British Nationals and the Brexit Withdrawal Agreement: Residence Rights in Germany

When the United Kingdom left the European Union, British nationals lost the automatic right of free movement. The EU–UK Withdrawal Agreement protects those who were already living in Germany before the end of the transition period: it preserves their residence and work rights broadly as they stood under EU free movement. This article explains who is protected, what they need to do, how permanent residence works under this route, and how the right can be lost.

Who Is Protected by the Withdrawal Agreement?

The Agreement protects British nationals — and their family members — who were lawfully resident in Germany and exercising EU free-movement rights at the end of the transition period on 31 December 2020, and who have continued to live here since. These rights exist by operation of law (the residence regime under Article 18(4) of the Withdrawal Agreement); the document issued by the immigration authority confirms the rights but does not create them.

Two conditions must be met by a British national:

You were resident in Germany on 31 December 2020 — meaning Germany was your centre of life (Lebensschwerpunkt) — and you have continued to live here.
You were exercising free-movement rights on 31 December 2020: as a worker, a self-employed person, a genuine jobseeker, or an economically inactive person (for example a student or pensioner) with sufficient resources and comprehensive sickness insurance.

“British national” here means those who were treated as EU citizens during the United Kingdom's membership — “British Citizens” and certain other British nationality holders connected with the Channel Islands and Gibraltar. Statuses such as “British National (Overseas)” are not covered.

Family Members

Family members of a protected British national are covered in their own right. This includes:

Spouses and registered partners.
Children and grandchildren under 21, and older children who are dependent.
Parents and grandparents (direct-line relatives) who are supported financially or in kind.
Other relatives and unmarried partners, on a discretionary, case-by-case basis.

Family members who already hold a German residence card or permanent residence card as the relative of a Briton are, as a rule, protected, and their card is exchanged for the new document. Family members can also join a protected Briton in Germany after 31 December 2020 under the Agreement, subject to the usual conditions.

The Residence Document (Aufenthaltsdokument-GB)

Although the rights exist automatically, you need a document to prove it. Protected British nationals living in Germany had to notify their residence to the local immigration authority (Ausländerbehörde) by 30 June 2021 in order to receive the card; registration at the residents' registration office (Einwohnermeldeamt) is not sufficient, and no formal application is required. If you missed that deadline, a late notification may still be possible where there is good reason, so seek advice promptly.

The document is issued in card format — the Aufenthaltsdokument-GB — and is valid for between five and ten years. Where a permanent residence right has been established, the card is endorsed “Daueraufenthalt”.

With the card you can prove your right to live and work in Germany and move freely between employment and self-employment. Together with a valid passport, it allows visits to other Schengen states for up to 90 days in any 180-day period, but it does not allow you to move to or work in another EU country — full free movement is not preserved.

Permanent Residence Under the Withdrawal Agreement

British nationals and family members protected by the Agreement can acquire a permanent residence right (Daueraufenthaltsrecht) under the Agreement's own rules. The central requirement is five years of countable residence in Germany.

Five countable years of residence in Germany are generally required; time spent in other EU member states does not count.
Only residence as a person exercising free-movement rights counts; time spent on a national residence permit under the Residence Act (AufenthG) does not.
Countable periods before and after 31 December 2020 are added together.
Permanent residence can be acquired on or after 1 January 2021 once the five years are complete; it then arises automatically and can be certified on the card.

In limited cases, permanent residence is available before the five years are complete:

Absences: What Counts as “Harmless”

Before you have permanent residence, certain absences do not break the continuity of your residence and are treated as if they had not happened:

Temporary absences of up to six months in total per year.
Longer absences to complete military service.
A single absence of up to twelve consecutive months for an important reason — pregnancy and childbirth, serious illness, study or vocational training, or a work posting abroad.

Once you hold a permanent residence right under the Agreement, you keep it unless you are absent from Germany for more than five consecutive years.

When the Right Can Be Lost

The residence right under the Agreement can be lost — most commonly through prolonged absence:

Without permanent residence: an absence of more than six months (in exceptional cases more than twelve months) ends the right. Absence periods before and after 31 December 2020 are added together.
With permanent residence: the right is lost only after five continuous years of absence.
The right can also be lost if the conditions are no longer met — for example, where someone who is not yet a permanent resident loses their job, finds no new work within six months with no genuine prospect of employment, and cannot support themselves — or on serious criminal grounds.

A residence right lost under the Agreement cannot be regained.

Frequently Asked Questions

I moved to Germany after 31 December 2020 — am I covered? No. The Agreement protects only those who were already exercising free-movement rights in Germany by the end of the transition period. British nationals who arrived later are treated like other non-EU nationals under the Residence Act, although British citizens may enter without a visa and apply for a residence permit from within Germany.

Do I have to renew my residence right? The right itself does not need renewing, but the card expires and must be renewed in good time — usually with your old card and a valid passport.

I also hold an EU passport, for example Irish. Do I need this document? No. If you hold the nationality of an EU/EEA state you can rely on free movement and do not need a Withdrawal Agreement document; your family members can derive their rights the same way.

Can I still move to another EU country? Not on the basis of this status, which protects your position in Germany only. You may, however, separately qualify for an EU long-term residence permit (Daueraufenthalt-EU) or an EU Blue Card, which carry their own mobility rights.

Last reviewed: August 2026 — RAin Fiona Macdonald

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