Residence of British citizens

All information on the stay of British citizens in Germany and on visa applications from Great Britain.

About this Page

What special entry requirements apply to Britons?
How to apply for a work visa in Great Britain
How you, as a Briton, can obtain a residence permit in Germany
Information on visa law under special Brexit regulations

Table of Contents

1. Stay of Britons in Germany after Brexit

2. Visa for British nationals

3. Privileges/fiction of non-employment: Labor migration from the UK

4. Application procedure for British nationals

5. FAQ for British citizens staying abroad

6. Conclusion: British stay

1. Stay of Britons in Germany after Brexit

Regarding the residence of British citizens in Germany, a fundamental distinction must be made between the periods before and after Brexit . British nationals who exercised their right to freedom of movement under EU law in Germany before December 31, 2020, enjoy a continuing right of residence under the Withdrawal Agreement . This agreement has been directly applicable law since February 1, 2020, and largely refers to Directive 2004/38/EC on the free movement of persons, the provisions of which also have direct effect. For these " existing British citizens ," the right of residence arises by operation of law, i.e., without a separate application procedure, and also includes family members who join them according to EU law. Section 16 of the Freedom of Movement Act/EU (FreizügG/EU) further regulates their legal status in Germany. The immigration authorities issue a residence permit for British citizens ex officio; a late notification of residence was not penalized, but can cause practical disadvantages – for example, when entering Germany or accessing public services.

British nationals who arrive in Germany after January 1, 2021, or who did not exercise freedom of movement before the end of the transition period, are considered third-country nationals for immigration purposes . Therefore, only the provisions of the Residence Act apply to them – such as the regulations concerning work visas , family reunification , or residence permits for skilled workers . New existing rights under the Withdrawal Agreement cannot, in principle, arise since January 1, 2021. Thus, German immigration law clearly distinguishes between British citizens who were already legally resident before Brexit and retain full protection, and newcomers who must comply with the regular third-country regulations.

2. Visa for British nationals

Despite Brexit, British citizens benefit from special privileges under German immigration law (see in particular Section 41 of the Residence Ordinance and Section 26 of the Employment Ordinance ). While they are generally subject to the standard third-country national regulations after Brexit, they still retain the right to visa-free entry for short-term stays of up to 90 days within any 180-day period. This requires a valid passport, proof of the purpose of their stay, and sufficient financial resources. However, the key advantage over many other nationals who can enter visa-free is that British citizens can directly convert their stay in Germany into a longer-term residence permit . Section 41 of the Residence Ordinance allows British citizens to enter Germany without a prior national visa and apply directly for a residence permit – for example, for work , study , or family reunification – at the relevant immigration office . This eliminates the need to visit a German embassy or consulate, significantly facilitating the process of obtaining permanent residency.

In addition, British citizens have easier access to employment in Germany. While employment is generally not permitted during a visa-free stay, Britons can apply for a residence permit for work purposes relatively easily after entering Germany. Section 26 of the Employment Ordinance (BeschV) is particularly relevant here, as it allows for the issuance of a work visa even without recognized professional qualifications . This exception grants British citizens access to the German labor market in sectors where formal qualifications are usually required. Combined with the possibility of visa-free entry and subsequent status conversion, German immigration law thus offers British citizens a comparatively flexible and attractive way to live and work in Germany.

Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Contact us to book an online appointment with a German immigration lawyer!

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3. Privileges/fiction of non-employment: Labor migration from the UK

Even in the area of labor migration, British citizens and British employers continue to enjoy significant privileges. Under the EU-UK Trade and Cooperation Agreement of April 30, 2021, British nationals can, under certain conditions , temporarily provide services in Germany (posting) without needing a national work permit. This so-called "deemed non-employment" applies in particular to contractually bound service providers and freelancers who are posted to Germany to fulfill a specific service contract. The agreement obligates Germany to allow such individuals entry and a temporary stay of up to twelve months – or less if the contract ends earlier. Crucially, the work must be solely for the purpose of fulfilling the contract and must not create any entitlement to use a German professional title or to perform any additional activities.

