Details

Parent Category: Entry

Created on Monday, 15 December 2008 16:06

Last Updated on Saturday, 22 December 2012 18:51

EU Citizens

Being a European, am I subject to the residency law?

Union citizens and their relatives are not subject to residency law and do not need a permission to enter or live in Germany (§2 FreizügG). The European Law on Freedom of Movement of Union Citizens rules their status. In many cases, however, this law refers to the Residency Law, and Germany has adopted an implementing act following this European directive Freizügigkeitsgesetz.
§

What formalities do I have to consider, when I want to live in Germany?

You are to receive ex offcio and without undue delay certificate on your right of residence (§5 I FreizügG/EU). Non-EU family members will receive such certificate within six months after all documents proving your relationship have been submitted (§5 II FreizügG/EU). This certificate is to be valid for at least five years. The office may demand to see a proof of (self-)employment or of sufficient funds to finance your living in Germany, health insurance, and such. Practically, when they have no reasons that you cannot make it in Germany, they will not typically insist on seeing such documents from EU nationals.
§

I have a European citizenship, what permissions do I need to enter and live in Germany?

People who belong to the European Union have the right to enter other EU countries at any time, to reside in any place of their choice (right to freedom of movement) and to settle there in the pursuance of their own goals (freedom to settle). Citizens of EEA countries who are not EU citizens are treated as equal to EU citizens with regard to freedom of movement (§12 FreizügG). So just move in and register with the police, as every German is obligated to do. You shall receive your “residence card” ex officio after registering your physical address at the Meldeamt! No, you do not have to visit the foreigners office but you can get your residence card there also.
§

Coming from Switzerland, I want to live for a while in Germany. What am I required to do? Do I need to obtain a residence permit?

You will generally be treated as a European Community citizen. Okay, Switzerland does not belong to the European Union but based on a “bilateral” treaty, Swiss are considered as if they were European. Swiss seem to always and also get its special treatment. Keep reading.
§

I have been living here for six years with my spouse and kids. Not planning to return, what do I need to stay here permanently?

Bingo! You and your dependants have the permission to remain here permanently. This implies that your status is independent to freedom of movement by European law. However, you still have to apply for this status.
§

Which family members may follow an old-age pensioner?

These persons are

• the spouse or the long-term partner and their supported children,
• (grand)parents being supported by the European.
  §

Which family members may follow students?

These persons are exclusively the spouse or long-term partner and their children, who are entitled to their support.
§

Is this permanent residence permission not somewhat hypocritical? I can’t be expelled anyhow. The thing is that European law is superior to German law which gives me this freedom. Can Germany take this away from me?

No, it is not really hypocritical. National sovereignty has not been abolished. Europeans are subject to expulsion if they become a danger to public order, security, or health. The law does not talk of expulsion in these cases but of an ascertainment of loss of the freedom of movement. The standards to meet these prerequisites are high. There must be real and sufficiently severe endangerment, which would touch basic interests of society. This danger must also come from your actions. If you do not voluntarily leave, you will be expelled. No, do not worry; if you got a bunch of speeding or parking tickets. They do not jeopardize your residency status though they do your driver’s license. But, if you start dealing with anthrax, women, etc. that will give grounds for expulsion.
§§§§

I consider it good to be a European! I know that outside my home country and inside Schengen, I can’t be expelled. Ah, that is a good feeling.

Em, excuse me, but I must interrupt your daydreaming. You missed a tiny but seemingly very unimportant detail. You as a European are not exempt from expulsion what so ever. However, it will not be easy to expel you. There must be a de facto und substantially severe danger to public order or safety, touching a basic interest of society. This danger must also come form your actions. If you do not voluntarily leave, you will be expelled. No, do not worry; if you get a bunch of speeding or parking tickets. They do not jeopardize your residency status though they do your driver’s license. But, if you start dealing with anthrax, women, etc. that will be grounds for expulsion.
§

My spouse belongs to an EU country, but I do not. I know my husband is entitled to free entry and freedom of movement (Directive 2004/38/EC). I suppose being married to him this will enable me to have the same rights. Is that correct? What about me?

Yes, that is correct (§§2 I, 3 I FreizügG/EU) – when you cohabitate with your spouse and/or other family members and want and will live together! You will have the same rights as your husband. N.B. This is not a permission granted but just a formal acknowledgment of your status.
§

My non-EU member of my family was refused entry because she allegedly needed a visa. I though family members were allowed entry. What’s going on?

Just belonging to an EU family does not mean that these non-EU persons have the same rights as members do. They are almost as much subject to the normal rules as if they were entering independently (§4 IV 2 FreizügG/EU). When you show the authorities, that you have been living together at home and plan to do so here, then you will easily get the permit. In other words, when the non-EU is sent off to Germany without the EU partner, then no privilege exists.
§

My EU family member passed away, will they now kick me out, just because I am not EU?

Generally, not! §4a FreizügG/EU will grant you a permanent right of residence, when your European family member

• resided here during the last two years before dying,
• died due to an accident at work or occupational disease,

Being a European, am I subject to the residency law?

Union citizens and their relatives are actually not subject to residency law. The European Law on Freedom of Movement of Union Citizens rules their status. In many cases, however, this law refers to the national Residency Law, and Germany has adopted an implementing law following this European directive. The most common referrals are in the following situations:

• in the case the freedom of movement has been jeopardized, or
• in the case regulations of residency law are to explicitly rule this situation,
  §

Which citizens of the Union enjoy freedom of movement?

Such persons are: employees, businesspersons, service providers, recipients of services. Also pensioners and students enjoy this right, but they are subject to a few special rules. These persons must have comprehensive health insurance and must have their livelihood secured for their time of sojourn in Germany. The same goes for their relatives. These persons simply must not need welfare (§4 FreizügG/EU).
§

I have been living here for five years with my spouse and kids. Not planning to return, what do I need to stay here permanently?

Bingo! You and your dependants have the permission to remain here permanently. This implies that your status is independent to a freedom of movement by European law.
§

Is this permanent residence permission not somewhat hypocritical? Isn’t European law anyhow superior to German law which initially gives me this freedom. Can Germany take this away from me?

No, it is not really hypocritical. National sovereignty has not been abolished. Europeans are subject to expulsion if they become a danger to public order, security, or health (§7 I FreizügG/EU). The law does not talk of expulsion in these cases but of foreigners office of acknowledgement of loss of the freedom of movement. The standards to meet these prerequisites are high. There must be real and sufficiently severe endangerment, which would touch basic interests of society. This endangerment must be a result of personal action; as soon as this formal acknowledgement has become unappeasable, the duty to leave arises. If you do not follow this obligation, you can and will be expelled.
§

Do my relatives from non-European countries have the right to follow me to Germany?

Supposing you, as a European, are gainfully employed (self-employed and employees) then you are entitled to have your (biologic) closest family members follow you to Germany. The same goes for your spouse even if he or she is from a third-land country. These persons are:

• spouse and life-long partner,
• (grand)children younger than 21, (grand)parents.
  §