EU citizenship, freedom of movement and consular protection

We explain the EU-law opportunities opened by German nationality and which further requirements need clarification before moving or travelling. This can open up new opportunities to live, work or study in another EU country. Outside the Union, a diplomatic or consular representation of another Member State may also provide consular assistance under certain conditions. These rights are, however, governed by different rules: freedom of movement does not confer an unconditional right to permanent residence in every country, and consular protection is no guarantee that every problem abroad can be resolved.

Anyone who previously held the nationality of another Member State was already an EU citizen. German naturalisation does not then confer all freedom of movement rights for the first time. The principal new element is citizenship of Germany. This distinction matters for personal planning, for example when comparing the benefits of naturalisation with rights that already exist.

EU citizenship supplements national citizenship. It does not remove the differences between a German citizen in Germany and a German citizen in another Member State. German citizens do not need a residence permit to live in Germany. In another Member State, however, the duration and conditions of residence are governed in particular by Directive 2004/38/EC and its implementation in national law.

Freedom of movement concerns rights of entry, residence and, where applicable, work. Schengen primarily concerns the removal or organisation of border controls and other common rules. The absence of a permanent border checkpoint therefore says nothing about a person's long-term residence rights. Conversely, a lawful temporary border check does not automatically end freedom of movement.

The geographical areas are not identical either. Special agreements may apply to countries outside the EU. This does not mean that every EU rule applies across the board to every European country. For your destination, we refer to official status information; absent border controls do not determine residence rights.

We point out that even as an EU citizen you need a suitable valid document for travel. A naturalisation certificate is not an ordinary substitute. For family members who are third-country nationals, additional documents and possibly visa issues may arise. The German passport of someone travelling with them does not automatically make all their relatives EU citizens.

For stays of up to three months, Article 6 of the Free Movement Directive generally requires a valid identity card or passport. Applying for an EU residence document is generally not a prerequisite for this short period. The host state may, however, require a proportionate notification of presence. We explain the need to clarify local formalities with the competent bodies beforehand.

This simplified arrangement is particularly useful for visits, initial orientation or preparing for a move. It does not mean that all state benefits can be claimed without restriction during this period. The Directive expressly distinguishes the right of residence from equal treatment in access to certain social benefits. Rules on health insurance cover also remain important in practice.

If you intend to rent a home or start work in the host state, we explain the legal questions extending beyond entry alone. Local registration duties, possible tax registration and the applicable social security arrangements also need to be addressed. These steps do not constitute a new naturalisation in the host state. They serve to organise life there lawfully.

For a longer stay, the key issue is the basis on which the person is living in the host state. Workers and self-employed people are in a different position from people who are not working and live on savings. Students, in turn, are subject to specific conditions. Article 7 of the Directive identifies these groups.

People who are not economically active generally need sufficient resources and comprehensive health insurance cover. Those resources do not have to come exclusively from their own earnings in every situation. What matters is how their needs are actually met. A German passport alone does not replace this evidence. We point out that long-term cover needs clarification with the insurer; the German card alone is not reliable confirmation.

For students, enrolment at a suitable institution, health insurance and provision for living expenses are particularly relevant. Admission to a course of study and the right of residence under EU law are separate questions. Universities may still assess the relevant academic admission requirements.

We explain that the host state may require registration after three months and direct you to the competent bodies for the procedure. The evidence that must be submitted depends on the basis of residence. An employment contract, evidence of self-employment and documents showing sufficient resources serve different purposes. Thorough preparation prevents an existing right from being undermined by avoidable difficulties with evidence.

Looking for work is also protected under EU law. This does not, however, confer an unlimited right to stay without a genuine job search and a realistic prospect of being hired. Article 14(4) of the Directive covers people who can demonstrate that they are continuing to seek work and have a genuine chance of being engaged. Applications, interviews and vacancies suited to the person's qualifications can therefore be important in practice.

Anyone who has already worked and becomes involuntarily unemployed does not necessarily lose their status as a worker under EU law immediately. Article 7(3) distinguishes, among other things, between involuntary unemployment after more than a year of employment and losing a job within the first twelve months. In the second situation, worker status is retained for at least six months subject to the conditions set out there. The involuntary unemployment must be duly recorded and the person must have registered as a jobseeker with the relevant employment office. The actual employment history is therefore more important than the date of the move alone. Temporary inability to work because of illness or an accident is also separately regulated.

Under the Directive, simply receiving a social benefit must not automatically lead to expulsion. Nevertheless, the basis of residence and entitlement to benefits may need to be reviewed. We explain the importance of promptly reporting job loss and clarifying new evidence with the competent bodies. Their legal position as German citizens in Germany must be distinguished from these conditions governing residence in the host state.

As a general rule, anyone who has resided legally and continuously in the host state for five years acquires a right of permanent residence under Article 16 of the Directive. It no longer depends on the same economic conditions as the preceding right of residence. However, simply proving registration dating back five years is not sufficient in every case. The lawfulness of residence during the relevant period also matters.

