You have built a life in another EU country — you hold a valid residence permit, you know the system, and Germany feels like a natural next step. Then you discover that your permit counts for nothing the moment you cross the border. This is one of the most common and costly misconceptions in European immigration, affecting thousands of third-country nationals every year.
Residence permits issued by EU member states are national documents — they authorize residence in that specific country, not across the EU as a whole. Whatever country issued your permit, and however long you have held it, a separate German application process is required before you can legally live in Germany.
Understanding what your existing permit actually allows — and which German route is right for your situation — is essential before making any plans. Schlun & Elseven Rechtsanwälte is one of Germany’s leading immigration law firms, with extensive experience advising third-country nationals on residence strategies, permit applications, and long-term residence planning in Germany. Our English-speaking lawyers support international clients at every stage of the process, from initial assessment through to final approval.
The Most Common Misconception: “I Have EU Residency”
Third-country nationals who hold a residence permit from an EU country will sometimes describe themselves as having “EU residency.” While this is understandable shorthand, it does not reflect the legal reality — and acting on that assumption can lead to serious problems when planning a move to Germany.
Two legal concepts are frequently confused with a general right to reside anywhere in the EU.
The Schengen Area and the Right to Reside
Schengen Area rules allow visa-free travel between most EU and several non-EU countries. Holding a valid residence permit from a Schengen country does allow travel to other Schengen states for short stays, but travel is not the same as residence. Schengen rules do not confer the right to live, work, or establish permanent residence in another member state.
Does EU Freedom of Movement Apply to Third-Country Nationals?
EU freedom of movement is a right that applies to EU citizens only. Third-country nationals, regardless of how long they have held a permit in an EU country, do not benefit from it. The right to move between EU countries as a third-country national requires a specific and separately obtained form of status, addressed further below.
What Can You Do in Germany on an EU Residence Permit?
If you hold a valid residence permit from any EU member state — whether Spain, Portugal, Greece, Italy, France, the Netherlands, or elsewhere — you may travel to Germany under Schengen rules for up to 90 days in any 180-day period. During that time, you may not take up employment in Germany, and you may not establish your residence there.
Once the 90-day period expires, you must leave the Schengen Area unless you have obtained a valid German residence permit. Overstaying this limit is a violation of German immigration law and can have serious long-term consequences, including refusal of future visa and permit applications.
Remote Work During a Short Stay: A Legal Grey Area
Working remotely for a foreign employer while present in Germany on a short-stay basis is a question that arises frequently, particularly among digital nomads and location-independent professionals. This is a grey area that has attracted increasing attention from German authorities. Those planning extended periods in Germany — for any purpose — should obtain legal advice before their stay begins rather than after a problem has arisen.
German Residence Permits for Third-Country Nationals: Routes by Life Situation
Knowing that your existing EU permit does not transfer to Germany is only half the picture. The more important question is which route is available to you — and that depends on your individual circumstances, nationality, and purpose of residence. Germany’s permit system is purpose-based: the permit you apply for must match the basis on which you intend to live in the country.
Employment: EU Blue Card, Skilled Worker Permits, and the Chancenkarte
The EU Blue Card is available to university graduates taking up qualified employment above a defined salary threshold and is one of the most common routes for international professionals relocating to Germany. The general skilled worker permit under the Skilled Immigration Act (Fachkräfteeinwanderungsgesetz) covers a broad range of qualified professions, and those in shortage occupations may benefit from streamlined procedures. The Chancenkarte — introduced in 2024 — offers an additional option for qualified individuals who do not yet have a job offer: it allows a stay of up to one year in Germany to seek employment, provided certain qualification and financial criteria are met.
Self-Employment and Freelance Work
Section 21 AufenthG provides a route for entrepreneurs seeking to establish a business in Germany. Freelancers in recognised liberal professions — including IT professionals, consultants, engineers, and certain creative fields — may apply for the German Freelance Visa. Requirements include a credible business plan, evidence of existing or prospective clients, and sufficient financial means.
Can I Work Remotely in Germany for a Foreign Employer?
Following a significant shift in administrative practice, certain third-country nationals can now obtain a German residence permit to work remotely for a foreign employer under Section 19c(1) of the AufenthG. This route is available to nationals of a defined group of countries, including the USA, Canada, the UK, Australia, Israel, Japan, and South Korea, and does not require the employer to have a German office or presence.
