EU Freedom of Movement (FreizügG/EU)

All information from a lawyer on European freedom of movement in Germany (EU Freedom of Movement Act).

Here you learn ...

... what European freedom of movement is

... what freedom of movement rights EU citizens have in Germany

... whether EU citizens are allowed to work in Germany

... how to acquire permanent EU residence permits

1. What is European freedom of movement?

2. Who is entitled to European freedom of movement?

3. What are EU citizens entitled to freedom of movement allowed to do in Germany?

3.1 Entry and residence of EU citizens in Germany

3.2 Work and self-employment of EU citizens in Germany

3.3 Residence for job search purposes for EU citizens

3.4 Social benefits for EU citizens in Germany

4. Permanent residence in the EU

5. Loss of the right to freedom of movement

6. FAQ (Freedom of Movement Rights/Freedom of Movement Act/EU)

7. Conclusion

1. What is European freedom of movement?

European freedom of movement is one of the most fundamental principles of the European Union (EU). The freedom of movement rights are intended to connect European countries by removing barriers between member states and allowing European citizens to travel freely between all European countries ( abolition of internal borders ).

The following freedom of movement rights exist:

Freedom of movement: freedom of movement of all European citizens within the EU (Article 45 et seq. TFEU/ex-Article 39 et seq. EC Treaty),
Freedom of movement for workers: the right of all workers to work within the EU and to travel and reside in another country for work purposes (Articles 45 - 48 TFEU, ex-Articles 39 - 42 EC),
Freedom of establishment: right to settle in other states and to set up a business there (Article 49 et seq. TFEU/ex-Article 43 et seq. EC Treaty),
Freedom to provide services: Right to provide services (active freedom to provide services) or to receive services (passive freedom to provide services) in other EU countries (Articles 56 - 62 TFEU, ex-Articles 49 - 55 EC),
free movement of capital and payments (Articles 63 - 66 TFEU; ex-Articles 56 - 59 EC).

In summary, European freedom of movement means above all that European citizens can travel, work and settle freely within the EU. Decisions by the administrative authorities of the Member States that contradict this right are unlawful and can be overturned by the European Court of Justice or the national courts.

2. Who is entitled to European freedom of movement?

European freedom of movement rights apply in principle to all EU citizens (i.e. people who have the nationality of another Member State ) and to their family members (family reunification with EU citizens).

However, the freedom of movement of EU citizens in Germany is subject to the following conditions according to Section 2 FreizügG/EU:

European workers must have a job in Germany (Section 2 Paragraph 2 No. 1 FreizügG/EU),
Self-employed persons and freelancers must pursue a corresponding self-employed activity and (if necessary) have the appropriate permits (Section 2 Paragraph 2 No. 2 FreizügG/EU)
Job seekers must actually look for a job and may initially only stay in Germany for 6 months (Section 2 Paragraph 2 No. 1a FreizügG/EU),
Unemployed persons and students must have adequate health insurance coverage and sufficient financial means to secure their livelihood (§ 4 FreizügG/EU),
Family members under the conditions of family reunification with EU citizens (§§ 3, 3a FreizügG/EU).

However, whether the relevant requirements for EU citizens are met is not checked at the border, but only within Germany when a relevant reason arises. In this respect, for example, EU citizens do not have to prove their status to the immigration authorities, but only to the relevant authorities when applying for certain benefits or permits. EU citizens are also not issued with a corresponding certificate confirming that they have the right to freedom of movement; the right to freedom of movement simply exists without the immigration authorities issuing a residence permit, for example (except in the case of family reunification with EU citizens).

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Do the freedom of movement rights of EU citizens also apply to British nationals (Brexit migration law)?

Since Brexit, the freedom of movement rights no longer apply to citizens of the United Kingdom. Nevertheless, the Brexit agreements contain special provisions that enabled British citizens to continue to benefit from the freedom of movement rights in Germany until the end of the transition period on December 31, 2020. A corresponding application was not necessary for this, as the right of residence was certified by the so-called "GB residence document". This special regulation enabled a seamless transition phase for British citizens.

