EU Freedom of Movement Law in Germany

Freedom of movement is the right of EU citizens to move freely between member states, reside there, and engage in employment or self-employment. In the host member state, EU citizens are broadly treated as equals under the law alongside that state’s own nationals. This right arises directly from EU law and does not require a separate authorization. A valid national identity card or passport is sufficient proof.

The legal basis for EU freedom of movement law is found primarily in Articles 20 and 21 of the Treaty on the Functioning of the European Union (TFEU), as well as in the EU Citizens’ Rights Directive 2004/38/EC, which has been transposed into German law through the Freedom of Movement Act/EU (FreizügG/EU).

Free movement rights extend to all nationals of an EU member state (EU citizens) and to the family members of an EU citizen from a third country, provided the statutory conditions are met.

EU nationality alone is sufficient for the right to enter and remain in another member state for short periods. For longer stays, however, additional conditions must be met depending on the individual’s circumstances.

Third-country nationals who acquire German citizenship through naturalization automatically become EU citizens within the meaning of Article 20 TFEU and thereby gain full free movement rights without requiring a separate application. Naturalization, therefore, opens not only the German passport but also the right to move, reside, and work freely throughout all member states.

For EU citizens and their family members who hold free movement rights, the FreizügG/EU takes precedence in Germany as a specialized statute — the general residence law contained in the Residence Act (Aufenthaltsgesetz — AufenthG) recedes behind it. As long as free movement rights exist, no separate residence permit (Aufenthaltstitel) is required.

The position changes when free movement rights no longer apply — for example, because the underlying conditions have ceased to exist or the relevant authority has formally withdrawn them. In that case the AufenthG applies, and the person concerned will need to obtain a residence permit under the general rules of German residence law. During the application process for that permit, a provisional document known as a fictional certificate (Fiktionsbescheinigung) is typically issued to confirm the right to remain in Germany while the application is being processed. This transition can occur without warning and has serious practical consequences, which is why anyone whose free movement status is in question should seek legal advice promptly.

The transition between the two legal regimes is governed by Section 11 of the FreizügG/EU and is, in practice, one of the most frequent issues arising in immigration law advice.

EU freedom of movement law is structured according to length of stay and personal circumstances.

EU citizens have the right to stay in another member state for up to three months without satisfying any particular conditions. A valid national identity card or passport is all that is required.

For stays of more than three months, EU citizens must fall into one of the following categories:

• Employees or self-employed persons in the host member state
• Persons who have sufficient financial means and health insurance coverage
• Students enrolled in the host member state who have sufficient financial means and health insurance coverage

Family members derive their right of residence, as a general rule, from the EU citizen who holds free movement rights.

The “sufficient financial means” condition does not specify a fixed euro amount under EU law. In practice, German authorities assess this against the threshold at which entitlement to social assistance would arise — meaning that a person living on savings or investment income must be able to show they can support themselves and any dependants without recourse to German state benefits.

After five years of lawful and uninterrupted residence, a permanent right of residence (Daueraufenthaltsrecht) arises. It is no longer tied to the conditions set out above and provides significantly stronger protection against residence-related measures. At this point, the restrictions on social benefit entitlement that apply during the first years of residence no longer have the same force.

EU citizens working in another member state hold free movement rights as employees. The concept of “employee” is interpreted broadly: what matters is the genuine performance of work in exchange for pay, under the direction of an employer. Even after losing a job, employee status can be retained under certain conditions — for example, in cases of involuntary unemployment following more than one year of employment, or in cases of temporary incapacity for work. This applies to EU nationals working in Germany on fixed-term contracts, posted workers, and those between jobs, among others.

EU citizens who have recently arrived in Germany and are actively looking for work are entitled to a right of residence for this purpose for up to six months. Beyond that period, the right of residence can be maintained only where the person can demonstrate that they are continuing to seek work and have a genuine prospect of finding it. Anyone in this position should seek clarity on their status at an early stage.

Self-employed EU citizens are treated on the same basis as employees. EU citizens not in employment — such as retirees or those living from their own assets — also hold free movement rights, but must demonstrate that they do not place an unreasonable burden on the social welfare system of the host member state.