Certain temporary absences do not interrupt continuity. Article 16(3) refers in particular to absences totalling no more than six months per year. A single absence of up to twelve consecutive months is possible for important reasons, such as pregnancy and childbirth, serious illness, study, vocational training or a work posting. A separate exception applies to the fulfilment of military obligations. The actual duration and the reason that can be evidenced are decisive; any arbitrary twelve-month stay abroad is not automatically harmless. We therefore explain documentation of actual residence periods for international work. Treating every trip abroad as restarting the qualifying period would be incorrect.

A right of permanent residence that has already been acquired can be lost through an absence from the host state of more than two consecutive years. This affects that right of residence, not automatically German citizenship. The distinction matters when planning a return: German status continues, while settling again in the other state may once more have to be assessed under the relevant freedom of movement rules.

Certain family members may accompany or join an EU citizen entitled to freedom of movement even if they do not hold EU nationality themselves. Article 2 of the Directive covers, in particular, spouses, registered partners subject to the conditions specified there, and direct descendants who are under 21 or are dependants. Dependent relatives in the ascending line may also be covered. For students, Article 7(4) defines a narrower circle of directly eligible family members: it includes, in particular, the spouse or qualifying registered partner and dependent children. Other relatives or unmarried partners in a durable relationship may fall within Article 3(2); its duty to facilitate entry and residence is not equivalent to an identical, automatic right to family reunification.

We distinguish a relative's German residence permit from an independent permanent right to reside in other Member States. An EU residence card, appropriate civil status certificates and further evidence may be required. An ordinary national residence permit must also be distinguished from a residence card for family members under the Free Movement Directive. The designation and legal basis of the latter can be decisive for a visa exemption under Article 5(2).

For a German citizen who has only ever lived in Germany, the Directive does not simply operate as a general right to family reunification because they are now an EU citizen. Its usual scope concerns residence in another Member State. Cases involving a return after genuinely exercising freedom of movement, and particular family situations under EU law, may be different. They require a separate assessment and do not provide a general way around national family reunification requirements.

Subject to the applicable conditions, EU citizens can vote and stand as candidates in municipal and European Parliament elections in their Member State of residence. This does not confer a general right to vote in elections to that other state's national parliament. Registration requirements, deadlines and permitted special rules for individual offices must still be observed. In European Parliament elections, a person may vote only once, even if they have more than one possible basis for participating.

The Free Movement Directive also contains a requirement of equal treatment within its scope. This does not mean that every entitlement exists without further conditions. EU law provides exceptions particularly for social assistance during the initial period of residence and certain forms of student support. Reliable financial planning therefore requires an assessment of the specific benefit in light of the particular residence status.

We explain the limit of the nationality-related benefit: regulated professions still require separate recognition and admission. Freedom of movement does not remove the requirement to prove professional competence. Voting rights, security of residence and access to professions explains how the rights enjoyed by Germans within Germany differ from this.

If a German citizen encounters an emergency in a third country, the German diplomatic or consular representation is the first source of assistance. If Germany is not represented there, or its representation is effectively unable to provide protection in the particular case, Directive (EU) 2015/637 enables other EU Member States to provide assistance under the same conditions as for their own nationals.

Possible situations include serious illness, an accident, arrest, a crime, a death or the need for an emergency travel document for the return journey. Representations can coordinate responsibility through arrangements between them. This does not mean that any particular office must permanently take on every task. In urgent situations, however, such coordination must not unreasonably delay the necessary assistance.

A valid passport makes EU citizenship easier to prove. If it is missing precisely because it has been stolen or lost, that alone does not rule out assistance in principle. The Directive permits other appropriate evidence and verification with the authorities of the person's home state. Copies kept securely and contact persons who can be reached can help establish the position.

Consular assistance may include information, contacts with local lawyers, notifying relatives or help obtaining a travel document for the return journey. It does not, however, amount to legal representation in foreign criminal proceedings. An embassy cannot instruct local courts or promise someone's release.

Financial assistance is subject to special conditions and may have to be repaid. § 5 Consular Act makes assistance dependent, in particular, on an emergency that cannot be resolved in any other way. Consular assistance therefore does not replace travel insurance, adequate health insurance cover or personal financial provision.

Particular difficulties may arise if the person also holds the nationality of the country they are visiting or living in. Its authorities may treat the person as their own national and deny German representations access. The Consular Act also contains special rules for certain multiple nationals living permanently in their other home country. Before travelling, the article on multiple nationality and the country of origin should therefore also be considered.

For a planned move, we review with you the questions concerning the residence basis, documents, health insurance, employment and accompanying family members. The nationality of each family member and the residence cards they actually hold form part of that assessment. A short holiday requires different preparation from permanently moving the centre of one's life.