By Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht) (Rechtsanwaltskammer Düsseldorf)
The Freedom of Movement Act/EU (Freizügigkeitsgesetz/EU) applies to EU citizens and their family members and to further groups. We examine in your case whether you are covered and whether a determination of the loss of your right of free movement is imminent.
At a glance
The further groups covered by the act include, for example, persons with close ties who may be granted the right of entry and residence upon application. Special preferential treatment with regard to the right of residence applies to family members of an EU citizen who are third-country nationals. We clarify at the beginning of the consultation whether the Freedom of Movement Act/EU or general immigration law applies to you.
If you as an EU citizen have resided continuously and lawfully in Germany for five years, you acquire the right of permanent residence under § 4a Abs. 1 FreizügG/EU, irrespective of whether the requirements for free movement continue to be met. Your family members who are not EU citizens acquire the right of permanent residence if they have resided continuously and lawfully in Germany together with you for five years. Contrary to what is often assumed, the right of permanent residence can cease to exist once it has been acquired. An absence of more than two consecutive years for a reason that is by its nature not merely temporary leads to the loss of that right (§ 4a Abs. 7 FreizügG/EU), and the Ausländerbehörde (immigration authority) may determine that loss. Upon application, EU citizens receive a certificate of the right of permanent residence, and family members entitled to permanent residence who are not EU citizens receive a permanent residence card upon application. We are glad to discuss with you whether naturalization can follow the right of permanent residence and how it differs from the settlement permit (Niederlassungserlaubnis).
The immigration authority may determine the loss of the right of free movement if, within five years of the establishment of continuous lawful residence, the requirements for that right have ceased to exist or are not met. If it is established that the person concerned has feigned the existence of a requirement for that right by means of forged or falsified documents or by misrepresenting facts, the authority may also determine that the right does not exist. Irrespective of this, the authority may determine the loss under § 6 FreizügG/EU on grounds of public policy, public security, or public health. This provision does not permit any other grounds.
Contrary to a widespread assumption, a criminal conviction alone is not sufficient to justify a determination under § 6. Rather, there must be a genuine and sufficiently serious threat that affects a fundamental interest of society. After the right of permanent residence has been acquired, such a determination may be made only on serious grounds. If your residence during the last ten years has been in Germany, such a determination may be made only on imperative grounds of public security.
If the loss or the non-existence of the right is determined, you are required to leave the country under § 7 Abs. 1 FreizügG/EU. The decision notice should contain a threat of deportation and set a time limit for departure. Except in urgent cases, this time limit must be at least one month. If an application for interim relief is filed under § 80 Abs. 5 of the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung), the deportation may not be carried out before a decision has been made on the application. We represent you in such proceedings.
Whether and for how long the right of free movement exists often depends on the status of economic activity. Whether EU citizens have access to social benefits under SGB II or SGB XII depends decisively on the grounds for exclusion in these two acts. We examine separately in your individual case whether you are entitled to benefits.
Special privileges apply to the family reunification of EU citizens, even if the relatives come from a third country. If you are entitled to free movement in Germany as an employee or a self-employed person, your family members have the right of entry and residence under § 3 Abs. 1 FreizügG/EU, provided that they accompany you or join you. If, on the other hand, you are entitled to free movement as an EU citizen who is not economically active, reunification requires adequate health insurance cover and sufficient means of subsistence, and if, in that case, you are staying in Germany as a student, only certain relatives have the right of entry and residence. It is often overlooked that relatives who are not EU citizens in principle need a visa for entry, although no fees are charged for its issuance. We are glad to clarify with you whether your relatives are family members within the meaning of the act.
No. As an EU citizen you need no visa for entry and no residence title for your stay (§ 2a Abs. 1 Satz 1 FreizügG/EU). For a stay of up to three months, a valid identity card or passport is sufficient. However, the immigration authority may, three months after entry, require you to credibly demonstrate that the requirements of the right of free movement are met (§ 5 Abs. 2 Satz 1 FreizügG/EU).
If you lose your job involuntarily after more than one year of activity and the competent Agentur für Arbeit (employment agency) confirms the unemployment, your right of entry and residence remains unaffected (§ 2 Abs. 3 FreizügG/EU). In the case of involuntary unemployment confirmed by the competent employment agency after less than one year of employment, the right remains unaffected for a period of six months. If you had to cease self-employment after more than one year as a result of circumstances beyond your control, the right likewise remains unaffected. The same applies in the case of temporary incapacity for work as a result of illness or accident and in further cases regulated by law. In order to seek work you have the right of free movement for up to six months, and beyond that only as long as you can prove that you are still seeking work and have a reasonable prospect of being hired (§ 2 Abs. 2 Nr. 1a FreizügG/EU). If your right of residence is based solely on seeking work, you may be excluded from benefits under SGB II and SGB XII. We are glad to examine what applies in your case.
If you are entitled to free movement in Germany as an employee or a self-employed person, your family members have the right of entry and residence if they accompany you or join you (§ 3 Abs. 1 FreizügG/EU). If, on the other hand, you are entitled to free movement as an EU citizen who is not economically active, reunification requires adequate health insurance cover and sufficient means of subsistence, and if, in that case, you are staying in Germany as a student, only certain relatives have the right of entry and residence. It is often overlooked that relatives who are not EU citizens in principle need a visa for entry, although no fees are charged for its issuance. We are glad to discuss with you whether your relatives are covered.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