The facilitated access applies to a wide range of highly qualified and specialized service sectors , such as law, architecture, engineering, medicine, IT , research , consulting, and education. Activities like technical testing and maintenance, creative services, and certain environmental and financial services are also covered. The contracting parties may not limit the number of service providers through quotas or needs assessments and must, in principle , treat British service providers as favorably as domestic ones (see Article 143 of the Cooperation Agreement ). For many professional groups, this means they can work in Germany on a project basis and for a limited time without this being considered employment requiring a permit under immigration law – an important instrument for maintaining flexibility in cross-border economic relations even after Brexit.

4. Application procedure for British nationals

If you are a British citizen and require a visa, you can apply for it in the UK. If, for example, you are a British citizen planning to work full-time in Germany, it is generally advisable to apply for a visa at the German Embassy in London . The German Embassy in London provides information on its website regarding the necessary documents for visa applications by British citizens. Once you have gathered the required documents, you can book a visa appointment through the RK Visa website. As soon as the embassy in London has issued your visa, you can enter Germany and begin your employment. Further information can be found in our VISAGUARD guide to applying for a visa .

If you are already residing in Germany and wish to apply for a residence permit as a British citizen, you must contact your local immigration office . In Berlin, for example, residence permits for British nationals are issued by the State Office for Immigration (LEA). The State Office for Immigration provides specific information for British citizens on its website . If you, as a British national, wish to apply for a residence permit pursuant to Section 26 Paragraph 1 of the Employment Ordinance (BeschV) at the Berlin Immigration Office, you must submit the following documents:

Application form for a residence permit (completed)
Employment declaration form (completed)
Valid passport
1 current biometric photo
Employment contract
Rental agreement including details of the living space
Proof of monthly rent (e.g. bank statement)#
Proof of your health insurance
Registration certificate

The collected documents must then be submitted via the LEA contact form . The immigration office will then schedule an appointment for you. Booking an appointment is no longer possible in Berlin (see the VISAGUARD blog post on the abolition of the appointment system in Berlin ).

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Lawyer explains German immigration law to his client.

5. FAQ Immigration from UK to Germany

Can British citizens enter Germany without a visa?

Yes, British citizens can enter Germany visa-free for up to 90 days within any 180-day period (§ 41 AufenthV). A valid passport and proof of the purpose of stay are required.

Are British citizens allowed to work during their visa-free stay?

No, employment is not permitted for British citizens during their visa-free stay. A visa or residence permit is required for any form of work (§ 4a para. 1 AufenthG). Exceptions apply only to certain activities as defined in § 30 BeschV.

What impact will Brexit have on the residence permits of British citizens?

Since Brexit, British citizens generally require a visa or residence permit for longer stays or employment. Transitional arrangements only apply to persons who were already living in Germany before December 31, 2020 (§ 16 Freedom of Movement Act/EU).

Which German embassies are responsible for British citizens?

British nationals are primarily responsible for the foreign missions in Great Britain, in particular the embassies in London and the foreign mission in Edinburgh.

How long does a visa application process take from London?

Visa procedures in London are relatively quick. Most London visa applications can be completed within 2-4 months if our VISAGUARD tips for speeding up visa processes are followed .

What is the success rate for visa applications from London?

Due to the various privileges for foreigners from London, the success rate for visa applications is over 90% if the requirements are met.

6. Conclusion Immigration from UK to Germany

Since Brexit, the residency of British citizens in Germany has been divided: While existing British citizens continue to enjoy comprehensive rights under the Withdrawal Agreement and their right of residence remains in effect by law, newly arriving British citizens are subject to the general rules of the German Residence Act . At the same time, they remain privileged compared to many other third-country nationals – be it through visa-free entry with the subsequent possibility of status conversion under Section 41 of the Residence Ordinance, through facilitated access to the labor market under Section 26 of the Employment Ordinance, or through the deemed non-employment provision for posted service providers under the Trade and Cooperation Agreement. Overall, German law thus offers British citizens comparatively flexible and business-friendly access to residence and employment even after Brexit. The combination of continued existing rights, simplified visa procedures , and privileged posting practices ensures that mobility and business cooperation between Germany and the United Kingdom remain efficient.