Continuity of residence: Are periods before and after Brexit added together for the purpose of determining permanent residence rights?

For many British citizens in Germany (and their families), the question of continuity of residence is the deciding factor. Those who know the rules secure their lifelong right to remain. Those who ignore them risk losing their special status under the Withdrawal Agreement. But what exactly does "continuity" mean? And how do trips or extended stays abroad affect the path to permanent residency? We shed light on the matter.

What is the "continuity of stay"?

Simply put: It's proof that you have actually lived in Germany since the Brexit deadline of December 31, 2020 – without any "too long" interruptions.

This continuity is your ticket to two things:

1. The path to permanent residence: After 5 years of legal residence, you have made it and receive a permanent right to remain (“Brexit permanent residence”).

2. Protection of your status: If you violate the rules of continuity, you will lose your rights under the Withdrawal Agreement and will be treated legally like a “normal” third-country national.

The time trap: What counts as an interruption?

However, Brexit-related permanent residency requires uninterrupted residence. No one expects you to be at your place of residence 365 days a year. There is some flexibility for travel and life events. But be aware: crossing the border resets the "clock" for the 5-year period to zero.

Permitted absences (before obtaining permanent residence):

• The 6-month rule: You are allowed to be away for a total of up to 6 months within one year (e.g. for vacation or visits to your home country).

• The 12-month exception: You are allowed to be absent for up to 12 consecutive months once , provided there is a valid reason . These include:

  • Pregnancy and childbirth

  • Serious illness

  • Studies or vocational training

  • Posting to work in another country

• Military service: Compulsory service abroad is generally harmless.

Important: If you stay away for more than 6 months without a valid reason, the continuity of your residency status is broken. Your path to permanent residency then starts again from day 1 – provided you still have the right to enter the country under the agreement.

The goal: Permanent residency rights

Once you have successfully completed the first five years, everything changes. As soon as you have permanent residency (recognizable by the corresponding entry in your residence permit ), you enjoy significantly more freedom. With permanent residency status, you are allowed to spend up to five consecutive years outside of Germany without losing your rights. This privileged status only expires if your absence lasts longer than five consecutive years.

Conclusion

The first five years in Germany are the most important. Make sure to document your absences, especially if you're approaching the six-month limit. Once you've cleared the hurdle for permanent residency, you'll have significantly more legal flexibility.