Brexit: What Brits in Germany need to know about the law to guarantee residency

All British citizens who are lawfully resident in Germany up until the end of the Brexit transition period will be allowed to stay, a new law states. Here are the details.

Brexit: What Brits in Germany need to know about the law to guarantee residency
UK Prime Minister Boris Johnson and German Chancellor Angela Merkel in Berlin in August 2019. Photo: DPA

The Withdrawal Agreement protects a set of rights for UK nationals in the EU and EU citizens in the UK. Each member state is responsible for implementing the residence provisions of the agreement.

Germany has now adopted the law (Gesetzentwurf) which outlines the German government’s plans for implementing the terms of that Withdrawal Agreement.

Germany has opted for a so-called “declaratory system”.

Under the new law all British citizens who are lawfully resident in Germany according to EU freedom of movement law before the end of the transition period (currently December 31st 2020) will be entitled to stay in Germany.

To receive a new residence document confirming their rights under the Withdrawal Agreement, UK nationals will need to contact their local foreigners authority (Ausländerbehörde) by June 30th 2021 at the latest, the British Embassy in Germany told The Local.

The German government had been considering which system it would opt for when it comes to residency permits for Brits in Germany after the transition period.

The options were a constitutive system, where people would have to apply for the rights to remain under the Withdrawal Agreement, similar to the 'Settled Status' process in the UK or the declaratory system, which means people have their rights already, although they will be issued with a card to prove this.

READ ALSO: 'No big bang but things will change down the line': How Brexit will affect Brits in Germany

The declaratory system is favoured by citizens' rights campaigners, such as British in Germany.

What does the German system mean in practical terms?

British nationals will be issued a card that confirms their rights under the Withdrawal Agreement.

The cost for this card will be €28.80 for those older than 24, and €22.80 for those younger than 24.

Every individual will get a card, including children, while families are encouraged to request the card together. The card will also work as proof of identity within Germany – however, for travel, British nationals must still take their UK passport, in addition to the card.

The exact application process will depend on where in Germany UK nationals live – some foreigners authorities have already published information in their area and others have not.

UK nationals in Germany can only be issued the new document once the legislative process has been completed, which is expected to happen during the summer.

In the UK, the British government introduced the EU Settlement Scheme in March 2019. Since then, more than 3.2 million EU citizens have been granted a status securing their rights, including almost 90,000 Germans.

'Welcome step'

British Ambassador to Germany Sir Sebastian Wood said the decision would “reduce bureaucracy” for Britons.

He told The Local: “UK nationals living in Germany have faced much uncertainty since July 2016.  

“Germany’s decision to implement the Withdrawal Agreement via a so-called declaratory process is a welcome step, and will reduce the bureaucracy faced by UK nationals who wish to stay here.  

“We look forward to it being implemented swiftly across the country.  My team and I will continue to support UK nationals as they take the steps required to confirm their rights. “

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How roaming charges will hit travellers between the UK and EU in 2022

Trips between Europe and the UK and vice versa may well become more expensive for many travellers in 2022 as UK mobile operators bring back roaming charges. However there is some good news for all EU residents.

People look at their mobile phones.
How travellers between the EU and UK could be hit by roaming charges in 2022 (Photo by Daniel LEAL / AFP)

EU ‘roams like at home’ at least until 2032

First the good news. The European Union is set to decide to extend free roaming until 2032, so if you have your phone contract registered in an EU country you don’t have to worry about extra charges.

In addition to waiving the charges, the new regulation aims to ensure that travellers benefit of the same quality of service they have at home when travelling within the EU. If they have a 5G contract, for instance, they should also get 5G through the EU if possible. 

Under new rules, travellers should be given information about access to emergency services, including for people with disabilities.

Consumers should also be protected from prohibitive bills caused by inadvertent roaming on satellite networks when travelling on ferries or aeroplanes.

The final text of the new regulation was provisionally agreed in December. The European Parliament and Council will formally endorse it in the coming weeks.

