logic, they would have to offer exactly equivalent terms to match every other country around the world, right?  or do you mean this should just apply for Brits as you're so freaking special? 

 

bonkers.

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Forget it, at the moment it´s only a suggestion. As of now we still don´t know what is going to happen but I doubt it will be cruel so no panic and let us all abwaiten and tea drinken.

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32 minutes ago, lisa13 said:

 

what on earth are you talking about? 

 

if Germany (or any country) followed that logic, they would have to offer exactly equivalent terms to match every other country around the world, right?  or do you mean this should just apply for Brits as you're so freaking special? 

 

bonkers.

 

I really do not understand why are posting on this threads.

 

If Parliament passes the Withdrawal Agreement (or it is ring fenced) then Germany and all other will have to treat Brits differently from every other country.

 

What part is bonkers? The withdrawal agreement you don`t agree with?

 

Because what you find bonkers is exactly what the EU negotiated.

 

 

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22 minutes ago, RenegadeFurther said:

If Parliament passes the Withdrawal Agreement (or it is ring fenced) then Germany and all other will have to treat Brits differently from every other country.

 

Don't you mean from every other EU country? 

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On 8/27/2019, 4:30:51, europaeuropa said:

For Brits, the NiederlassungsErlaubnis becomes invalid after 6 months absence from Germany. You may also have to pay fees.

 

However, Germans in UK with settled status have a much more generous FIVE YEARS to be absent from UK without losing their status. They also don't have to pay any application fees, unlike Brits in Germany.

 

In other words, Brits in Germany are getting a sh*t deal from this supposedly "generous" offer from the German government.

 

If it's cost-free and with generous validity terms for Germans in UK, it should also be cost-free and with equal validity terms for Brits in Germany.

 

If you read the input docs from non-CDU focus groups (Arbeitsamt, business, you name it), they all suggest Brits resident in Germany > 5 years should be given the equivalent of Daueraufenthaltserlaubnis-EU. The CDU blocked this suggestion and plumped for the "lower" Niederlassungserlaubnis :-(

Sorry but your sense of entitlement shines like a fucking supernova.

The UK basically sticks 2 fingers up at the EU (Bojo is now saying we won`t pay the however many billions it is) and you honestly expect those EU countries to give us special treatment ?

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"However, Germans in UK with settled status have a much more generous FIVE YEARS to be absent from UK without losing their status. They also don't have to pay any application fees, unlike Brits in Germany. "

 

I urged my German mum to get settled status ..oh.. last year at least. Before all this rigmarole with only being able to apply via Android phones (or whatever.. I'm not au fait with mobile phones much).

 

It caused her a lot of running about trying to get help to fill in the forms and no-one she talked to had had experience of this process. Not the Citizens' Advice Buro or the local council. They all did their best to help her, though. And I'm damned certain that she had to pay a fee. I can ask her if you want.

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9 hours ago, fraufruit said:

 

Because of their own shit government and the whole Brexit mess. Not Germany's fault and why should Germany foot the bill?

 

Because BOTH sides said they would reciprocate what the other side did, deal or no deal. 

 

So if Germany and other EU countries insist on charging permit application fees for already resident brits in EU, the likelihood rises that the UK cancels the cost-free advantage for Germans/EU27 in UK.

 

Priti Nasty would probably relish the thought of doing just that.

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1 hour ago, nina_glyndwr said:

"However, Germans in UK with settled status have a much more generous FIVE YEARS to be absent from UK without losing their status. They also don't have to pay any application fees, unlike Brits in Germany. "

 

I urged my German mum to get settled status ..oh.. last year at least. Before all this rigmarole with only being able to apply via Android phones (or whatever.. I'm not au fait with mobile phones much).

 

It caused her a lot of running about trying to get help to fill in the forms and no-one she talked to had had experience of this process. Not the Citizens' Advice Buro or the local council. They all did their best to help her, though. And I'm damned certain that she had to pay a fee. I can ask her if you want.

Did she have to pay a fee for the online settled status application? Please ask - the info I have is that the application is cost-free for Germans in UK, but both NE and DA-EU applications cost for Brits in DE.

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1 hour ago, Keleth said:

Sorry but your sense of entitlement shines like a fucking supernova.

The UK basically sticks 2 fingers up at the EU (Bojo is now saying we won`t pay the however many billions it is) and you honestly expect those EU countries to give us special treatment ?

How is it entitlement if both sides said, deal or no deal, they would reciprocate what the other side does? 

 

So if it's cost-free for Germans in UK, how is it "entitled" that it should be cost-free for Brits in Germany? It is doing exactly what it said on the tin - RECIPROCATING.

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9 hours ago, lisa13 said:

 

what on earth are you talking about? 

 

if Germany (or any country) followed that logic, they would have to offer exactly equivalent terms to match every other country around the world, right?  or do you mean this should just apply for Brits as you're so freaking special? 

 

bonkers.

 

Both sides said, deal or no deal, they would reciprocate what the other side does.

 

So please explain what is such an outrage, so highly offensive, such a scandal, such a heinous despicable act, such an illogical and highly bonkers approach, that:

 

=

Since the brexit-related resident title application process for already resident Germans (and other EU citizens) in UK is cost-free,

 

then, according to what both sides said - they'd reciprocate in kind...

 

So that Germany (and other EU27) should offer cost-free resident title application process to Brits already in EU.

=

 

^ To me this seems highly logical, balanced, and not even slightly out of the ordinary. But for whatever reason, you think it's bonkers. 

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