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Freedom of movement certificate Germany
EU citizens' certificate of freedom of movement for residence in Germany.
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what a freedom of movement certificate is
who receives the freedom of movement certificate
Difference between freedom of movement certificate and residence card
Freedom of movement certificate in Berlin
1. What is a certificate of freedom of movement?
2. Legal background of the freedom of movement certificate
3. Difference between freedom of movement certificate and residence card
4. Proof of right of freedom of movement
5. FAQ
6. Conclusion
1. What is a certificate of freedom of movement?
The Freedom of Movement Certificate is an official confirmation for EU and EEA citizens of their right of residence in Germany. It primarily serves to prove to employers or authorities that one is legally residing in Germany. It is not a residence permit, but merely a declaratory confirmation of existing rights —a document that certifies the legality of one's residence.
However, most immigration authorities in Germany no longer issue the certificate of freedom of movement. The reason for this was to reduce bureaucratic hurdles, as EU citizens do not require a residence document to stay or work in Germany anyway. Nevertheless, in practice, the perception often persists that an official document is necessary to stay and work in Germany. This misunderstanding can lead to uncertainty, especially among employers, landlords, and authorities.
2. Legal background of the freedom of movement certificate
The legal basis for the freedom of movement certificate was Section 5 (1) of the FreizügG/EU (old version ), supplemented by Section 12 for EEA states. However, there was no obligation to issue it at the European level—in particular, not based on the EU Free Movement Directive (Article 8 of Directive 2004/38/EC) . Rather, issuing it in Germany was a voluntary bureaucratic procedure that served as proof of registration for EU citizens .
Today, EU and EEA citizens do not require special registration with the immigration authorities; they must simply fulfill their registration obligation for their residence ( Section 17 of the Federal Act on the Federal Residence Act ). A simple registration confirmation is sufficient as proof of residence. Only in exceptional cases, such as for submission in the case of family reunification or in the process of determining loss of residence, does proof of residence still play a role – in these cases, a certificate from the registration authority is generally sufficient.
3. Difference between freedom of movement certificate and residence card
The freedom of movement certificate was intended only for EU citizens and equivalent EEA nationals. It did not apply to third-country family members of EU citizens—e.g., spouses from non-EU countries. Instead, they receive (and still do today) a so-called residence card pursuant to Section 5 of the EU Freedom of Movement Act, which they can use to prove their derived residence in Germany.
Important: While the freedom of movement certificate has been abolished without replacement, the residence card still exists. It is mandatory if family members from third countries wish to invoke the EU citizen's right of freedom of movement . The card is issued upon application by the immigration authorities and looks like a regular residence permit . However, the residence card (like the abolished freedom of movement certificate) is only declaratory and not constitutive like a residence permit for foreigners under the Residence Act.
4. Proof of the right of freedom of movement without a certificate
Although there is no longer a certificate of freedom of movement, in practice, EU citizens can prove their right to freedom of movement in other ways. Legally speaking, a valid identity card or passport proving EU citizenship is sufficient in many cases. A current registration certificate can also be helpful—especially for authorities, banks, or landlords who require formal proof of residence.
In Berlin – as well as nationwide – a certificate confirming the right to freedom of movement is no longer issued . The Berlin State Office for Immigration (LEA) only issues such certificates for EU citizens in exceptional cases. This has no negative impact on the legal status of EU citizens. Should employers or authorities require proof of the right to freedom of movement, one can simply submit one's passport .
5. FAQ on the freedom of movement certificate
As an EU citizen, do I need a certificate of freedom of movement to be able to work in Germany?
No. As an EU citizen, you automatically have the right to live and work in Germany. Separate proof such as a certificate of freedom of movement is not required.
What is the difference between a certificate of freedom of movement and a residence card?
The residence card is issued to family members of EU citizens as proof of their freedom of movement rights as a family member. The freedom of movement certificate, on the other hand, was issued directly to EU citizens until it was abolished. The residence card still exists today.
Where can I apply for a residence card as a third-country national?
Third-country nationals and family members of EU citizens apply for a residence card at the relevant immigration authority. In Berlin, this is handled centrally by the State Office for Immigration (LEA).
6. Conclusion on the freedom of movement certificate
The certificate of freedom of movement was proof of the existence of freedom of movement rights in Germany. However, the certificate of freedom of movement is no longer relevant in Germany, as it was abolished in 2013. EU citizens do not require registration with the immigration authorities or a separate residence document to stay in Germany. The right of freedom of movement applies by virtue of EU law. Therefore, EU citizens only need to register their residence, like any other citizen in Germany (Section 17 of the Federal Act on the Residence Act). Nevertheless, misunderstandings often arise – especially in dealings with landlords, authorities, or employers. VISAGUARD helps to understand existing rights, clarify misunderstandings, and provide the necessary proof in the correct way.
List of Sources (Paywall)
[1] Thomas Oberhäuser in NK-AuslR, 2nd edition 2016, Freedom of Movement Act/EU
[2] Regarding the right of entry of family members of EU citizens, see ECJ case MRAX, judgment of 25 July 2002, C-459/99
[5] Administrative instructions for residence in Berlin (VAB), as of 18.02.2025, FreizügG/EU