UK companies reintroducing roaming charges this year

And now the bad news for travellers to the EU from the UK

Customers of UK mobile phone operators face higher fees when travelling in Europe this year, as some companies are bringing back roaming charges for calls, text messages and data downloaded during temporary stays in the EU.

This is one of the many consequences of the UK withdrawal from the European Union. Because of Brexit, the UK is no longer part of the EU’s “roam like at home” initiative which was designed to avoid shocking bills after holidays or business trips abroad.

The EU’s roaming regulation allows people travelling in the European Economic Area (EU countries plus Norway, Iceland and Liechtenstein) to make calls, send texts and browse the web using their regular plans at no extra cost. Switzerland is not part of the scheme, although some mobile phone providers offer roaming deals or special prices to cover travel in Switzerland.

Under EU rules, if the plan’s allowance is exceeded, the roaming fee is also capped at €0.032 per minute of voice call, €0.01 per SMS and €2.5 + VAT per gigabyte downloaded in 2022 (it was €3 + VAT in 2021). The wholesale price networks can charge each other is capped too.

The regulation was adopted for an initial period of five years and is due to expire on June 30th 2022. But the EU is preparing to extend it for another ten years. This time, however, the UK will not be covered. 

Which UK companies are reintroducing charges?

Three major UK network operators this year will reintroduce roaming charges for travels in the EU.

As of January 6th 2022, Vodafone UK will charge customers with monthly plans started after August 11th 2021 £2 per day to roam in the EU. The amount can be reduced to £1 per day by purchasing a pass for 8 or 15 days. Free roaming continues for earlier contracts, Data Xtra plans and for travels to Ireland.  

From March 3rd 2022, EE will also charge £2 per day to roam in 47 European locations, Ireland excluded. The new policy will apply to plans started from July 7th 2021. Alternatively, EE offers the Roam Abroad Pass, which allows roaming abroad for a month for £10. 

Another operator that announced a £2 daily fee to roam in the EEA, except for Ireland, is Three UK. The charge will apply from May 23rd 2022 for plans started or upgraded since October 1st 2021. The data allowance in monthly plans that can be used abroad is also capped at 12 gigabytes. 

O2 already introduced in August last year a 25-gigabyte cap (or less if the plan’s allowance is lower) to data that can be downloaded for free while travelling in Europe. Above that, customers are charged £3.50 per gigabyte. 

Other mobile operators said they have no intention to bring back roaming charges in the short term, but if won’t be surprising if they do so in the future. 

Sue Davies, Head of Consumer Protection Policy at UK consumer organisation Which? was disappointed at the changes and urged the UK and EU to “strike a deal on roaming charges” to stop companies “chipping away at the roaming benefits customers have become used to” and “prevent the return of the excessive charges people used to encounter.” 

By law, charges for mobile data used abroad remain capped at £45 per month and consumers can only continue data roaming only if they actively chose to keep spending. 

What about EU residents travelling to the UK?

In the EU, most mobile phone operators seem keen to continue free roaming for travels to the UK, but some have announced changes too.

In Sweden, Telenor aligned UK’s prices to those of non-EEA countries on May 1st 2021 while still allowing free roaming for some plans. 

Another Swedish operator, Telia, ended free roaming with the UK and Gibraltar on September 13th 2021 giving customers the option to access 200 megabytes of data for SEK 99 per day. People travelling to the UK can also buy a weekly pass allowing to make calls, send texts and download 1 GB of data. 

In Germany Telefónica Deutschland and 1 & 1 have extended current conditions for the UK until at least the end of 2022. However companies may keep other options open depending on negotiations with roaming partners. 

A1 Telekom Austria brought roaming charges back for the UK last June. Customers now have to pay €2.49 per minute for outgoing calls and €1.49 per minute for incoming calls if they are in the UK or Gibraltar. An SMS costs 99 cents and each 100 KB of data €1.49. 

This article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.