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Law on the general freedom of movement of Union citizens

Original Language Title: Gesetz über die allgemeine Freizügigkeit von Unionsbürgern

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Law on the free movement of citizens of the Union (Freedom of Movement/EU-FreizügG/EU)

Unofficial table of contents

FreizügG/EU

Date of completion: 30.07.2004

Full quote:

" Free Movement Law/EU of 30 July 2004 (BGBl. I p. 1950, 1986), which is defined by Article 4 of the Law of 27 July 2015 (BGBl. I p. 1386).

Status: Last amended by Art. 1 G v. 2.12.2014 I 1922
Note: Amendment by Art. 4 G v. 27.7.2015 I 1386 (No 32) in a textual, documentary form not yet concludedly edited

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2005 + + +) 

The G was referred to as Article 2 d. G v. 30.7.2004 I 1950 (immigration law) passed by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 15 (3) of this Act shall enter into force on 1 January 2005. Section 11, first sentence, shall enter into force on 6 August 2004. Unofficial table of contents

§ 1 Scope

This Act regulates the entry and residence of nationals of other Member States of the European Union (Union citizens) and of their family members. Unofficial table of contents

§ 2 Right of entry and residence

(1) EU citizens entitled to freedom of movement and their family members shall have the right of entry and residence in accordance with this Act. (2) The rights of freedom of movement of the Union shall be entitled to freedom of movement:
1.
Citizens of the Union who wish to reside as workers or to vocational training,
1a.
EU citizens staying in search of work for up to six months and beyond only as long as they can prove that they are still looking for work and have a reasonable prospect of being recrused,
2.
Citizens of the Union if they are entitled to work in a self-employed capacity (self-employed persons employed),
3.
Citizens of the Union who wish to provide services within the meaning of Article 57 of the Treaty on the Functioning of the European Union (providers of services) as self-employed persons without establishing themselves as self-employed workers, if they are to provide the services of services are entitled to:
4.
EU citizens as recipients of services,
5.
Non-working citizens of the Union under the conditions laid down in § 4,
6.
Family members under the conditions of § § 3 and 4,
7.
Citizens of the Union and their family members who have acquired a permanent right of residence.
(3) The right referred to in paragraph 1 shall remain unaffected by workers and self-employed workers
1.
temporary incapacity as a result of illness or accident,
2.
involuntary unemployment by the competent agency for the work of confirmed unemployment or the recruitment of self-employed activity as a result of circumstances in which the self-employed person had no influence, after more than one year of activity,
3.
To take up vocational training in cases where there is a link between training and previous work; the link is not necessary if the citizen of the Union has lost his job involunting.
In the case of involuntary unemployment after less than one year of employment, the competent agency for work of confirmed unemployment remains unaffected by the law of paragraph 1 for a period of six months. (4) EU citizens do not need to enter the country for entry into the Visa and no residence permit for your stay. Members of the family who are not citizens of the Union shall be required to enter a visa in accordance with the provisions applicable to foreigners for which the Residence Act applies. The possession of a valid residence card, including that of another Member State of the European Union, shall not be subject to the provisions of Article 5 (2) of Directive 2004 /38/EC of the European Parliament and of the Council of 29 April 2004 on the law of the European Union citizens and their family members to move and reside freely within the territory of the Member States and to amend Regulation (EEC) No 1612/68 and repealing Directives 64 /221/EEC, 68 /360/EEC, 73 /148/EEC, 75 /34/EEC, 75 /35/EEC, 90 /364/EEC, 90 /365/EEC and 93 /96/EEC (OJ L 206, 22.7.1990, p. EU No 35) of the visa requirement. (5) For a stay of Union citizens of up to three months, possession of a valid identity card or passport is sufficient. Family members who are not citizens of the Union shall have the same right if they are in the possession of a recognised or otherwise authorised passport or register and shall accompany or follow the citizen of the Union. (6) For the visa issue (7) The non-existence of the right referred to in paragraph 1 may be established if it is established that the person concerned has a condition for that right through the use of forged or adulterated documents, or by presumption of false facts. The absence of the right referred to in paragraph 1 may also be established in the case of a member of the family who is not a citizen of the Union, where it is established that he is not a citizen of the Union in order to establish or maintain the family life , or does not accompany it for this purpose. In such cases, a member of the family who is not a citizen of the Union may be denied the issue of a residence card or a visa, or his residence card may be withdrawn. Decisions taken in accordance with sentences 1 to 3 shall be in writing. Unofficial table of contents

