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Brits in Europe won right to vote for life in UK but questions remain

After years of campaigns and promises British citizens living abroad finally won the lifelong right to vote in UK general elections in April 2022. But campaigners say more needs to be done to allow all those Britons abroad to be able cast their votes easily.

Published: 1 February 2023 17:31 CET

Brits in Europe won right to vote for life in UK but questions remain

A photograph taken on October 20, 2022 shows the Palace of Westminster, house of Parliaments and Elizabeth Tower, commonly referred to as Big ben, in central London. (Photo by Niklas HALLE'N / AFP)

What’s in the law?

The Elections Act 2022 introduced several changes to the current legislation on electoral participation. Among these, it removed the rule by which British citizens lose their voting rights in the UK if they have lived abroad for more than 15 years

The new rules also abolished the requirement to have been previously registered in the UK electoral roll to become an overseas voter. In addition, the registration in the electoral roll will now last up to three years instead of only one year.

It is estimated that these changes could increase the number of overseas voter registrations by some 3 million. But the way new measures will be applied in practice is still to be defined.

Defining the practicalities

Under the new law, Britons living abroad will have to register to vote in the last place they were registered in the UK. This means that people who have never lived in the UK will be ineligible to vote, regardless of how long they have been overseas, while those who left when they were children will be able to use a parent or guardian’s address.

But given that the UK does not require residents to register with local councils, how to prove previous UK residence? “Typical documents accepted as a proof of residence are Council tax or utilities bills, but not everyone will have them or will have kept them in an international move,” says Fiona Godfrey, co-founder of the British in Europe coalition.

Ballot papers are pictured in stacks in a count centre as part of the 2019 UK general election. (Photo by ANDY BUCHANAN / AFP)

Other questions concern how people will effectively cast their ballot. UK citizens overseas will be able to vote by post or by proxy or in person at their polling station if they are in the UK at the time of the election. However, few people are likely to travel to the UK for an election and in the past there have problems and delays with postal voting.

The Electoral Commission has recommended that overseas electors appoint a proxy to vote on their behalf. But who could that be for people who have been away from their constituency for a long time?

New secondary legislation will have to answer these questions, defining how to be included in the electoral roll and how to exercise the voting right in practice.

According to British in Europe, the government should present draft legislation in the first half of the year so that the parliament can adopt it before summer and registrations of overseas voters can start in the autumn.

British in Europe survey

British in Europe are currently running a survey to understand the difficulties UK citizens abroad may face in the registration and voting process, as well as their intention to participate in elections.

The survey asks for instance which documents people can access to prove their previous residence in the UK, what problems they had voting in the past, and if and how they plan to vote in the future.

“We need to get an up-to-date picture of British citizens living around the world and have information to make recommendations to the government, as it prepares secondary legislation,” Godfrey said. “If millions of people will exercise their voting rights, there will be consequences for council registration offices, post office and authorities that will manage the process, among other things” she argued.

The right to vote concerns only UK parliamentary elections and national referendums, not elections in the devolved administrations of Scotland, Wales and Northern Ireland, or at local level.

The survey is open to UK citizens living anywhere in the world and is available at this link.

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Do Brits need to carry a residence permit at the German border after Brexit?

For many Brits living abroad in the EU, the past few years have been a steep learning curve. For the first time in a generation, they have to register for their residence rights or navigate the complicated immigration rules that are applied to third-country nationals, like applying for work or study visas.

This means that even Brits who have lived in Germany for years may end up encountering situations they haven’t dealt with before, such as being asked for residence permits when applying for jobs or crossing the border in and out of Germany.

During Covid, this became particularly tricky, because people from non-EU countries generally had to prove their need to be in Germany before being allowed entry to the country.

But what are the rules in general for Brits when entering and leaving Germany? And is it necessary to always have a residence permit (Aufenthaltserlaubnis) or post-Brexit residence document (Aufenthaltsdokument-GB)?

Here’s what you need to know.

What is the status of Brits in Germany after Brexit?

Since the transition period ended, UK citizens have been treated in much the same way as other non-EU citizens in Germany – albeit with a few more perks.

These include the right to visa-free travel in Germany (and the Schengen Area) for up to 90 days in every 180, the right to enter the country before applying for a visa and the ability to work for employers abroad while living in Germany.

In general, however, for people who didn’t live in the country before the end of the Brexit transition period, the immigration requirements are much the same as they would be for someone from, for example, Japan or the USA.

In order to live in Germany long-term, Brits now need an appropriate residence permit, such as work, family reunification or study visa, or another status such as citizenship that assures their rights.

Otherwise, immigration authorities will enforce the so-called ’90-day rule’, meaning that Brits will be unable to spend more than three months out of every six in the Bundesrepublik.

Which Brits have the right to live in Germany?

Brits who have a valid residence permit – such as a work or study visa – are entitled to live in Germany for the duration of their visa, and can normally choose to renew it or apply for a different visa once their permit expires.

Those who have German citizenship (i.e. British-German dual nationality) have lifelong residence rights in Germany, as do people with permanent residency and those covered by the post-Brexit Withdrawal Agreement (Article 50), provided they don’t leave the country for too long.

UK citizens in Germany who exercised their free movement rights before December 31st, 2020, have a special status under Article 50. Ultimately, they have the right to remain in Germany indefinitely and enjoy much the same rights as EU citizens, such as being able to claim benefits and switch freely between employers or different kinds of work, for example.

