Freedom of movement for EU citizens
As a national of another member state of the European Union, the EEA (Iceland, Norway, Liechtenstein) and Switzerland, you can move freely throughout the EU,
- seek and take up employment (free movement of workers),
- work independently (freedom of establishment),
- offer cross-border services (free movement of services).
You can stay in Germany for an unlimited period of time even without taking up gainful employment if your livelihood is secure and you have health insurance (general right to move and reside).
A residence or work permit is not required for legal residence. For EU citizens and EEA citizens, registration with the registration office is sufficient. Swiss nationals still receive a declaratory certificate (residence permit-CH).
For the Family reunification with EU citizens is usually governed by the more generous EU law:
-
- Parents or grandparents can join you under certain conditions,
- an application can be submitted after entry and
- Proof of language skills is not required for the reunification of spouses.
These regulations only apply to family members of German nationals if they have previously exercised their right to freedom of movement in another member state. Family reunification under EU law may therefore be possible by moving to another EU country.
In the area of access to social benefits, as a citizen of the EU you are in principle entitled to equal treatment. You can only be excluded from JobCenter benefits if you do not have the right to freedom of movement or are only staying in Germany to look for work. As many questions in this area have not been conclusively clarified legally, legal advice is recommended.
If there is actually no right to freedom of movement, the immigration authority can determine the loss of the right to freedom of movement. As the JobCenters are obliged to notify benefit applications, legal advice is strongly recommended before applying for SBG II benefits.
Further information on freedom of movement and social benefits for EU citizens can be found in our script EU freedom of movement and public benefits for EU citizens.
Our specialist lawyer for migration law Sven Hasse will advise and represent you in this area.