From 2021, the freedom of movement rights for British nationals and their family members will no longer apply. Residence cards and permanent residence cards will be confiscated, and residence in Germany will be governed by the provisions of the Residence Act from then on. Despite these restrictions, British nationals continue to enjoy certain privileges , including visa-free entry (Visa Regulation) and the possibility of applying for a residence permit directly in Germany (Section 41 of the Residence Regulation).

In addition, British nationals benefit from simplified settlement conditions in accordance with Section 26 of the Employment Ordinance (BeschV). This regulation enables faster and more straightforward integration into the German labor market. In addition, the Brexit agreement allows British nationals to carry out various business activities in Germany without the otherwise required work permit (see Articles 140 ff. of the Trade and Cooperation Agreement between the EU and the United Kingdom).

Despite the end of freedom of movement, the special legal status of British citizens offers numerous benefits that go beyond the regulations for third-country nationals. These privileges ensure a certain degree of continuity and make it easier to both reside and work in Germany. Nevertheless, Brexit remains a turning point in European-British migration law, which has fundamentally changed the legal framework for British citizens in the EU.

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3. What are people entitled to freedom of movement allowed to do in Germany?

3.1 Entry and residence of EU citizens in Germany

EU citizens who are entitled to freedom of movement have special rights in Germany. In particular, they can enter Germany without a visa and do not require a residence permit to stay in Germany (Section 2a, Paragraph 1 of the Freedom of Movement Act/EU). In contrast to other third-country nationals, EU citizens can also receive certain social benefits in Germany (see below).

3.2 Work and self-employment of EU citizens in Germany

In contrast to third-country nationals, EU citizens are privileged in Germany under labor law, as they do not need a work permit . However, this only applies if there is a corresponding employment relationship, which is to be defined as work. According to the TFEU, every EU citizen is an employee who actually carries out dependent employment aimed at earning an income, provided that this activity is not completely subordinate. According to case law, in any case, work of 10-12 hours per week (see ECJ ruling of June 3, 1986 in Kempf, case no. 139/85) or a mini-job with a minimum salary of 280 euros per month is carried out (LSG NRW, L 20 B 184/07 AS ER). In any case, 10 hours per month spread over two days (BSG B 4 AS 2/21 R) or a salary of only 120 euros (LSG BBG L 5 AS 880/13 ER, April 24, 2023) are not sufficient to be considered an employee. If you carry out employment to the extent mentioned, you are considered an employee and can stay in Germany to work without any problems.

3.3 Residence for job-seeking purposes for EU citizens

The freedom of movement of workers also applies to applying for jobs. EU citizens can stay in Germany for a period of up to 6 months to look for work (ECJ, judgment of 26.02.1991 - C-292/89 (Antonissen)). Under certain circumstances, this period can be extended (e.g. in the case of pregnancy, childcare, illness or if a specific job offer already exists). This applies in any case as long as it can be proven that a job is actually being sought (Article 14 Paragraph 4 No. b of the Union Directive).

3.4 Social benefits for EU citizens in Germany

In principle, foreigners in Germany are not allowed to receive social benefits from the government (or only under certain conditions). However, this does not apply to European citizens. Europeans can also receive social benefits in Germany as normal (Section 7 of the Social Code II). However, EU citizens must be employed or self-employed for the first three months of their stay.

When can EU citizens receive social benefits?

EU citizens can receive social benefits if they are temporarily unable to work (e.g. due to illness or an accident) or if they have lost their job involuntarily (e.g. due to dismissal). If you have been working for more than a year, you can receive social benefits indefinitely. If you have been working for less than a year, you can only receive benefits for 6 months. To receive benefits, EU citizens must have their unemployment confirmed by the relevant Federal Employment Agency.

