Residence rights of EU citizens, EEA citizens and Swiss nationals

For EU, EEA and Swiss citizens, we assess the residence right that actually exists rather than routinely requiring a German residence permit. Largely the same rules apply to EEA citizens. Swiss nationals have a special position under an agreement. In each case, what matters is the right of residence that actually exists, not simply whether there is a plastic card.

Union citizens are nationals of a Member State of the European Union. Where the conditions are met, their residence in Germany is governed by the FreizügG/EU. The EEA states outside the EU are Iceland, Liechtenstein and Norway. The corresponding rules also apply to their nationals under § 12 FreizügG/EU.

Switzerland belongs to neither the EU nor the EEA. For Swiss nationals and their family members, the Agreement on the Free Movement of Persons between Switzerland and the European Community and its Member States is particularly relevant. The fact that similar circumstances are covered does not mean that all provisions of the FreizügG/EU apply unchanged.

For British nationals, a further distinction must be made between a right of residence under the Withdrawal Agreement and residence governed by general residence law. The United Kingdom's former EU membership does not answer the question of current status. The basis for treating EEA nationals equivalently is § 12 FreizügG/EU.

The right of residence of Union citizens entitled to freedom of movement generally arises by operation of law. Unlike for many third-country nationals, an immigration authority therefore does not first have to grant a residence permit. Registering an address documents where you live, but neither grants this right nor provides complete proof that all its conditions are met.

For naturalisation, Union citizens entitled to freedom of movement may possess the required residence status without first obtaining a settlement permit. The same generally applies to EEA nationals with the corresponding entitlement. A certificate of permanent residence is likewise not always a necessary first step. The City of Karlsruhe's official information expressly lists these groups in its section on which residence permit is needed.

However, this statement presupposes an actual entitlement to freedom of movement. It does not mean that every EU passport proves all the conditions for long-term residence or naturalisation regardless of the person's circumstances. Particularly where an employment history contains interruptions, it may be necessary to trace the applicable basis in greater detail.

Under § 4a FreizügG/EU, a permanent right of residence generally arises after five years of continuous lawful residence in Germany. Under special statutory conditions, it may be acquired earlier. Once it has arisen, the continuing right of residence no longer depends in the same way on continued employment or the conditions for economically inactive people.

The certificate serves as proof of an existing right. Someone who applies for it later does not only then begin accumulating the five years. Conversely, merely expecting to meet the conditions soon does not replace a permanent right of residence that has already been acquired. § 4a FreizügG/EU regulates how the right arises and the special categories of cases; the certification procedure is set out in § 5 FreizügG/EU.

A third-country national may also derive their right of residence from their family relationship with a Union citizen entitled to freedom of movement. In that case, their position must not be assessed solely on the basis of their own passport. The legally relevant family relationship, accompanying or joining the Union citizen, and the conditions relating to that person are important.

The age limits under family freedom of movement law must not be transferred to naturalisation. § 1 paragraph 2 number 3 FreizügG/EU covers, among others, direct descendants under 21 or descendants who receive maintenance. Naturalisation together with a parent as a child under § 10 paragraph 2 StAG, by contrast, is limited to minors. A twenty-year-old family member may therefore have a derived right of residence without still being eligible for naturalisation together with a parent as a minor child.

A residence card is usually issued to these family members. It must be distinguished from a residence permit under the AufenthG. After a permanent right of residence has been acquired, a permanent residence card may be available. The document's designation and legal basis therefore help identify the correct system.

Separate conditions and a different procedure apply to so-called closely related persons. Not every relationship between partners or relatives automatically confers the same right as membership of the family categories covered by law. In these cases, we first determine which right was actually granted or exists by law.

Subject to its conditions, the Agreement on the Free Movement of Persons covers, among others, employees, self-employed people, economically inactive people and family members. The German Swiss residence permit (Aufenthaltserlaubnis-Schweiz) documents a right of residence based on this agreement. Under § 28 AufenthV, Swiss nationals entitled to freedom of movement under the agreement are exempt from the requirement to hold a residence permit; at the same time, the provision provides for certification of the right through the corresponding residence permit.