Residence Based on Financial Self-Sufficiency
Germany has no dedicated retirement visa, but non-EU citizens who can demonstrate they can support themselves without recourse to German social welfare may apply for a general residence permit under Section 7 AufenthG. Pension income, savings, investment returns, and other stable financial sources are all assessed. The permit is initially granted for one year and is renewable, with permanent residency possible after five years of continuous legal residence.
Family Reunification in Germany
Family reunification is available under Sections 27–36 of the AufenthG for spouses and dependent children of German citizens or of third-country nationals holding a qualifying permit, such as a settlement permit or an EU Blue Card. The joining family member must apply at the German consulate in their country of habitual residence and meet applicable language and financial requirements.
The Daueraufenthalt-EU: A Special Case Worth Understanding
The EU Long-Term Residence Permit — known in Germany as the Daueraufenthalt-EU, in Spain as the Residencia de larga duración-UE, and under equivalent designations across the EU — is worth understanding separately from a standard national permit. You can identify it on your permit card by the presence of “EU” or “UE” in the designation. All versions are issued under EU Directive 2003/109/EC and carry the same core rights.
The key point for those considering a move to Germany is that this status does provide limited rights to apply for residence in Germany under Section 38a AufenthG — something a standard national permit does not. In that sense, it is an advantage. However, it does not allow you to simply move to Germany and begin living there. A German application procedure must still be completed, and the Ausländerbehörde will assess whether all conditions are met before issuing a German permit.
One Important Caveat: The Permit Can Lapse
Before relying on this status as the basis for a German application, it is essential to confirm that it is still valid. Extended absences from the country that issued the permit affect its validity: a consecutive absence of between 12 and 24 months can be problematic, and an absence of 6 years will cause the permit to expire entirely. Those who have held an EU Permanent Residence Permit in another EU country but have not actually been living there for some time may find that their status has lapsed — thereby removing any advantage it might otherwise have offered.
Common Situations in Practice
The legal position varies considerably depending on who you are, where you are coming from, and how you intend to live in Germany. The following profiles cover the situations we encounter most frequently.
US Citizens and Other Third-Country Nationals Living in the EU
Those currently living in Spain, Portugal, France, Greece, or another EU country on a national residence permit and wishing to relocate to Germany must go through the standard German permit application process. In most cases, the existing permit held in another EU country does not simplify this, but nationality can open specific pathways that are not available to everyone.
US, Canadian, and British nationals are among those eligible for the remote work route under Section 19c(1) of the AufenthG. This allows them to live in Germany while continuing to work for an employer based outside the country, without requiring that employer to have a German office or presence. The key requirements are a valid employment contract, evidence of sufficient income, and comprehensive health insurance. For nationals of countries not on the eligible list, the route to Germany will depend on their personal situation — employment, self-employment, family ties, or financial self-sufficiency — rather than on any advantage derived from their existing EU permit.
Entrepreneurs and Business Owners Relocating to Germany
Relocation is rarely just a personal immigration question for business owners — it also immediately raises questions about the legal and tax structure of their activities in Germany. A self-employment permit application under Section 21 AufenthG will assess the nature of the business, its economic relevance to Germany, and whether there is a credible plan for financial viability. This means that the personal and corporate aspects of the move need to be planned together from the outset.
Those who have an established business in another EU country and wish to continue operating it from Germany face a particularly nuanced situation. The mere fact of relocating to Germany can create tax residency and potential corporate presence questions that have implications well beyond the residence permit itself. Obtaining legal advice that covers both the immigration and the business law dimensions before committing to a move is strongly advisable.
Retirees Moving to Germany from Another EU Country
Many retirees are pleasantly surprised to find that retiring to Germany is more straightforward than expected, even without a dedicated retirement visa. The general residence permit for financially self-sufficient individuals under Section 7 AufenthG is the primary pathway. To qualify, applicants must demonstrate that their income – whether from a pension, savings, investments, or a combination of sources – is sufficient to cover the cost of living in Germany without drawing on German social welfare. Comprehensive health insurance is also required, and the choice between statutory and private coverage depends on the applicant’s circumstances.
After five years of lawful residence, retirees become eligible for permanent residency. Those with German heritage have an additional avenue worth exploring: German citizenship by descent can, in certain circumstances, be reclaimed by individuals whose ancestors lost German nationality – and, if successful, removes the need for a residence permit entirely. Tax considerations also deserve early attention, particularly the treatment of foreign pension income under applicable double taxation agreements, which varies depending on the country of origin and the terms of the relevant agreement with Germany.
