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IMMIGRATION

Giving up being British: What you should know about becoming German after December 31st

After the Brexit transition period ends, Britons will have to give up their British citizenship if they want to become German.

Giving up being British: What you should know about becoming German after December 31st
A pro-EU demonstrator in London on October 21st 2020. Things will change drastically for Britons after December 31st. Photo: DPA

From December 31st 2020, at the end of the UK’s Brexit transition period, the immigration status of Brits in Germany will change. For most people this will mean that, if you apply for German citizenship in the future, you will first need to give up your British citizenship. 

While this undoubtedly sounds scary, the process is actually quite simple – or at least a lot simpler than making the decision to get citizenship in the first place! So, if you’re thinking about swapping your British passport for a German one, here are five key questions to consider, along with some tips for navigating the complex world of citizenship law.  

READ ALSO: How thousands of Brits in Germany will be in limbo after doors close on dual nationality

Will I need to get German citizenship to stay in Germany?

The short answer is no – but there are several benefits to doing so. Under the terms of the Withdrawal Agreement agreed between the UK and the EU, British citizens who move to Germany before December 31st can register for a residence permit which will allow them to live and work here as before. 

READ ALSO: Brits in Germany urged to apply for residence status before 2021 deadline

The German and Union Jack flags. Photo: DPA

Of course, whether you plump for German citizenship over British is an entirely personal decision. Many people are perfectly happy to live in Germany on a residence or permanent residency permit, which allows them to live here unimpeded and retain most of the rights they enjoyed previously.

Be aware though: without German citizenship, you won’t have the right to vote in any elections, whether local, European, regional or national, and you will lose your right to free movement – i.e. the ability to live and work – throughout the EU. You may also lose access to certain jobs that are reserved exclusively for German or EU citizens, unless you have another ‘backup’ EU citizenship like Irish, French or Polish.

There is another side to the story, however. In giving up your UK citizenship you may make returning to Britain much more difficult for you and your family in the future, and could lose other benefits such as access to social security support.

If you’ve weighed up the pros and cons and decided that German citizenship is best for you, then you’re ready to start the process of renouncing your British citizenship.

READ ALSO: Brexit – 'Brits should try for German citizenship even if they think they don't qualify'

How do I go about giving up my British citizenship?  

It may be a major life event for you, but as with most modern bureaucracy, your first step to renouncing British citizenship is to fill in an online form. This form – known as “Form RN” – is around six pages long, and simply asks for your personal details, the nationality you are giving up, and the nationality you hope to gain afterwards.

After filling it in, you’ll need to sign it and also find a countersignatory who can confirm that you’re of “sound mind” and that you believe that giving up your British citizenship is in your best interest. 

Along with your application, send the Home Office proof of your British citizenship, such as a passport or birth certification, and a letter from your local Citizenship and Naturalisation Office in Germany stating that you will be conditionally entitled to citizenship once you’ve renounced your British one.

READ ALSO: Q&A – What does Brexit mean for my rights as a Brit living in Germany

How can I prove to the German authorities that I’m no longer “British”? 

After submitting your RN form on the UK government website, you should receive a ‘declaration of renunciation’ to confirm that your application has been accepted. This is basically a copy of your application that has been signed and stamped. The date at which you lose your British citizenship – six months from the date of application – will also be printed on the form.

Archive photo shows British Prime Minister Boris Johnson and German Chancellor Angela Merkel in Berlin. Photo: DPA

You can use this declaration as evidence that you’ve successfully asked to give up your old citizenship. Submit the documentation along with your other citizenship documents, which will include copies of your birth certificate, information relating to your residence and work in Germany, confirmation of your German language skills (B1 or higher) and a certificate to say you’ve passed your citizenship test.

The exact documents you need will be dependent on your personal circumstances, and you should always speak to a citizenship advisor at your local Citizenship & Naturalisation Office (or Einbürgerungsbehörde) before you start the process.

A word of warning, though: due to rules in the UK designed to protect citizens from becoming stateless, your application to give up British citizenship will expire within six months. This means that, should you not receive your German passport within that time, your application to renounce your citizenship will be cancelled and you may have to reapply.  

READ ALSO: What Brits in Germany should know about travelling after December 31st

Can I get my old citizenship back after I renounce it? 

Generally speaking, yes. If you decide to leave Germany to move back to the UK, there’s always the chance of regaining your British citizenship, although this will probably mean swapping one passport for the other again. 

