Aufenthaltstitel expiring after 5 years post Brexit
Hi Team,
I have a few questions regarding my Aufenthaltstitel, which is set to expire in February 2026.
For some background on my situation:
- I am a UK national and have been living in Germany since February 2019.
- I received my Aufenthaltstitel in 2021, which is now due to expire in 2026.
- I am getting married this year to my long-term partner, who is a German citizen, and we are expecting our first child this summer.
Here are my questions:
- I have heard mixed reports about the duration of Aufenthaltstitels—some people receive 10 years, while others receive 5. Will mine simply be extended for another five years, or will I need to apply for a permanent residence permit? I'm slightly unclear as to what my rights are in accordance to Article 50.
- If I do need to apply for permanent residency, does my situation—marrying a German citizen and having a child—affect the type of residence permit I should apply for?
Thank you very much for your time and assistance!
1 Comments
Welcome to our forum, @George094
Congratulations on your upcoming marriage and the expected arrival of your child.
Regarding your residence permit: Under the Withdrawal Agreement, your residence document, Aufenthaltsdokument-GB, is typically valid for five years. You now have the option to either apply for an extension of your current permit or for a permanent residency.
As you mentioned, you have been living in Germany for more than five years. If you have not been outside Germany for more than six months in a row, you may meet the requirements for a permanent residence permit. These requirements include:
On Handbook Germany you can read more about permanent residency.
With the residence permits mentioned above, you will be more independent in terms of your residency status.
Of course, after your wedding, you would also have the option to change your residence permit to a family reunification permit. However, this is then tied to your marriage. Nevertheless, with this permit, you would still be allowed to work in any profession. After three years, you would also be eligible to apply for a permanent residence permit, if you meet all the requirements. It is good to know that you might need to apply for a visa for family reunion in the UK. Unfortunately, this depends on the foreigners department. Some will allow you to just change your purpose of stay. Please ask the foreigners department before you'll apply how they handle this.
Please note that we cannot give you any legal advise. You can get more information by contacting a migration counseling. You can find one on the website of BAMF or tell me your zip code, so I can support you. Feel free to reach out for further questions or something remain unclear.