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Right of residence and right of abode for EU citizens

The Freedom of Movement Act/EU regulates the entry and residence of EU citizens and their family members. They can enter the country without a visa and do not require a residence permit.

The only requirement is possession of a valid identity card or passport. The same applies to citizens of the EEA. After 3 months of residence, the right to freedom of movement is subject to certain conditions.

You are entitled to freedom of movement if you

  • is looking for work in Germany with prospects of success.
  • is undergoing training in Germany.
  • is gainfully employed or self-employed.
  • is not economically active, but has health insurance cover and sufficient financial resources for themselves and their dependents. It does not matter where the financial resources come from.
  • is a family member (according to the Freedom of Movement Act) of the above-mentioned persons.

Citizens of Switzerland and their family members are granted the right of residence in Switzerland, which is very similar to the right of free movement. Upon application, they will be issued with a residence permit in card form so that they can prove their right of residence or use the online functions of the electronic residence permit.

The right to freedom of movement for the purpose of seeking work exists for a period of 6 months and beyond, as long as you, as a Union citizen, continue to seek work and have a reasonable prospect of finding a job.

Anyone who takes up employment in Germany establishes an employment status. This status is retained beyond the period of employment even if the employment is given up involuntarily or in favor of new employment or training.

If you lose your job involuntarily after less than 12 months, your employment status will continue for a further 6 months. During this period, you can look for a new job or start training of your choice.

If you lose your job involuntarily after a period of 12 months or more, your employment status will be maintained for at least 2 years.

If you give up your job voluntarily, you will lose your employment status. You can then take up new employment or start training that is directly related to your previous employment.

If you are unable to work due to illness, for example, you will not lose your employment status as long as your inability to work is temporary and there is a prospect of recovery.

The right to freedom of movement allows you to stay in Germany legally for the purpose of training and studying. If you have previously worked in Germany, your employment status will remain in force when you take up vocational training.

If you have voluntarily given up your previous work, you will only retain your employment status if your subsequent training is directly related to your previous work.

Family members in a direct line, i.e. grandparents, parents, spouses and registered partners, children and stepchildren up to the age of 21, etc. are entitled to freedom of movement. The right to freedom of movement for family members does not apply to siblings, aunts, etc.

Your right to freedom of movement is dependent on that of the parent until you establish your own.

Minor (step)children of EU citizens and their (step)parents who actually exercise parental care have an independent right of residence under European law in accordance with Art. 10 Regulation 492/2011 EU if they are in education (elementary school to vocational training or studies) and if one of their EU citizen parents has previously worked or is currently working as an employee in Germany.

You can find more information on family immigration in the Family section.

After 5 years of legal residence, permanent residence arises in accordance with § 4a of the Freedom of Movement Act/EU. This requires legal residence in accordance with the substantive law on freedom of movement. Mere factual residence is not sufficient.

The right of permanent residence can be certified, but has a purely declaratory effect. It also extends to entitled family members who have their permanent residence with the original beneficiary.

In exceptional cases and under certain conditions, the right of permanent residence is granted after 3 years.

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In principle, the presumption of freedom of movement applies to all EU and EEA citizens. However, it is still possible to lose the Community right of residence. During the first 5 years of residence, the immigration authority can determine the loss of the right to freedom of movement if the conditions for exercising the right no longer apply.

Furthermore, a determination can be made if the person concerned has falsified the conditions for the right to freedom of movement by using forged or falsified documents or by making false pretenses.

This may be the case, for example, if EU citizens have made false statements about an employment relationship and instead claim a considerable amount of social benefits. The same applies to so-called sham marriages or sham paternity.

Serious criminal offenses can also lead to the loss of the right to freedom of movement and the resulting obligation to leave the country. If the EU citizen does not voluntarily comply with their obligation to leave the country, they can be deported.

EU citizens who have lost their right to freedom of movement for reasons of public order or security may not re-enter the federal territory.