A practical point worth noting: claiming certain German state benefits can be used by the authorities as grounds to question whether the sufficient-means condition is still met. EU citizens who find themselves in financial difficulty in Germany should seek legal advice before making benefit claims, as the immigration consequences may not be immediately apparent.

EU citizens undertaking a course of study or vocational training in another member state also hold free movement rights. The condition is that they have sufficient financial means and health insurance coverage to avoid placing a burden on the social welfare system. Entitlement to German student grants or means-tested social benefits is generally restricted during the earlier years of residence and becomes more fully available once the permanent right of residence threshold has been reached.

Third-country national family members of EU citizens have the right, under certain conditions, to join their EU citizen partner in a member state. This applies in particular to spouses, registered civil partners, and children of the EU citizen. They are broadly treated on the same basis as EU citizens, including the right to take up unrestricted employment or self-employment in the host member state.

For a non-EU spouse or partner, entry and residence under the FreizügG/EU is a distinct route from the standard visa or spousal reunification process under the AufenthG. It typically requires proof of the EU citizen’s own free movement status in Germany, evidence of the family relationship, and documentation of cohabitation. The authorities may examine whether the relationship is genuine, and a marriage or registered partnership of convenience will not confer free movement rights. Unmarried partners may also be included under the FreizügG/EU, but the conditions for doing so are stricter than those for spouses and require a demonstrated durable relationship.

The legal requirements around separation and divorce are particularly important for non-EU family members. A non-EU spouse or partner does not automatically lose their right of residence upon divorce or annulment. Under Section 3(5) of the FreizügG/EU, an independent right of residence may be retained, but two conditions must both be satisfied.

First, the spouse or partner must independently meet the conditions applicable to EU citizens under Section 2(2) of the FreizügG/EU — for example, by being in employment, self-employed, or having sufficient means and health insurance.

Second, they must satisfy at least one of the following grounds: the marriage or partnership existed for at least three years prior to the start of proceedings, including at least one year in Germany; they have been allocated parental custody of the EU citizen’s children; retention is necessary to avoid particular hardship; or a court has granted a right of access to a minor child that is exercisable only in Germany. The specific protection available in any given case depends on the circumstances, and legal advice should be sought early.

The derived right of residence held by family members is tied to the EU citizen’s status. If the EU citizen loses free movement rights entirely — for example, by leaving Germany permanently — the basis for the family members’ right of residence is generally affected. The rules in this area differ considerably from the standard German residence law framework and require careful individual assessment.

Free movement rights are not an irrevocable entitlement. Under certain conditions, member states may restrict free movement or issue a formal declaration of loss (Verlustfeststellung) — for example, on grounds of public order or security. Strict rule-of-law requirements apply: the individual’s personal conduct must represent a genuine, present, and sufficiently serious threat. EU citizens who hold a permanent right of residence benefit from significantly enhanced protection in such proceedings.

Anyone who receives a Verlustfeststellung should be aware that time limits for challenging the decision are strict, and that filing a legal challenge promptly can, in many cases, suspend enforcement while proceedings are ongoing. Early legal advice is therefore important.

British nationals are no longer covered by the FreizügG/EU following the United Kingdom’s departure from the European Union. Their position in Germany is governed instead by the EU-UK Withdrawal Agreement, which came into force on 1 February 2020 and protects the rights of those who were exercising free movement rights in Germany before the end of the transition period on 31 December 2020.

UK nationals who registered their residence in Germany under the Withdrawal Agreement before the 30 June 2021 deadline received the Aufenthaltsdokument-GB, a temporary residence document confirming their protected status. After five years of qualifying residence — as an employee, self-employed person, student, or economically inactive person with sufficient means — that temporary status can be converted to permanent residence, confirmed by the Daueraufenthaltsdokument-GB. Unlike the standard German settlement permit (Niederlassungserlaubnis), permanent residence under the Withdrawal Agreement does not require a German language test or an integration test.

The Withdrawal Agreement protections also extend to the qualifying family members of UK nationals covered by the Agreement. British nationals and their family members with questions about their status, their eligibility for permanent residence, or the effect of absences or changes in circumstances on their qualifying period should seek specialist advice. Full information is available on our dedicated page covering permanent residence in Germany after Brexit.