§ 3 Family members

(1) Family members of the citizens of the Union referred to in § 2 (2) (1) to (5) shall have the right in accordance with Article 2 (1) if they accompany or follow the citizen of the Union. For the family members of the citizens of the Union referred to in § 2 para. 2 no. 5, this shall apply in accordance with § 4. (2) Family members shall be
1.
the spouse, the life partner and the relatives in a straight descending line of the persons referred to in § 2 (2) (1) to (5) and (7) or their spouses or life partners who are not yet 21 years of age,
2.
the relatives of the persons referred to in § 2 (2) (1) to (5) and (7), or their spouses or partners, who are subsisting these persons or their spouses or life partners in a straight ascending line and in a straight descending line.
(3) Family members who are not Union citizens shall retain a right of residence in the event of the death of the Union citizen if they satisfy the conditions set out in Article 2 (2) (1) to (3) or (5) and, before the death of the Union citizen, at least one year as its Members of the family in the Federal Republic of Germany. § 3 (1) and (2) and § § 6 and 7 shall not apply to persons in accordance with sentence 1; in this respect, the Residence Act shall apply. (4) The children of a Union citizen entitled to freedom of movement and the parent who is responsible for parental care for the children in fact, even after the Union citizen's death or withdrawal, from which they derive their right of residence, shall retain their right of residence until they have completed their training if the children are staying in the territory of the Federal Republic of Germany and a (5) A spouse or a partner who is not a citizen of the Union shall keep to: Divorce or annulment of the marriage or annulment of the life partnership a right of residence if it fulfils the conditions of § 2 (2) (1) to (3) or (5) applicable to Union citizens and if:
1.
the marriage or the life partnership has passed until the initiation of the judicial divorce or annulment proceedings for at least three years, of which at least one year in the Federal territory,
2.
have been entrusted with parental care for the children of the Union citizen by agreement between the spouses or the life partners or by a court decision;
3.
it is necessary to avoid a particular hardship, in particular because the spouse or the partner is not to be allowed to hold a marriage or a life partnership because of the impairment of his or her interests which are worthy of protection could, or
4.
by agreement of the spouses or the life partners or by court decision the right to personal use of the minor child only in the federal territory was granted.
§ 3 (1) and (2) and § § 6 and 7 shall not apply to persons in accordance with sentence 1; in this respect, the Residence Act shall apply. (6) (omitted) Unofficial table of contents

§ 4 Non-working persons entitled to freedom of movement

Non-working citizens of the Union and their family members who accompany or follow the citizen of the Union shall have the right in accordance with Article 2 (1) if they have sufficient health insurance coverage and sufficient resources. If the citizen of the Union considers himself a student in the territory of the Federal Republic of Germany, this right only has his spouse, life partner and his children, who are subject to maintenance. Unofficial table of contents

