European Immigration Law

Lawyer: Overview page on immigration and visa law within the European Union (EU) and in Germany.

About this Page

European migration and visa law forms the foundation for the freedom of movement, work permits, and residence rights of EU citizens and third-country nationals in Germany. On this page, you will find a comprehensive collection of our VISAGUARD guides, which clearly explain the complex interplay of European law, national regulations, and Schengen rules. Learn everything about your legal rights, important control systems such as the EES and ETIAS, and the enforcement of freedom of movement rights. Our specialized immigration lawyers are available to provide expert support in complex proceedings before authorities or European courts.

Table of Contents

1. Common cases in European freedom of movement law

2. Greatest dangers in European freedom of movement law

3. VISAGUARD Lawyers for European Migration

4. FAQs and online resources on European freedom of movement

1. Common cases in European freedom of movement law

From a lawyer's perspective, these are the most common cases in European freedom of movement law:

Application for residence permits: Problems with the immigration office when obtaining a residence permit
Permanent residence permit: Difficulties in determining the requirements for permanent residence
Visa law and freedom of movement: Applying for a visa for third-country nationals with a European partner
Family reunification and freedom of movement: Application for residence permits for so-called “close relatives” under the Freedom of Movement Act
Work permit under EU law: Application for work permits for family members of EU citizens
Right of return and Article 21 TFEU: Difficulties with the authorities in so-called “return cases”
Residence arrangements: Expiration of the conditions for the right of free movement (e.g. due to a divorce)

2. Greatest dangers in European freedom of movement law

The European freedom of movement law promises boundless freedom within the EU – but the bureaucratic reality often looks quite different . Among the biggest risks for expats and companies are serious communication problems with authorities when applying for permanent residency. Without legally sound support, unclear official requirements quickly lead to massive delays. At the same time, many of those affected face enormous uncertainty regarding work permits: In particular, third-country nationals with freedom of movement rights often don't know the exact conditions under which they are allowed to work in the EU. VISAGUARD provides clarity here, resolves communication barriers with migration authorities, and reliably secures your residency status and work permit in other EU countries.

Besides residency status, cross-border work involves complex legal hurdles that can lead to chaos without expert assistance. For example, social security law regularly raises essential questions regarding health and pension insurance for EU-wide assignments. Another often underestimated risk is the Vander Elst issue: despite the freedom of employers to provide services, employees are frequently required to obtain a work visa unexpectedly.

Furthermore, applying for professional licenses for European citizens – such as doctors or lawyers – presents an enormous bureaucratic hurdle. With VISAGUARD, you can confidently navigate these legal obstacles within European freedom of movement law and ensure the smooth progress of your international career or business.

3. VISAGUARD Lawyers for European Migration

Seeking legal counsel specializing in freedom of movement law is particularly advisable when it is unclear whether the requirements for European freedom of movement are met or when difficulties arise in exercising freedom of movement rights . Early legal advice can also help avoid delays, rejections, and legal disadvantages when dealing with problems related to applying for a freedom of movement card, a residence card for family members, or acquiring permanent residence rights under European law.

The lawyers at VISAGUARD provide comprehensive advice and representation to clients in matters of European freedom of movement law and European law. We review your individual eligibility for freedom of movement, assist you with applications for freedom of movement and residence permits, as well as with applications for European long-term residence rights, and represent your interests before authorities and courts. With our specialization in migration law, we ensure that your freedom of movement rights are enforced legally and that your stay in Germany is protected to the best of our ability.

4. FAQ European rights/freedom of movement

What are the fundamental rights of EU citizens in Germany?

EU citizens in Germany enjoy the rights of the EU Charter of Fundamental Rights (EU-GRC), including freedom of movement, the right to work freely, residence and protection from discrimination.

How is freedom of movement regulated in practice?

The Freedom of Movement Act (FreizügG/EU) stipulates how EU citizens can live, work and obtain a freedom of movement certificate in Germany.

What role do the ECtHR and the ECJ play?

These courts ensure the enforcement of European legal standards. Specialized lawyers assist applicants in preparing, filing, and conducting the relevant proceedings.

When is legal advice advisable?

In complex cases, such as the expiry of freedom of movement, applications for freedom of movement certificates, questions concerning Union citizenship, or proceedings before the ECtHR and ECJ, professional legal advice is recommended.

Blog posts on European freedom of movement

Court rulings on the right of free movement

A right to freedom of movement does not constitute a residence permit that allows for family reunification within the meaning of the Residence Act (Administrative Court Leipzig, decision of 02.06.2021, 3 L 227/21).
Although the authorities may require a visa from third-country national family members of EU citizens, they may not prevent family members from entering the country if they still do not have a visa, due to the principle of freedom of movement (ECJ Case MRAX, Judgment of 25 July 2002, C-459/99).
The terms “accompanying” and “joining” within the meaning of the Freedom of Movement Act are to be interpreted broadly (ECJ, Judgment of 25 July 2008, Case C-127/08 - Metock).
Entry visas for third-country national family members of EU citizens do not require proof of sufficient means of subsistence or health insurance coverage (VG Berlin, judgment of 29.04.2019, case no. VG 28 K 554.18 V).
To acquire the right of permanent residence, continuous freedom of movement is required (ECJ, Judgment of 21.12.2011, Case C-424.10).
The right to freedom of movement does not expire automatically; rather, the expiry must be determined by the immigration authorities (VG Bremen, judgment of 19.12.2011, file no. 4 V 1528/11).
EU citizens can stay in Germany for up to 6 months to look for work (ECJ, Judgment of 26.02.1991 - C-292/89).
Article 20 TFEU obliges Member States to grant or recognize a right of residence under certain circumstances (Administrative Court Düsseldorf, judgment of 19 November 2020, 8 K 5232/19).