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4. Permanent residence permit for EU citizens

EU citizens and their family members can acquire a permanent right of residence in order to stay permanently in Germany. The EU permanent right of residence (Section 4a of the Freedom of Movement Act/EU) should not be confused with the EU permanent residence permit (Section 9a of the Residence Act) . While the EU permanent residence permit is merely a national residence permit for third-country nationals based on European law (Permanent Residence Directive/Directive 2003/109/EC), the permanent right of residence under the Freedom of Movement Act is a right of residence for EU citizens.

The right of permanent residence for EU citizens has the advantage that EU citizens can stay in Germany without having to meet the freedom of movement requirements. This is relevant, for example, for unemployed EU citizens, as they can normally only stay in Germany for up to 6 months (Section 2 Paragraph 2 No. 5 FreizügG/EU). As a permanent resident, this limit does not apply. The right of permanent residence can also be important for third-country national family members of the EU citizen. In this respect, they can also stay in Germany with the right of permanent residence, for example, if the marriage is divorced, whereas a residence permit would normally be required for this.

The EU permanent right of residence is acquired when the EU citizen or family member has been residing legally in Germany for 5 years (Section 4a of the EU Freedom of Movement Act). Under certain circumstances, the period can be reduced to three years (Section 4a, Paragraph 2 of the EU Freedom of Movement Act). Once the appropriate period of residence has been reached, an application can be submitted to the immigration authorities. The immigration authorities will then certify that the EU citizen or his family members have acquired the EU permanent right of residence (Section 5, Paragraph 5 of the EU Freedom of Movement Act).

5. Loss of the right to freedom of movement

Once EU citizens and their family members have acquired the right to freedom of movement, this right can be withdrawn. In this respect, the immigration authorities can withdraw the certificate of permanent residence or the residence card or permanent residence card in accordance with Section 6 Paragraph 1 of the Freedom of Movement Act/EU if the requirements for the right to freedom of movement no longer apply (Section 5 Paragraph 4 of the Freedom of Movement Act/EU) or if there is a threat to public safety (Section 6 Paragraph 1 of the Freedom of Movement Act/EU). However, whether this is the case can only be checked on “special grounds” (Section 5 Paragraph 3 of the Freedom of Movement Act/EU).

If you are at risk of losing your right to freedom of movement, it is advisable to hire a lawyer specializing in migration law.

6. FAQ (EU freedom of movement law)

What does European freedom of movement mean?

Freedom of movement is a fundamental European right that applies to every European. The freedoms resulting from the European treaties allow EU citizens visa-free entry and residence without the need for a permit, which is essentially unlimited in time (Article 21 TFEU). The prerequisite for this (for stays of three months or more) is health insurance and a secure livelihood (Article 7(1) of the EU Directive).

When are EU citizens entitled to freedom of movement?

The right of freedom of movement for Union citizens does not always exist, but only under the following conditions:

EU citizen is employed or undergoing training,
EU citizen looking for a job,
EU citizens are self-employed or provide services,
EU citizens are recipients of services,
Family members of EU citizens under certain conditions.

EU citizens who are unemployed can only stay in Germany if they can support themselves.

What special rights exist for those entitled to freedom of movement?

EU citizenship is a very good status under immigration law, as the Freedom of Movement Act (FreizügG/EU) and the European treaties grant a wide range of privileges. The following benefits apply to EU citizens:

no residence permit needs to be applied for,
visa-free entry possible,
facilitated family reunification,
facilitated permanent residence possible,
preferential processing in administrative procedures (e.g. preferential appointments)

Do EU citizens need a visa to enter and travel within the EU?

No, EU citizens do not need a visa to enter the country and do not need a residence permit to stay (Section 2a of the Free Movement Act/EU).

Are EU citizens allowed to work in Germany?

Yes, every EU citizen can work in Germany without the need for a permit.

Are Europeans allowed to work as self-employed people in Germany?

Yes, EU citizens can also be self-employed in Germany without a permit (freedom of establishment). Freedom of establishment applies when an economic activity is actually carried out for an indefinite period of time through a permanent establishment. However, the activity must actually be carried out; purely formal business registration and tax registration are not sufficient.

