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Termination of freedom of movement (FreizügG/EU)
Everything about the expiration of freedom of movement rights in Germany.
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how the expiration of freedom of movement rights is regulated
when the EU right of freedom of movement expires
Prevent expiration of EU freedom of movement
Lawyer in case of expiration of EU freedom of movement
1. Termination of freedom of movement in Germany
2. Grounds for expiry of freedom of movement
3. Determination of the expiration of freedom of movement
4. Prevent the expiration of freedom of movement
5. FAQ Expiry of freedom of movement
6. Conclusion Expiration of freedom of movement
1. Termination of freedom of movement in Germany
The right to freedom of movement allows EU citizens to reside and work in Germany. However, this right is not unlimited: Under certain circumstances, it can be revoked . The legal basis for the revocation of freedom of movement is found in the Freedom of Movement Act/EU (FreizügG/EU) and the EU Free Movement Directive . The aim of these regulations is to ensure a fair and legally secure stay in Germany – and at the same time to prevent abuse.
The competent authorities can determine the expiration of freedom of movement if a stay is no longer lawful (see Section 6 of the EU Freedom of Movement Act ). Those affected lose their right of residence and can be ordered to leave the country. This procedure is advantageous for EU foreigners: While the residence permit of third-country nationals can expire by law (e.g., if they leave the country for more than six months), the expiration must first be determined by the authorities under freedom of movement law. Therefore, the expiration of a residence permit for EU citizens is relatively rare compared to the expiration of residence permits for third-country nationals.
2. Grounds for expiry of freedom of movement
The right to freedom of movement can expire for various reasons. A key case is the loss of the conditions that originally established the right to freedom of movement (see Section 2 of the Freedom of Movement Act/EU ) – for example, if a person gives up their employment and does not have sufficient means of subsistence to continue to be entitled to freedom of movement as a non-employed person. Freedom of movement can also expire for students or people who are in Germany solely to seek employment if the respective conditions are no longer met.
Furthermore, the right of freedom of movement for family members of EU citizens can end under certain circumstances, such as divorce or the termination of a registered partnership (see Section 3 of the Freedom of Movement Act/EU ). In this case, it often depends on whether an independent right of residence can be proven. In such cases, a thorough examination is carried out to determine whether a derived right of freedom of movement still exists or whether another right of residence exists.
3. Determination of the expiration of freedom of movement
However, the question of whether the immigration authorities can also determine the expiration of the right of freedom of movement must be distinguished from the grounds for expiration (see Section 6 of the Freedom of Movement Act/EU ). The loss of the right of freedom of movement can only be determined on grounds of public order, security or health. In making the decision, particular consideration must be given to the length of the person's stay in Germany, their age, state of health, family and economic situation, their social and cultural integration in Germany and the extent of their ties to their country of origin (Section 6 (3) of the Freedom of Movement Act/EU). If the passport, identity card or other passport substitute becomes invalid, this cannot justify the termination of residence.
Even the fact of a criminal conviction is not sufficient in itself to make a declaratory decision (Section 6 (2) of the Free Movement Act/EU). Only criminal convictions that have not yet been expunged from the Federal Central Register may be taken into account, and these convictions may only be taken into account to the extent that the underlying circumstances indicate personal conduct that constitutes a current threat to public order . There must be an actual and sufficiently serious threat that affects a fundamental interest of society.
4. Prevent the expiration of freedom of movement
The expiration of freedom of movement does not occur automatically , but must be determined by the responsible immigration authority. This authority issues a so-called determination notice, which can be challenged legally. In practice, those affected are often sent a hearing letter inviting them to submit a statement. Those who act early and provide a well-founded explanation of their legal position can often still influence the proceedings.
In many cases, the expiration of freedom of movement can be avoided – provided you react promptly. Anyone who receives a letter of hearing from the immigration authorities should definitely seek legal advice. Often, misunderstandings can be cleared up through specific evidence, supplementary statements, or the submission of additional documents. A specialized lawyer can also legally examine whether the determination of expiration is even permissible and proportionate.
5. FAQ Expiry of freedom of movement
When exactly does the right of freedom of movement expire?
It expires if the requirements of the Freedom of Movement Act/EU are no longer met – for example, if there is no gainful employment or a lack of secure livelihood. However, the right of freedom of movement does not expire automatically; it must be formally established by the authorities. A formal administrative act by the authorities is required.
Can I object to the declaration of expiration?
Yes. An appeal can be filed against the decision and a lawsuit can be filed. A temporary injunction to secure residence may also be possible under certain circumstances.
6. Conclusion Expiration of freedom of movement
The expiration of freedom of movement is a legally complex but not uncommon process. Especially for EU citizens living and working in Germany, it is crucial to know under what circumstances they risk losing their right of residence. Timely information and prudent action are the best protection. VISAGUARD supports you in preventing the expiration of your right of freedom of movement – with legal expertise and customized solutions. Our partner lawyers will help you protect your rights and legally secure your stay in Germany.
List of Sources (Paywall)
[1] Thomas Oberhäuser in NK-AuslR, 2nd edition 2016, Freedom of Movement Act/EU
[5] Administrative instructions for residence in Berlin (VAB), as of 18.02.2025, FreizügG/EU
EU Free Movement Directive (Directive 2004/38/EC)
[7] migrationsrecht.net, online commentary on the Freedom of Movement Act (FreizügG/EU)