§ 4a Permanent residence permit

(1) Union citizens who have been legally resident in the Federal Republic for five years have the right of entry and residence (permanent residence right) irrespective of the further existence of the conditions set out in § 2 (2). Their family members, who are not Union citizens, have this right if they have been permanently legally resident in the territory of the Federal Republic of Germany for five years. § 3 (1) and (2) shall not apply to persons in accordance with sentence 2; in this respect, the provisions of the Residence Act concerning the family retreat to holders of a permit for permanent residence-EU must be applied accordingly. (2) By way of derogation from paragraph 1, Citizens of the Union according to § 2 (2) (1) to (3) before the end of five years the right of permanent residence if they
1.
have been permanently in the federal territory for at least three years and have been engaged in gainful employment for at least the last twelve months in the Federal Republic of Germany; and
a)
at the time of leaving the working life, the 65. have reached life or
b)
terminate their employment in the framework of an early retirement scheme, or
2.
give up employment as a result of a full reduction in employment,
a)
which has been caused by an accident at work or an occupational disease and who is entitled to a pension against a service provider in the Federal territory, or
b)
after having been permanently in the federal territory for at least two years, or
3.
have been in employment in the Federal Republic of Germany for three years and are subsequently employed in another Member State of the European Union, retain their residence in the Federal Republic and return there at least once a week; for the The acquisition of the right referred to in points 1 and 2 shall be regarded as periods of employment in another Member State of the European Union as periods of employment in the Federal Republic of Germany.
To the extent that the spouse or the partner of the Union citizen is German under Article 116 of the Basic Law or if that status has been lost by marriage to the citizen of the Union by 31 March 1953, the first and second sentence of the first sentence shall be replaced by: Conditions of residence and duration of employment. (3) Family members of a deceased Union citizen pursuant to § 2 (2) (1) to (3) who, at the time of his death, had their permanent residence, have Permanent residence right if:
1.
the Union citizen has been permanently resident in the territory of the Federal Republic of Germany for at least two years at the time of his death,
2.
the citizen of the Union has died as a result of an accident at work or an occupational disease, or
3.
the surviving spouse or partner of the Union citizen is German in accordance with Article 116 of the Basic Law or has lost this legal status by marriage to the citizen of the Union before 31 March 1953.
(4) The members of the family of a Union citizen who has acquired the right of permanent residence in accordance with paragraph 2 shall also have the right of permanent residence if they have permanent residence with the citizen of the Union. (5) Family members according to § 3 (3) bis (3) bis (3) bis (3) bis (3) bis (3) 5 acquire the right of permanent residence if they are legally resident in the territory of the Federal Republic of Germany for five years. (6) The permanent residence shall not be affected by
1.
Absences up to a total of six months a year, or
2.
absence of military service or replacement service, and
3.
a one-off absence of up to 12 consecutive months for important reasons, in particular on the basis of pregnancy and chili-ation, serious illness, study, vocational training or professional posting.
(7) An absence from a nature of its nature, not only for a temporary reason of more than two consecutive years, leads to the loss of the permanent right of residence. Unofficial table of contents

§ 5 Residence cards, certificate of permanent residence

Members of the family who are entitled to free movement who are not citizens of the Union shall, on their own account, be provided with a residence card for family members of Union citizens within six months of the date on which they have provided the necessary information , which shall be valid for five years. A certificate attesting that the required information has been provided shall be received by the family member without delay. (2) The competent immigration authority may require that the conditions of the right pursuant to § 2 para. 1 three months after the Entry credibly made. Information and evidence required for the credibility of the certificate can be accepted by the relevant reporting authority in the case of the notification by the registration authorities. This shall forward the information and evidence to the competent immigration office. A further processing or use by the reporting authority does not take place. (3) The existence or continuation of the conditions of the right in accordance with § 2 paragraph 1 may be checked out of special occasion. (4) Are the prerequisites of the The loss of the right pursuant to § 2 (1) within five years of the establishment of a permanent legal residence in the territory of the Federal Republic of Germany is not available or is not available, the loss of the right pursuant to § 2 (1) can be established and with family members who are not Citizens of the Union, the residence card shall be drawn in. Section 4a (6) shall apply mutagens. (5) On request, Union citizens shall be immediately certified their permanent residence rights. A permanent residence card shall be issued within six months of the date of application. (6) For the loss of the right of permanent residence in accordance with Section 4a (7), paragraph 4 shall apply. Sentence 1 accordingly. Unofficial table of contents

Section 5a Documents received

(1) In the cases referred to in Article 5 (2), the competent authority may, by a citizen of the Union, be entitled to the valid identity card or passport and, in the case of the
1.
Section 2 (2) (1), a confirmation of employment or a certificate of employment of the employer,
2.
2 (2), proof of his self-employed activity,
3.
Section 2 (2) no. 5, proof of sufficient health insurance cover and sufficient resources
require. A non-active citizen of the Union within the meaning of Section 2 (2) (5), who submits a certificate that he or she visits a university or other training institution in the territory of the Federal Republic of Germany, must make the conditions set out in the first sentence of the first sentence of the first sentence only credible. (2) The competent authority may, in the cases referred to in Article 5 (2) or the issuing of the residence card, require the members of the family to have a recognised or otherwise approved valid passport or certificate and, in addition, the following:
1.
Proof of the existence of the family relationship, in the case of relatives in descending and ascending line a documentary proof of the conditions of § 3 para. 2,
2.
a declaration of notification by the Union citizen accompanying or retaking the family members.
Unofficial table of contents

