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falling back to settled status after I give up my BC again?

Posted: Fri Feb 10, 2023 10:44 am
by easyjet
Hello,

My situation as following:

I am (was) german. I have received settled status in 2021. I have applied for BC because I live in England permanetly and wanted to vote and also all of my close family members are british and german.

I applied after in 2021 just months after the UK left the EU completely. I just found out that I lost my german citizenship automatically:shock:
To reapply for the german citizenship I need to give up my british one.

So the question is: Will I still have my settled status I can fall back to to be able to stay and work in the UK when I give back my BC again??

What a mess I created.
I would appreciate some helpful answers.

Thank you very much

Re: falling back to settled status after I give up my BC again?

Posted: Fri Feb 10, 2023 12:32 pm
by zimba
No you cannot. Settled status is lost when you become a citizen and cannot be reinstated.

Re: falling back to settled status after I give up my BC again?

Posted: Mon Feb 13, 2023 1:45 pm
by Deutschland lad
Under the German Nationality Act (in force since 28 August 2007), a German does not lose his/ her German citizenship if he/ she acquires citizenship of another EU member state or of Switzerland. The United Kingdom has not been a member of the EU since 31 January 2020, and the transition period ended on 31 December 2020.

Under Section 3 (2) of the Transitional Brexit Act passed by the German parliament on 17 January 2019, Germans who have made an application for naturalisation in the United Kingdom before the end of the transition period (31 December 2020) do not lose their German citizenship pursuant to Section 25 (1), first sentence, of the Nationality Act, even if the citizenship ceremony marking the acquisition of British citizenship only takes place after the end of the transition period.

This means that, if you were naturalised by the British authorities or applied for naturalisation before the end of the transition period following Britain’s withdrawal from the EU, you will not lose your German citizenship, and neither will you need permission to retain German nationality. It is the date of the application that counts here, not the date of naturalisation (citizenship ceremony). It is essential to retain proof of the date of your application (see question 3d).

However, if after 1 January 2021 you apply for and acquire British citizenship without having previously received permission from the Federal Office of Administration to retain German nationality, you will automatically lose your German nationality.