Residence title for EU foreigners?

Which rights and duties do employees from EU states have in Germany concerning their residence?

Right of residence

Which regulations concerning residence title and registration apply for EU citizens, who wish to work in Germany?

According to the freedom of movement EU citizens may enter Germany without any visa, if they possess a valid passport or identity card.

An EU citizen, who moves to Germany and resides there, has to register with the registration office of the place of residence in Germany. For this, the regulations on registration of the particular federal state apply. The registration office passes the registration data on to the Foreigners’ Registration Office.

The Foreigners’ Registration Office automatically issues a certificate on the residence title to EU citizens - no request is necessary. This certificate documents the right of residence of the EU foreigner. It is no precondition for the stay in Germany.

On demand of the Foreigners’ Registration Office, evidence of the conditions granting the right of freedom of movement has to be provided. This can be done, for example by presentation of the work contract.

To save the double trip to the administrative office, one can turn in a copy of the work contract already at the registration office. The office then passes it on to the Foreigners‘ Registration Office.

Family members: children and wife or husband

How is the legal situation of family members of EU citizens, who work in Germany?

EU citizens, who work in Germany can bring along their spouse and relatives in descending order (thus e.g. children and grandchildren), who are younger than 21 years. Also the subsequent immigration of spouse or children is possible at any time.

Spouse and children or grandchildren under the age of 21 may be non-working. The EU citizen does not even have to prove that he is capable of the personal resources for their support.

Relatives in descending order, aged over 21 and relatives in ascending order, e.g. parents or grandparents, are only allowed to move to Germany, if the EU citizen or his or her spouse can support them.

Any other relatives are granted a residence title in Germany in exceptional cases only, for example, if by that extreme hardship can be avoided.

If the family members of the EU citizen, working in Germany, are no EU citizens themselves, a visa might be necessary to enter Germany according to the circumstances as depending on the country of origin.

Non – EU family members of EU citizens receive a residence card within six months to prove their residence title. For this, a valid passport or alternative identity card is required and they have to prove that they are a family member of an EU citizen that lives in Germany or enter Germany in their company. Registered partners who are not citizens of an EU country can also move to their partners to Germany. To them the same terms of the Residence Act apply as for the move to a German registered partner.

Family members with residence title of EU citizens working in Germany have the right to employment or self-employment in Germany.

Of course, family members, who are EU citizens themselves, enjoy an independent right of freedom of movement in addition to their rights as a family member.