How will brexit affect our plan?

[Noz03]

Currently, I am a British citizen, living in Germany with a non-eu spouse.

Now we are planning our next move to Italy, but I am unsure how brexit might affect us. I know nothing is certain for now, but I do know that some things on the topic of immigration have been agreed on and are at this moment the most likely outcome if a deal is reached.

From what little I understand of this part of the deal, people already living somewhere will be given the right to stay. But is this under the same conditions and requirements that they were staying before? How long will be the transition period? And most of all, will this still apply for someone who moves at the end of 2018?

As 2 people looking for new work when we arrive we are very worried about any requirements we might face. Staying in Germany is also not an option we are considering, so it will likely happen no matter what but would just like to be as prepared as possible.

Does anyone have any answers to these questions, or advice/information that could help us?

[secret.simon]

As I am sure you're aware, there is much uncertainty about the draft withdrawal agreement about the fate of UK citizens in the EU.

As I understand it, the UK citizens in an EEA member-state will get locked down to that country i.e. they can continue to reside in the country they were in on Brexit day (March 29th 2019) or the end of the transition period (depending on the terms of the deal), but won't have the freedom of movement within the rest of the EU, as they are not EU citizens any more.

“Even assuming that the Brexit negotiations guarantee our acquired EU right of abode in Germany, we are essentially locked into living in Germany for the rest of our lives because our right to live in other EU states will be lost,” Alan said.

“The EU citizens in the UK will be able to travel freely if they want they go to another country. I can’t. I have two opportunities – one is to remain here for the rest of my life or the second is to go back to the UK. We are landlocked,” he added

So, if you plan to move to another EEA member-state, I suggest that you move sooner rather than later.

From what little I understand of this part of the deal, people already living somewhere will be given the right to stay. But is this under the same conditions and requirements that they were staying before?

Most likely, yes. But see the above scenario.

How long will be the transition period?

Most likely till December 2020. Possibly March 2021.

And most of all, will this still apply for someone who moves at the end of 2018?

Yes. It should apply to anybody moving before March 29th, 2019.

All of this assumes that there is a withdrawal deal. If there is no deal, there is no withdrawal agreement(as the EU said, nothing is agreed until everything is agreed) and your rights to reside in the EU may cease on March 29th 2019.

[Noz03]

Thanks. Yeah that was what I thought. Although I am a bit surprised they didn't set any cutoff date for when people had to move.

And these conditions would last the rest of my life in that country? In other words when I went to renew my non-eu wifes residence permit when it expired the eu family member rules would apply?

[Ffmuni]

How long have you been in Germany?

Have you checked out your possible entitlement to apply for German Citizenship?

Acquiring German citizenship now or Italian citizenship in the future would mean you’d continue to have freedom of movement.

[Noz03]

Yeah I did consider it, especially when I heard that we would have to wait 10 years in Italy to get a passport, but we decided we want to move now and not wait several more years :/