As a European, am I allowed to offer services in Germany?

Yes, the provision of services in Germany is also covered by the European freedom to provide services.

As a European, am I allowed to employ third-country nationals to offer their services in Germany?

Yes, the posting of third-country nationals to Germany is also covered by the freedom to provide services (Section 2 Paragraph 2 No. 3 FreizügG/EU; so-called “Vander-Elst visa”).

Are there residence cards for EU citizens?

No, there is no longer a residence card for EU citizens. Until 2013, there was still a certificate of freedom of movement for EU citizens, but this was abolished. Such a certificate is generally not necessary, since the freedom of movement card is declaratory and not constitutive.

Is there EU citizenship?

No, there is no such thing as EU citizenship in the strict sense. Union citizens are generally defined as people who hold the nationality of an EU member state.

How do I obtain EU freedom of movement?

You obtain the rights of freedom of movement within the EU either by becoming an EU citizen (i.e. by accepting the citizenship of an EU country) or by marrying an EU citizen and moving to join them (Section 3 of the Freedom of Movement Act/EU).

Which EU citizenship is easiest to obtain?

The easiest way to obtain Portuguese citizenship is probably Portuguese. Portugal allows naturalization with a "Golden Visa" or an investment visa.

Where is it quickest to get married within the EU?

Typically, it's quickest and easiest to get married in Denmark. Under certain circumstances, it's even possible to get married online.

Can I travel within the EU with an identity card or do I need a passport?

For stays of up to 3 months, you can travel within the EU with your identity card (Section 2a Paragraph 1 FreizügG/EU).

As an EU citizen, do I have to leave Germany if my passport becomes invalid?

No. While third-country nationals must always possess a valid passport (Section 3 of the Residence Act), this does not apply to EU citizens (Section 6 (7) of the Freedom of Movement Act/EU).

Does the Freedom of Movement Act also apply to family reunification with Germans?

Although Germans are also EU citizens, the Freedom of Movement Act still does not apply to them. Family reunification with German citizens is therefore subject to the Residence Act (so-called discrimination against nationals). The only exceptions are so-called "return cases" (Section 12a of the Freedom of Movement Act/EU), for those working across borders, and for dual nationals. It is also possible to exercise the freedom of movement right "indirectly," for example, by registering in another country in order to obtain EU residency there.

In which legal sources is the right to freedom of movement regulated?

EU freedom of movement law is regulated in the following legal sources:

Treaty on the Functioning of the European Union (TFEU; ex EC Treaty),
Union Citizenship Directive or Free Movement Directive (Directive 2004/38/EC),
Freedom of Movement Act/EU (FreizügG/EU),
general administrative provisions for the FreizügG/EU
Decrees and instructions on the FreizügG/EU and technical instructions of the BA on Section 7 SGB III,
Residence Act, insofar as it is more favourable than the EU Freedom of Movement Act (most-favoured nation principle, Section 11 Paragraph 14 of the EU Freedom of Movement Act).

What is the most-favored-nation principle (FreizügG/EU)?

According to the most-favored-nation principle, EU citizens are always granted the law that best supports their residence (Section 11, Paragraph 14 of the FreizügG/EU). This is usually the Freedom of Movement Act, but exceptions may apply, for example, to European skilled workers who can obtain a settlement permit more quickly under the Residence Act than under the Freedom of Movement Act.

7. Conclusion

European freedom of movement is a central fundamental right within the European Union and allows EU citizens to freely reside, work, become self-employed, or seek employment in Germany without a visa. It does not require a residence permit and is immediately valid due to membership in an EU member state. The specific rights—for example, regarding entry, employment, self-employment, family reunification, and the use of social benefits—are regulated by the EU Freedom of Movement Act. For permanent residence in Germany, EU citizens can obtain a permanent residence permit after five years of legal residence, which grants them a secure status even without continuing to meet the requirements for freedom of movement.