At this point, you will probably be familiar with how it all works: just hop online once more and fill in yet another government form: in this case, Form RS-1. This time, the form will be quite a bit longer, and you’ll need to show that you’re of “good character”, which essentially means not having any prior criminal convictions or involvement in extremism or terrorism. 

You will also be asked to prove that you are entitled to British citizenship, and that you were required to give it up in order to gain German citizenship. Again, a letter from your local Citizenship & Naturalisation Office will probably suffice. 

If you’re still not sure about the best way forward, it may be worth talking to an immigration lawyer about your situation. Choosing a citizenship can have huge implications for social security payments, right of abode and more, so it’s best to learn the full ramifications of your choice before making a final decision. 

As a best-case scenario, a lawyer may also be able to inform you further about any relevant exceptions to the dual nationality rule under German immigration law. Who knows? You may even be able to dispense with Form RN altogether.

Is there still a chance for me to get dual nationality before the deadline?

If you’re lucky enough to qualify for citizenship now (which usually means being in the country for at least eight years, or being married to a German for two and resident in the country for three, but there can be exceptions so check with local authorities), you absolutely still have time to apply and qualify for dual nationality.

Regardless of when your application is accepted, the exception on dual nationality will still apply as long as you get your application in by the 31st December this year. If you’re in this position, don’t wait around: get a phone appointment with your local citizenship office and kickstart the process as soon as possible.

READ ALSO: What you need to know about applying for German citizenship

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READER QUESTIONS

Reader question: How do you meet the requirements for a sambo visa?

In Sweden, a sambo is domestic partner – someone you’re in a relationship with and live with, but to whom you aren’t married. If you, as a non-EU citizen, are in a sambo relationship with a Swedish citizen, you can apply for a residence permit on the basis of that relationship. But meeting the requirements of that permit is not always straightforward.

Reader question: How do you meet the requirements for a sambo visa?

An American reader, whose son lives with his Swedish partner, wrote to The Local with questions about the maintenance requirement her son and his partner must meet in order to qualify for a sambo resident permit.

“Their specific issue is that they meet the requirements for a stable relationship and stable housing, but have been told that qualifying for a sambo visa based on savings is unlikely,” she wrote, asking for suggestions on how to approach this issue. Her son’s partner is a student with no income, but whose savings meet maintenance requirements. But, they have been told by lawyers that Migrationsverket will likely deny the application based on the absence of the Swedish partner’s income.

How do relationships qualify for sambo status?

In order to apply for a residence permit on the basis of a sambo relationship, you and your partner must either be living together, or plan to live together as soon as the non-Swedish partner can come to Sweden. Because this reader’s son is already in Sweden as a graduate student, he can apply for a sambo permit without having to leave the country, provided that his student permit is still valid at the time the new application is submitted.

The Migration Agency notes that “you can not receive a residence permit for the reason that you want to live with a family member in Sweden before your current permit expires”. So once your valid permit is close to expiration, you can apply for a new sambo permit.

What are the maintenance requirements for a sambo permit?

The maintenance requirements for someone applying for a sambo permit fall on the Swedish partner, who must prove that they are able to support both themselves and their partner for the duration of the permit. This includes both housing and financial requirements.

In terms of residential standards that applicants must meet, they must show that they live in a home of adequate size – for two adult applicants without children, that means at least one room with a kitchen. If rented, the lease must be for at least one year.

The financial requirements are more complicated. The Swedish partner must be able to document a stable income that can support the applicant and themselves – for a sambo couple, the 2022 standard is an income of 8,520 kronor per month. This burden falls on the Swedish partner.

While the Migration Agency’s website does say that you may “fulfil the maintenance requirement (be considered able to support yourself) if you have enough money/taxable assets to support yourself, other persons in your household and the family members who are applying for a residence permit for at least two years”, it is unclear how proof of this would be documented. On a separate page detailing the various documents that can be used to prove that maintenance requirements are met, there is nothing about how to document savings that will be used to support the couple.

Can you apply on the basis of savings instead of income?

Well, this is unclear. The Migration Agency’s website does suggest that having enough money saved up to support both members of the sambo relationship is an option, but it gives no details on how to document this. It is also unclear whether applying on the basis of savings will disadvantage applicants, with preference given to applicants who can show proof of income from work.

The Local has reached out to an immigration lawyer to answer this question. 

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