Am I allowed to Live/Work in Germany if I’m a British Citizen with Portuguese Permanent Residency.

HywelM • 9 August 2024

0 likes

Could someone kindly offer some advice to my situation. I’ll explain it below:

- I have a German work contract.

- I have a German Address (Registered in the Bürgerbüro), German health insurance and Tax Number.
- Before flying to Germany I was residing in Portugal with my permanent residence card.
- I arrived in May to start my employment with my employer reassuring me I am allowed to work and live in Germany.
- I called the ausländerbehörde and they weren’t listening to my story but focused on the fact that I’m a British citizen and need a visa to be here.

I would like to know if they are right and I do need to apply for a visa or if my employer is right and there is nothing more for me to do. Please help me understand this as I’m hearing two stories.

Kategorie

Residence permit

Answers (3)

Moderation

Yara _Community Manager • 2 months ago

Hello HywelM,

thank you for reaching out to us. I can imagine that the situation with the Ausländerbehörde must be frustrating.

If your residency in Portugal was an EU permanent residence, then you should be able to work in Germany and should not need a visa. You usually receive this residence after 5 years.
You can read more information here: https://handbookgermany.de/en/permanent-eu-residence-permit
If you do not hold a permanent residence EU then it could be that you would need to apply for a visa. I will have to double check that as well.
In general, it can help for your employer to apply for fast-track procedure for employers to help speed up the visa procedure, in case it is needed. https://www.make-it-in-germany.com/en/looking-for-foreign-professionals/entering/the-fast-track-procedure-for-skilled-workers

Best wishes

HywelM • 2 months ago

Hi Yara,

Thank you for your reply! It was very difficult talking with Ausländerbehörde. My Permanent Residence in Portugal started in 2017 back when the UK was in the EU. In 2023 I had the new updated residency card that was offered as a post Brexit Permanent Residence.

I’m meeting my employer tomorrow to discuss it further because he is sure there is no problem when I have my doubts.

Thank you so much for your help and the links!

Moderation

Yara _Community Manager • 2 months ago

Hi HywelM,

Many people struggle with the Ausländerbehörde unfortunately. It's a good idea to meet with you employer, if he has experience with this type of situation he could support further.

I have also checked some things and I think you do not need to leave the country to apply for a visa. Since you have valid residency in Portugal and are from a country that also allows visa free entry.
You should be able to apply for the residence here. Hopefully with some more pressure, maybe from your employer, things should go smoothly.

Please keep me updated and if you have any further questions let me know.
It's also helpful for others in similar situations if you could share your experience and further steps.
Best wishes