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Residence of Swiss citizens in Germany
All information regarding the residence of Swiss citizens in Germany (Free Movement Agreement EU - Switzerland).
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Which visa laws apply to Swiss citizens in Germany?
Entry requirements for Swiss citizens
Everything about exemption for Swiss citizens entitled to freedom of movement
Legal information on the EU-Switzerland free movement agreement
1. Visa rules for Swiss citizens in Germany
2. Freedom of movement rights of Swiss citizens in the EU
3. Working in Germany as a Swiss citizen
4. Family reunification of Swiss nationals in Germany
5. FAQ Visa Law from Switzerland
6. Conclusion on visa law from Switzerland
1. Visa rules for Swiss citizens in Germany
Swiss citizens enjoy extensive freedom of movement rights in Germany, based on the Agreement on the Free Movement of Persons between the EU and Switzerland . This agreement, in force since 2002, grants Swiss citizens and their family members a right of entry and residence very similar to that of EU citizens . The corresponding regulations have been incorporated into German residence law in Section 28 of the Residence Ordinance (AufenthV) . It is important to note that the document Swiss citizens receive in Germany is purely declaratory – their residence is already legal by virtue of the agreement. Upon request, the document can also be issued as an electronic residence permit (eAT).
Although the agreement is not an original part of EU law, it is based on legal concepts developed by the EU , in particular the EU definition of "worker". At the same time, it is a static agreement: changes in EU law only apply to Switzerland if they are explicitly incorporated into the agreement. Since Directive 2004/38/EC on the free movement of persons has not yet been implemented, the older, now repealed directives formally remain in force. However, in administrative practice – including in Berlin – the more favorable provisions of Directive 2004/38/EC are regularly applied, so that Swiss nationals and their family members effectively benefit from modern, generous freedom of movement standards .
2. Freedom of movement rights of Swiss citizens in the EU
Swiss nationals with freedom of movement rights can, in principle, move and reside freely in Germany , similar to EU citizens. For the first three months after entry, they and their accompanying or joining family members enjoy an unconditional right of residence . Possession of a valid passport or identity card is sufficient; no further requirements exist. During this period, there is no entitlement to a residence permit or certificate, as the right of freedom of movement applies directly and no residence permit is necessary.
Only for stays exceeding three months must the requirements for freedom of movement be met. These include, in particular, sufficient means of subsistence , for example through employment as an employee, self-employed person, or freelancer, as well as comprehensive health insurance coverage . As soon as Swiss citizens credibly demonstrate that they meet these requirements, a document under the EU/Switzerland agreement can be issued to them at any time – even before the three-month period has expired. This facilitates the early clarification of their residency status and creates legal certainty for longer-term stays in Germany.
3. Working in Germany as a Swiss citizen
Swiss nationals can generally work in Germany and enjoy extensive freedom of movement rights . The EU-Switzerland Agreement, similar to EU law, distinguishes between employees, the self-employed, service providers, service recipients, and those not gainfully employed . Swiss nationals have all these rights under the EU-Switzerland Agreement on the Free Movement of Persons. Swiss workers also have a special right to freedom of movement for job seeking: they can search for work for up to six months after entering Germany or after losing a job without their means of subsistence being checked during this period. However, they are not entitled to social benefits under the German Social Code, Book II (SGB II) during this time.
Even during interruptions in employment, Swiss workers are not left without protection. The right to freedom of movement remains in effect, for example, in cases of temporary incapacity for work, involuntary unemployment, or when undertaking vocational training. Crucially, the unemployment must be confirmed by the employment agency and the Swiss citizen must remain available to the labor market . In such cases, the right to freedom of movement can continue for at least six months – and thus also the right of family members to move freely. If no new employment is taken up within this period, the authorities will examine whether another condition for freedom of movement applies. Otherwise, the right to freedom of movement may be revoked.
4. Family reunification of Swiss nationals in Germany
Swiss citizens and their family members enjoy special residency rights in Germany, derived from the agreement between the EU and Switzerland and the relevant freedom of movement regulations. Family members who are not themselves Swiss citizens generally require a visa, but may be exempt under certain conditions, such as if they are citizens of so-called "positive" countries (countries with special status). For the first three months after entry, Swiss citizens and their family members have a right of residence without any further requirements, requiring only registration with the relevant immigration authority . Only for stays exceeding three months do additional requirements, such as sufficient means of subsistence or health insurance, become relevant.
The derived right of residence for family members is closely tied to the Swiss citizen's right to freedom of movement and primarily serves to maintain family unity. The definition of family includes spouses, registered civil partners, and children and grandchildren up to the age of 21, provided they are financially supported. Parents and grandparents can also join the family under certain conditions. Special provisions apply in cases of separation, divorce, or death of the Swiss citizen: While the right of residence continues under certain conditions in the event of divorce or dissolution of a civil partnership, third-country nationals receive their right solely on a personal basis, which limits their protection against deportation . Same-sex couples are treated equally under the law.
5. FAQ Visa Law from Switzerland
Can unemployed Swiss citizens also reside in Germany?
Non-working Swiss citizens and their family members who accompany or join the non-working Swiss citizen have a right of free movement if they have sufficient health insurance coverage and sufficient means of subsistence.
Can Swiss citizens obtain their own residence permit in Germany?
Swiss citizens and their family members automatically receive a document under the EU-Swiss agreement. This document is not a residence permit as defined in Section 4 Paragraph 1 of the German Residence Act (AufenthG). Due to its purely declaratory nature, possession of this document is irrelevant for legal residence. The document is not an identity document and is only valid when presented together with a valid national passport or identity card. The document is issued only upon personal appearance at the immigration office.
Can Swiss citizens receive social benefits in Germany?
Swiss citizens and their family members generally have the right to the same treatment as Swiss nationals with regard to social benefits. The receipt of social assistance benefits by a Swiss citizen or one of their family members must not automatically lead to the determination of the loss of their right to freedom of movement.
6. Conclusion on visa law from Switzerland
Swiss citizens enjoy extensive freedom of movement rights in Germany, largely equivalent to those of EU citizens. The agreement between the EU and Switzerland guarantees them and their family members a direct right of residence, which is only subject to further requirements such as sufficient means of subsistence or health insurance in exceptional cases – for example, in the case of longer stays. Swiss employees and self-employed individuals also have special protective rights that cover periods of unemployment or career changes. Family reunification is clearly linked to the Swiss citizen's right of free movement and ensures family unity, encompassing spouses, children, grandchildren, and, under certain conditions, parents and grandparents. The residence permit issued under the agreement is purely declaratory but provides legal certainty and simplifies administration. Overall, Swiss citizens in Germany benefit from a modern, generous framework for freedom of movement that supports both employment and family life.
Further Information
List of Sources (Paywall)
[2] Agreement between the European Economic Community (EEC) and the Swiss Confederation of 22 July 1972 (OJ L 300, 31 December 1972, p. 189)
[3] Agreement between the Swiss Confederation and the European Economic Community. SR 0.632.401. Federal Chancellery, 1 January 1973, accessed on 17 July 2024
[5] Switzerland–EU in figures. Published by the State Secretariat for Foreign Affairs. August 2024