A new UK passport design and old UK/EU passport design side by side. Photo by Ethan Wilkinson on Unsplash

These rights are essentially for life, though they can be lost if you spend too long away from Germany – and how long depends on when your card was issued. People who have lived in Germany for five years or more can get a Daueraufenthaltsdokument-GB (permanent residence document), which allows them to live outside of Germany for up to five years without losing their status.

Otherwise, you’re issued with an ordinary Aufenthaltsdokument-GB, which allows you to live outside of Germany for up to six months – or one year in exceptional circumstances – without losing your rights.

Do Brits covered by the Withdrawal Agreement need their residence card to cross the border?

This is a tricky question, and one that has been an issue since the get-go. After the transition period, many Brits had to wait months for their post-Brexit residence documents and were concerned about issues they may face while travelling during that time.

At the time, a spokesperson for the border police at Frankfurt am Main airport told The Local that other documents could be used by Brits to prove their residence (and residence rights) in Germany.

“If no application (for a residence document) has yet been submitted to the competent domestic office, the right of residence in the federal territory can also be proven by submitting suitable documents such as a tenancy agreement, employment contract, certificate of registration, etc.,” they explained.

More recently, another spokeswoman confirmed that these more relaxed rules had been in place for six months after the end of the transitional period – i.e. until June 30th, 2021.

Police check ID documents at the German/Swiss border. Photo: picture alliance / dpa | Patrick Seeger

However, she said that Brits covered by the Withdrawal Agreement can still use other means to prove their residence in Germany – though this can be more complicated and time consuming.

“In the context of the border control it requires as described in principle the presentation of a residence title or residence document GB, however, the possibility of proving the right of residence after the withdrawal agreement in another suitable way still exists,” she explained. “As a rule, however, for the purpose of this verification of other evidence, the second line of control must be brought in, which enormously increases the time required for the border control.”

What’s important to note is that Brits do have the right to stay in Germany for up to 90 days without a visa, so it’s unlikely that you’d be turned away without your residence document.

Nevertheless, the British government advises Brits to always keep their residence card on them when entering or leaving Germany.

“When you travel, carry your residence document Aufenthaltsdokument-GB or frontier worker permit ‘Aufenthaltsdokument für Grenzgänger-GB’ issued under the Withdrawal Agreement, in addition to your valid passport,” the official advice reads.

You must proactively show your residence document, or other evidence of residence status, if you are asked to show your passport at border control. If you have applied for, but not yet received, your Aufenthaltsdokument-GB, show your ‘Fiktionsbescheinigung’ certificate. If you cannot prove that you are a resident in Germany, you may be asked additional questions at the border to enter the EU.

Do Brits who live in Germany with a visa need their residence permit to enter and/or leave?

According to official advice from the Federal Police, foreigners are required to show their passport whenever they cross the German border, and should also be able to show a residence document if required.

That means that, where possible, it’s important to have both with you if you are planning on leaving Germany for any amount of time.

As we mentioned, Brits are in general allowed to enter Germany without a visa.

According to recent stats, only 195 Brits were turned away at the EU border in 2022 due to the 90-day rule.

However, this is always a risk that you face if you don’t have the required documents with you and, even if you are let in, you may have to deal with numerous questions beforehand and may even receive a passport stamp.

Can I still travel after my residence permit expires?

The short answer is yes – though it is a good idea to be proactive about renewing it.

In most cases, booking a visa appointment at the Foreigners’ Office will automatically extend your visa until the date of your appointment, and you will be able to travel with what’s known as a Fiktionsbescheinigung in the meantime.

For people who are waiting on a visa or a visa appointment, presenting a Fiktionsbescheinigung with the third box ticked should permit you entry into Germany. For those waiting on another post-Brexit residence document, a Fiktionsbescheinigung with the fourth box ticked is required.

“Although the aforementioned Fiktionsbescheinigung contains a time expiration date, it may, under certain circumstances, continue to be valid beyond the expiration date until the immigration authority has actually decided on the application,” the spokesperson at Frankfurt Airport told The Local.

“In case of doubt, this circumstance would be verified within the framework of the border control by a short-term consultation with the responsible foreigners authority.”

Automated border controls at Berlin airport. Photo: picture alliance / Bernd Settnik/dpa-Zentralbild/dpa | Bernd Settnik

Things are tiny bit simpler if your visa is in a passport that has expired.

In advice for third-country nationals, the German government explains: “Provided that the residence title for Germany has not been damaged by the invalidation of the old passport, you can usually enter Germany together with the old and the new passport without any problems. The same applies if you already have the electronic residence title (plastic card). The issuance of a visa for re-entry is not necessary in these cases.”

However, they advise people to apply to get a new visa placed in their up-to-date passport or an up-to-date residence permit as soon as possible upon return.

What happens if border guards stamp my passport?

It can be a worry if long-term residents of the EU get a passport stamp when entering the Schengen area, but if you can prove your residence rights at a later date, there’s no cause for concern.

According to the UK government, a passport stamp “will not affect your rights in the country or countries where you live or work”. In fact, if you receive an accidental passport stamp at the border, “the stamp is considered null and void when you can show evidence of lawful residence”.

Of course, different rules apply if you don’t have residence rights and need to adhere to the 90-day rule, but if you are entitled to live in Germany, there shouldn’t be an issue – even if you enter and leave through a neighbouring country.

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