Digital Nomads Without Established Residence Status
The situation for digital nomads is often more complicated than it first appears — not because the routes are unavailable, but because many arrive in Germany on a short stay without a clear plan and find themselves running out of time. The 90-day Schengen limit applies regardless of how many EU countries a person has previously lived in, and once it expires, leaving the Schengen Area becomes necessary unless a permit has already been secured.
For nationals of eligible countries — including the USA, UK, Canada, Australia, Israel, Japan, and South Korea — working remotely from Germany for a foreign employer has become a realistic and well-defined legal pathway under Section 19c (1) of the AufenthG. It allows those employed by foreign companies to live and work in Germany without their employer needing any German presence, and certain eligible nationalities can apply directly at the Ausländerbehörde after registering an address in Germany.
Those who work independently and have an established client base may find the German Freelance Visa a better fit — particularly if they work in a recognised liberal profession such as IT, consulting, or a creative field. The critical difference between the two routes lies in the employment relationship: the remote work permit requires an employment contract with a foreign employer, while the freelance permit is intended for genuinely self-employed individuals managing their own client relationships.
What to Resolve Before You Move to Germany
Moving to Germany without a clear legal basis for residence can result in significant complications — from difficulties at the border to having to leave Germany in order to regularise status from abroad. Several questions should be resolved well in advance.
- Purpose of residence: The permit applied for must match the reason for living in Germany. Changing the purpose of residence after arrival requires a separate application and is not always straightforward.
- Language requirements: German language proficiency is a condition for several residence permit routes, including the general permit for financially self-sufficient individuals under Section 7 of the AufenthG and the Daueraufenthalt-EU. The required level varies by permit type but is typically at least A1 for family reunification and B1 for long-term or permanent status. For applicants who do not yet meet the applicable standard, this is worth addressing early — language courses can take several months to complete, and certificates are required at the point of application.
- Income and financial means: Most permits require evidence of sufficient income without drawing on public funds. The applicable threshold varies significantly by permit type — some routes require a concrete employment contract, others assess pension or savings against a defined standard.
- Health insurance: Germany requires comprehensive health insurance as a condition of most residence permits. Many international policies held by people living abroad do not meet German requirements, and this is a common point of difficulty best resolved before an application is submitted.
- Timing and the consulate procedure: In most cases, a German residence visa must be applied for at the German consulate or embassy in the applicant’s country of habitual residence before travelling to Germany. If you are already in Germany on a short-stay visit, the 90-day Schengen clock is running, and timing is critical.
Our Legal Services for International Clients Moving to Germany
Schlun & Elseven Rechtsanwälte provides comprehensive legal support for third-country nationals planning to move to Germany from another EU country or from elsewhere in the world. Our services include:
- Assessing your existing residence status and identifying the most suitable German permit,
- Preparing and submitting the visa or permit application,
- Managing all communication with German consulates and the Ausländerbehörde,
- Supporting you through to approval and advising on long-term residence security.
We work with clients entirely remotely when needed, making it straightforward to obtain professional German legal advice from wherever you are currently based. Through our International Desks — covering the USA, UK, Canada, Turkey, the Balkans, the Middle East, and beyond — we provide culturally informed advice tailored to clients from specific regions and backgrounds.
Germany’s immigration system offers genuine and accessible routes for a wide range of life situations. Identifying the correct one — and preparing an application that meets all requirements — is where professional legal guidance makes the difference between a smooth process and a move delayed by months. Contact Schlun & Elseven Rechtsanwälte to discuss your individual circumstances and take the first step towards securing your legal residence in Germany.
Frequently Asked Questions about EU Residence Permits and Moving to Germany
No. A residence permit issued by an EU member state authorizes residence in that country only. It does not grant the right to reside, work, or settle in Germany or any other EU member state. To live in Germany, third-country nationals must apply separately for a German residence permit.
Yes, for short stays. A valid residence permit from a Schengen country allows the holder to travel to Germany visa-free for up to 90 days in any 180-day period. During this time, taking up employment or establishing residence in Germany is not permitted.
A standard national permit authorises residence only in the issuing country. The Daueraufenthalt-EU is a long-term status granted after five years of legal residence and provides limited rights to move to another EU member state. Even so, a German application procedure must still be completed before you can legally reside in Germany.
In limited circumstances, yes — nationals of certain countries can enter Germany visa-free and apply at the local Ausländerbehörde within the 90-day period. However, this depends on nationality and permit type. In most cases, the application must be made at a German consulate before travel.
Processing times vary depending on the type of permit, the consulate handling the application, and local authority workloads. Visa applications submitted at German consulates abroad can take several weeks to several months. Early preparation and professional legal guidance help avoid unnecessary delays.
