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 Freedom of movement in the EU
Citizens of European Union countries have the right to enter other EU states at any time and to remain there (freedom of movement) as well as to establish themselves there for purposes they themselves determine (freedom of establishment). Citizens of European Economic Area (EEA) states (Iceland, Liechtenstein and Norway) enjoy similar rights to EU-citizens with regard to freedom of movement. For the most part this also applies to Swiss nationals.
1. Citizens of Austria, Belgium, Denmark, Finland, France, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands Norway, Portugal, Sweden, Switzerland, Spain and the United Kingdom have an unlimited right to freedom of movement and are allowed to enter Germany:
- to work, whether self-employed or as an employed person
- as provider or receiver of services
- as a student, pensioner, or someone not in gainful employment
- as someone with a so-called right to remain
- to seek work and for the purposes vocational or professional training
They are entitled by law to a certificate confirming their freedom to remain in Germany, the so-called Freizügigkeitsbescheinigung, issued free of charge by the residents' registration office (Einwohnermeldeamt or Bürgeramt).
The rules on freedom of movement do not, however, apply to all citizens of the EU countries mentioned above in the same measure:
EU citizens not in gainful employment, pensioners and students only have the full right to freedom of movement if they also have sufficient means to cover their subsistence and adequate health insurance. Health insurance is regarded as adequate if it covers certain medical services. The sufficient means of subsistence must be available at the time of entry into the country.
Right of entry into the country by family members from third countries: In principle, these family members of EU citizens with a right to freedom of movement have a right of entry provided they take up residence together with them. Family members include: spouses, cohabitant and same-sex partners; relatives in the ascending or descending line of the person with the right to freedom of movement or their spouse, cohabitant or same-sex partner who are under 21 years old and who are maintained by them.
Family members of EU citizens who are not in gainful employment, students or pensioners may only enter the country to take up residence with them if they have sufficient means to cover their subsistence and adequate health insurance. In the case of students, family members' right of entry is restricted to spouses, cohabitant and same-sex partners and any dependent children they may have.
Provided that the family members from non-EU countries meet the above criteria and that they are living with the person entitled to freedom of movement, they will be granted an EU residence permit (Aufenthaltserlaubnis-EU).
2. Citizens of the countries which joined the European Union on 01 May 2005 (the Czech Republic Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) seeking to enter the Federal Republic of Germany and to remain here permanently, do not yet have the full right to freedom of movement. At present, citizens of these countries have the right to enter Germany and to remain here if they have sufficient means to cover their subsistence and adequate health insurance.
Citizens of these countries wishing to enter employment or provide services in Germany will be issued a certificate confirming their freedom to remain in Germany (Freizügigkeitsbescheinigung) only if they have either a work permit (Arbeitserlaubnis-EU) or the German employment office, the Agentur für Arbeit, confirms that their activity does not require a work permit. A number of restrictions still currently apply to certain occupations, so that often work permits will not be issued.
Full freedom of movement will probably be introduced for these persons by 2011 at the latest. Until then, citizens from these countries wishing to work in Germany will mainly have to rely on the possibility of self-employment.
The same conditions apply to their family members' right of entry as is the case for other EU citizens.
3. Social security issues
An EU citizen becoming unemployed after having worked in Germany, and who has made unemployment insurance contributions and satisfies the general criteria, may be entitled to unemployment benefit. Any period of insurance coverage in other EU countries will be credited.
A person coming to Germany looking for employment and who still had a right to unemployment benefit in his or her home country can claim unemployment benefit here for up to a maximum of three months.
EU law does not give citizens the general right to claim social security benefits (such as Arbeitslosengeld II). Those with a right to remain and persons employed in Germany can, however, claim to social security or supplementary benefits.
Moreover, those EU citizens with a right to remain or who are working in Germany are entitled to a number of social privileges, such as educational allowances, child benefits or rent subsidies subject to the same conditions as apply to German citizens.
The extent to which other EU citizens (those not in gainful employment, students, pensioners etc.) may claim these benefits, has to be established for the individual case by consultation with the agency responsible.
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