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Family reunification with EU citizens
On this page you will find all important information about family reunification with EU citizens in Germany.
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what requirements apply for family reunification with EU citizens
how the immigration authorities check the family partnership
Residence options after divorce or death of the EU citizen
what close relatives are and how they obtain a right of residence
1. Family reunification with non-German EU citizens
2. Requirements for family reunification with EU citizens
3. Proof of family life
4. Residence after divorce or death of the EU citizen
5. Other close relatives of Union citizens
6. FAQ
7. Conclusion
1. Family reunification with non-German EU citizens
EU citizens enjoy extensive rights in Germany due to European freedom of movement. This privilege is based on the Freedom of Movement Act/EU (FreizügG/EU) and applies not only to the EU citizens themselves but also to their family members . Thanks to this regulation, spouses, children, and other family members of EU citizens can reside and work in Germany without complicated visa procedures. The residence card for family members of EU citizens is generally easier to obtain and serves as proof of legal residence.
The relevant regulations for family reunification with EU citizens arise from the Freedom of Movement Act . However, it should be noted that the Freedom of Movement Act only applies to non-German EU citizens. Family reunification with German citizens therefore does not arise from the Freedom of Movement Act, but rather from the general provisions of the Residence Act (see Section 28 of the Residence Act: Family Reunification with German citizens ).
2. Requirements for family reunification with EU citizens
Family reunification with EU citizens is based on a derived right of residence that allows family members to reside in Germany. This right arises from the freedom of movement of EU citizens, which is intended to facilitate their economic and social activities within the EU.
Who is entitled to family reunification with EU citizens?
According to Section 3 of the Freedom of Movement Act/EU (FreizügG/EU), the following family members of an EU citizen entitled to freedom of movement can join them. A legal definition of family members can be found in Section 1 Paragraph 2 of the FreizügG/EU. Accordingly, family members within the meaning of the freedom of movement law are the following persons:
the spouse,
the life partner,
the direct descendants of the person or of the spouse or civil partner who have not yet reached the age of 21 or who are supported by them, and
the relatives in the direct ascending line of the person or of the spouse or civil partner who are supported by them.
The right of residence of a family member of an EU citizen is generally linked to the EU citizen's right of freedom of movement . This means that the EU citizen must actually exercise their right of residence in Germany (e.g., through employment or sufficient means of subsistence) and that the family must be living together – a purely practical partnership or a marriage of convenience does not constitute a right of residence.
3. Proof of family life
The existence of a family partnership is usually examined by the immigration authorities using the following indicators:
Joint main residence in Germany
Actual coexistence in everyday life
Economic dependence (for children over 21 years of age or parents)
In special cases—e.g., separation due to work or stay in a nursing home—separate living arrangements may be acceptable. If there are reasonable doubts about the family unit, the immigration authorities may conduct a more in-depth review.
4. Residence after divorce or death of the EU citizen
Divorce or annulment of a marriage with an EU citizen poses a significant challenge for third-country nationals, particularly with regard to their right of residence in Germany. While a residence permit under the Residence Act (AufenthG) is often tied to the continued existence of the marital partnership, the Freedom of Movement Act/EU (FreizügG/EU) allows for continued residence rights under certain conditions.
When does the right of residence remain after the divorce?
Third-country national spouses of EU citizens do not automatically lose their right of residence after a divorce if they meet certain requirements under Section 3 (5) of the Free Movement Act/EU. This is particularly the case if:
the marriage lasted at least three years , of which at least one year was in Germany, before the divorce proceedings were initiated or
the third-country national spouse has been granted custody of a child they have together or has a right of access that can only be exercised in Germany or
there is particular hardship , e.g. due to domestic violence or other serious personal circumstances.
If one of these criteria applies in your case, you can stay in Germany with your own right of residence even after your divorce from the EU citizen (provided the other requirements are also met).
5. Other close relatives of Union citizens
Another special feature of family reunification with EU citizens is that (in contrast to the normal right of residence) family reunification of “ closely related persons ” is also possible (§ 3a FreizügG/EU).
What are close relatives?
According to Section 1 Paragraph 2 No. 4 FreizügG/EU, related persons
Relatives within the meaning of the German Civil Code (BGB),
unmarried children who have not yet reached the age of 18, are under the guardianship of or in a foster child relationship with the person
a life partner with whom the person has credibly demonstrated a long-term relationship that does not allow for any further life partnership of the same kind and both partners are not married.
In addition to determining whether the person is a close relative, the applicant's means of subsistence must also be assessed (see the reference in Section 11 (5) of the FreizügG/EU to Section 5 of the AufenthG). It must also be noted that the right of residence does not exist by virtue of EU law, but is granted after application based on a discretionary decision . Thus, while family reunification with EU citizens is automatically valid (so-called declaratory effect), this right must first be granted by the authorities for close relatives of EU citizens (so-called constitutive effect ).
6. FAQ
Are family members of EU citizens allowed to work?
Yes, family members of EU citizens entitled to freedom of movement may work without a separate permit (Article 23 of the Free Movement Directive).
Does the Freedom of Movement Act also apply to family members of Germans?
No. Although Germans are also EU citizens, the Freedom of Movement Act does not apply to them. Family reunification with Germans is governed by the Residence Act.
What happens if the EU citizen leaves Germany?
The derived right of residence of a third-country national spouse expires if the EU citizen leaves Germany, unless one of the above-mentioned conditions is met. However, the European Court of Justice (ECJ, Case C-218/14 – Singh) has ruled that, under certain circumstances, the third-country national spouse may obtain a new right of residence if the EU citizen later returns to Germany.
How can residency be secured after divorce?
If an extension under the freedom of movement law is not possible, an independent residence permit under Section 31 of the Residence Act may be considered. This includes, among other requirements, that the marriage lasted at least three years and that the spouse held a residence permit under the Residence Act during this time.
7. Conclusion
Family reunification with EU citizens is governed by the Freedom of Movement Act/EU (FreizügG/EU) and allows third-country national family members (especially spouses, children, and parents) to reside in Germany without a visa requirement (Section 3 of the FreizügG/EU). This requires that the primary EU citizen is entitled to freedom of movement and that the family is actually living together. Even after divorce or the death of the EU citizen, the right of residence remains valid, provided, for example, that the marriage lasted for three years or that the couple had custody/visitation rights for a shared child (Section 3 (5) FreizügG/EU). For close relatives (e.g., life partners), a discretionary residence permit can be granted under Section 3a FreizügG/EU.
List of Sources (Paywall)
[1] Thomas Oberhäuser in NK-AuslR, 2nd edition 2016, Freedom of Movement Act/EU
[3] Administrative instructions for residence in Berlin (VAB), as of 18.02.2025, FreizügG/EU
[4] Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Free Movement Directive)
[5] Law on the general freedom of movement of Union citizens (Freedom of Movement Act/EU - FreizügG/EU) of 30 July 2004 (Federal Law Gazette I p. 1950, 1986), last amended by Article 4 of the Law of 21 February 2024 (Federal Law Gazette 2024 I No. 54)