For naturalisation by entitlement, § 10 paragraph 1 sentence 1 number 2 StAG expressly lists this residence permit. It must therefore not be treated like an ordinary residence permit whose suitability first needs to be assessed against the list of exclusions. However, Swiss citizenship alone does not replace proof of the required residence status in Germany. § 28 AufenthV and the Swiss alternative in § 10 StAG are decisive.

In practice, the documents needed depend on the person's circumstances and may include an employment contract, documents relating to self-employment or, for students, evidence of study, funding and health insurance. Family members also provide proof of the family relationship. The Berlin service portal's information on the Swiss residence permit explains these groups of documents. Organisational details depend on the competent local authority.

Particularly in border regions, someone may work in Germany but live in a neighbouring state and have the centre of their life there. An economic connection to Germany alone does not satisfy the requirement of habitual residence within the country. Standard naturalisation concerns how a person actually lives, not solely the state in which their employer is based or taxes are paid.

Conversely, a person living in Germany may work abroad. Their own basis of residence in Germany must then be clarified. Place of work, place of residence and family life must be recorded separately. A registration certificate is helpful for this purpose, but does not answer every question about actual habitual residence. The general article on lawful habitual residence explains the relevant connections.

For EU and EEA citizens and other expressly specified groups, § 12b StAG refers to the absence rules in § 4a paragraph 6 FreizügG/EU. These cover ordinary absences totalling up to six months per year, military or alternative service, and a single longer absence of no more than twelve months for an important reason. Such reasons include, for example, study, serious illness or a work secondment.

Preserving a permanent right of residence that has already been acquired is a different question. § 4a paragraph 7 contains a separate rule on its loss following an absence of more than two years for a reason that is, by its nature, not merely temporary. This residence-law rule must not be taken to mean that the same absence is always harmless for the residence period required for naturalisation.

The nationality-law rule concerning stays abroad of more than half the required residence period must also be observed. For Swiss nationals, the applicable treaty rules and the StAG must be considered together in a separate assessment; automatically transferring all EU absence rules would be incorrect. The article on return deadlines and crediting earlier periods explains the details.

A permanent right of residence may continue even if a person later loses their job or needs social benefits. This does not automatically mean that they satisfy the financial requirements for naturalisation by entitlement. The StAG contains its own requirements and exceptions for this.

Conversely, employment is not the only possible basis for a right to freedom of movement. We therefore do not automatically classify periods without employment as unlawful residence. What matters is whether another basis existed during that period or an already acquired right continued. The financial assessment for naturalisation is then carried out independently; the article on income and securing your livelihood provides further information.

The basis of residence need not remain the same throughout the entire period. A person may initially be entitled to freedom of movement as an employee, then study under the statutory conditions and later work again. For each period, it must be clarified whether the previous rights continued or another basis applied. A missing month in an insurance record does not, on its own, prove a gap under residence law.

In cases of involuntary unemployment, § 2 paragraph 3 FreizügG/EU distinguishes according to the preceding activity. After more than one year of activity, the provision allows the right to continue in cases of involuntary unemployment confirmed by the Employment Agency. After less than one year of employment, the right is retained for six months under the stated conditions. What is needed is therefore not only the final payslip and the notice of termination, but also the period of employment and the relevant confirmation. Voluntarily ending employment cannot automatically be treated in the same way.

If the person has already acquired a permanent right of residence, by contrast, they do not have to justify each further month of residence anew through economic activity. If no such right exists, a family right or sufficient resources and health insurance, for example, may be relevant depending on the situation. We therefore set out the successive legal bases with their actual dates. The livelihood assessment for naturalisation remains independent of this.

We compile your residence history from periods living in Germany, the relevant activity or other residence basis and extended absences. We organise employment, insurance, study and family evidence accordingly. This account is particularly important for statutory residence rights because an uninterrupted series of residence permits need not exist.

For family members, we include changes in the sponsoring person’s circumstances; for Swiss citizens, the Swiss residence permit. If you rely on permanent residence, we examine evidence of its acquisition and a certificate that can simplify proof. Such a certificate documents an existing right but does not replace an acquisition that never occurred under the law.