Entitlement to benefits

Despite the exclusion from benefits for the first 5 years, you may have a right of residence in Germany based on your country of origin, which entitles you to benefits.

The signatories to the European Welfare Agreement undertake to grant citizens of other member states equal access to social welfare benefits in the case of legal residence with the right of free movement.

Since 2016, all entitlements relate exclusively to benefits under SGB XII (social assistance).

Member states of the European Welfare Agreement are

• Belgium
• Belgium
• France
• Italy
• Luxembourg
• The Netherlands
• Denmark
• Ireland
• United Kingdom Great Britain
• United Kingdom Greece
• Portugal
• Spain
• Sweden
• Estonia
• Malta
• Turkey
• Iceland
• Norway

There is a separate agreement between Germany and Austria, the bilateral agreement on welfare and youth welfare, which regulates entitlements to SGB II benefits (citizen's allowance).

Irrespective of the European welfare agreement, you may be entitled to state support under SGB II (citizen's allowance) if you have been living in Germany for a long time.

After 5 years of legal residence (according to the rules of the substantive right to freedom of movement), a permanent right of residence arises. In rare cases, the right of permanent residence can be acquired after just 3 years.

The right of permanent residence also extends to family members, provided that they have been permanently resident with the EU citizen with a right of origin for 5 or 3 years.

The following periods are taken into account:

• Periods spent looking for work (generally for 6 months)
• Periods as an employee, self-employed person or as a family member of such a person
• Periods in which the employment status or self-employed status continued due to involuntary loss of employment (for 6 months or at least 2 years)
• Periods during which sufficient resources were available

Regular benefits according to SGB II or SGB XII are received by

• EU citizens with a permanent right of residence.
• EU citizens without a permanent right of residence but with 5 years of habitual residence.
• Employees and self-employed persons.
• Former employees or self-employed persons after involuntary loss of employment (with retained employment status).
• Trainees in company training.
• Family members (as defined) of the above-mentioned groups of people.
• Children in education after the death or departure of the parent belonging to the Union.
• EU citizens with a (fictitious) right of residence under the Residence Act (e.g. victims of human trafficking or illegal labor exploitation).
• Family members of Germans.

Regular benefits according to SGB XII are received by

• Nationals of EFA states with the right of residence only for the purpose of seeking employment.
• Nationals of EFA states with the right of residence as children of former employees until they have completed their training.
• Employees.
• Self-employed persons.
• EU citizens with preserved employment status.
• Permanent residents.
• Family members of the above-mentioned persons.
• Union citizens who join German family members.

Bridging benefits under SGB XII in accordance with the statutory exclusion of benefits

• Union citizens without a right of residence within the meaning of the substantive right to freedom of movement (non-employed persons without sufficient means of subsistence).
• EU citizens who do not have a right of residence (under EU law) because they are not looking for work or have been looking for work for more than 6 months without success and have no prospect of success.
• EU citizens who only have a right of residence for the purpose of seeking work and are not nationals of EFA states.
• EU citizens who only have a right of residence as children of former employees until they have completed their training and are not nationals of the EFA states. This also applies to parents who actually exercise parental care (right of residence under Art. 10 Regulation 492/2011).

Benefits under the Asylum Seekers Benefits Act

• EU citizens after formal determination of the loss or non-existence of the right to freedom of movement by the immigration authority ("loss determination" or "administrative expulsion").

Family benefits can be, for example, child benefit, maternity benefit, parental benefit, maintenance advance, child supplement or as a relief contribution for single parents.

Whether you are entitled to family benefits in Germany depends on your specific living situation. If your whole family lives in Germany and is also insured here, you will generally also receive the corresponding benefits.

If you are insured in Germany but your family lives in another country, you may be entitled to benefits in several countries. Family benefits cannot be received twice. Which country grants benefits is decided according to priority rules.

Priority rules

• The country in which you acquire entitlement to family benefits through employment is responsible.
• If you acquire entitlements through employment in 2 countries, the country in which the children live is responsible for family benefits (if one parent works in this country). The same applies if you have pension entitlements in two countries.
• If the children live in a third country in which you have not acquired any entitlements through employment, the country in which the highest benefits are paid is responsible for family benefits.
• If the children live in a third country in which you have not acquired any pension entitlements, the country in which you were insured or resided the longest is responsible for family benefits.
• If your entitlements are based on residence in both countries, the country in which your children live is responsible.

Supplementary benefits

The family benefits you receive in the competent country may be lower than the benefits you are entitled to in a second country. You will receive the difference from the second country.