Family immigration
If you are a citizen of an EU or EEA country, you enjoy the right to freedom of movement for workers. You can therefore enter the country independently, move into accommodation and start work or training.
Neither a visa nor a residence permit is required for entry and residence; valid identity documents are sufficient.
Only if you come from Switzerland do you need to apply for a Swiss residence permit from the local immigration authority. This is of a purely declaratory nature.
However, the right to freedom of movement as a family member is defined differently.
Right to freedom of movement for family members
If you come to Germany solely as a family member, your right to freedom of movement is dependent on the original beneficiary (family member in Germany) until you establish your own.
In this case, family members in a direct line, i.e. grandparents, parents, partner in marriage or registered partnership, children and stepchildren up to the age of 21, etc. are entitled to freedom of movement.
Only partners in a marriage or registered partnership and dependent children are regarded as family members of students. The right of free movement as a family member does not apply to siblings, uncles, nieces, etc.
Prerequisites
With regard to the requirements for the immigration of family members, a distinction is made between the immigration of employed persons entitled to freedom of movement and non-employed persons entitled to freedom of movement.
Moving in with gainfully employed persons
As a family member of gainfully employed EU citizens and workers entitled to remain, you can move in if you take up residence with the gainfully employed person or the person entitled to remain.
The EU citizen or their spouse is responsible for your maintenance. Exceptions to the maintenance obligation apply to a spouse joining you as well as children and grandchildren under the age of 21.
As a family member (spouse and children under the age of 21) of a visiting scientist or researcher with EU or EEA citizenship, you can move to Germany to join them. You then have a right of residence within the framework of freedom of movement, regardless of your own nationality.
Moving in with people who are not gainfully employed
As family members of economically inactive persons, you only have a right of entry and residence within the meaning of family immigration if you take up residence with the economically inactive EU citizen, have sufficient means of subsistence and adequate health insurance cover. This also applies to children.
Family immigration with third-country nationality
If your family members are not EU citizens like you, but have the nationality of a third country, they still have the right to enter and reside in accordance with the provisions of the Freedom of Movement Act as long as you provide them with support.
Your family members will be issued with a residence card for family members of EU citizens.
Family immigration to children
If your child with EU citizenship is permanently resident in Germany, you can move in with them at any time under the Freedom of Movement Act.
If you exercise parental care, you are entitled to reside in Germany as long as your child is attending an educational institution or undergoing training. This also applies if, unlike your child, you do not have EU or EEA citizenship.
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