§ 6 Loss of the right of entry and stay

(1) The loss of the right in accordance with § 2 (1) may be without prejudice to § 2 (7) and § 5 (4) only on grounds of public policy, public security or public health (Article 45 (3), Article 52 (1) of the Treaty on the Functioning of the European Union). European Union) and the certificate of permanent residence permit or residence card or permanent residence card is drawn up. For the reasons set out in the first sentence, entry may also be refused. Public health reasons may be identified only if they are diseases with epidemic potential within the meaning of the relevant legal instruments of the World Health Organisation and other communicable ones, by means of: Infectious agents or parasites are diseases caused by disease, provided that these diseases are taken in the territory of the Federal Republic of Germany, and if the disease occurs within the first three months of entry. (2) The fact of a criminal convictions shall not be sufficient for themselves to comply with the provisions of paragraph 1 of this Article to justify decisions or measures. It is only in the Federal Central Register that untilted criminal convictions may be taken into consideration and these only in so far as the circumstances underlying them reveal a personal conduct which is a current one. Danger to public order. (3) In the case of the decision referred to in paragraph 1, the duration of the stay of the person concerned in Germany, his or her age, shall be in particular the duration of his/her residence in Germany. state of health, its family and economic situation, its social and cultural integration in Germany and the extent of its ties with the country of origin. (4) A determination as referred to in paragraph 1 may be made after the acquisition of the (5) A permanent residence permit shall be made only for serious reasons. (5) The determination referred to in paragraph 1 may only be made by Union citizens and their family members who have had their stay in the territory of the Federal Republic of Germany for the last 10 years and, in the case of minors, only for compelling reasons of public security. This does not apply to minors if the loss of the right of residence for the best interests of the child is necessary. Compelling reasons of public security may only be available if the person concerned has been legally sentenced to a free-or juvenile sentence of at least five years for one or more of the offences committed by the person concerned, or at the latest. (6) The decisions or measures which result in the loss of the protection of the security of the protection of the security of the country of the Federal Republic of Germany. (6) The decisions or measures which result in the loss of the the right of residence or the right of permanent residence shall not be allowed to: (7) If the passport, identity card or other registration form is invalid, this cannot be justified by the end of the stay. (8) The person concerned shall be heard before the determination referred to in paragraph 1. The determination shall be made in writing.

Footnote

§ 6 Para. 5 italics: should be correctly "several" Unofficial table of contents

§ 7 Travel obligation

(1) Citizens of the Union or their family members shall be subject to the obligation to travel if the immigration authority has established that the right of entry and residence does not exist. The decision is intended to threaten deportation and to set an exit period. Except in urgent cases, the time limit must be at least one month. If an application is filed pursuant to § 80 (5) of the Administrative Court order, the deportation must not take place before the application has been decided. (2) Citizens of the Union and their family members who lose their right to free movement in accordance with § 6 para. 1 , may not enter the territory of the Federal Republic of Germany again and stay in it. Union citizens and their family members, where the absence of the right to free movement has been established in accordance with Article 2 (7), may be prohibited from re-entering the territory of the Federal Republic of Germany and stopping itself in that territory. This is to be prohibited if there is a particularly serious case, in particular a repeated pretext of the existence of the conditions of the right of entry and residence, or if their residence is the public order and security of the Federal Republic of Germany in a significant way. In the case of a decision in accordance with sentences 2 and 3, Article 6 (3), (6) and (8) shall apply. The ban under sentences 1 to 3 shall be limited by its own motion. The time limit shall be fixed in the light of the circumstances of the case and may exceed five years only in the cases referred to in Article 6 (1). The deadline begins with the exit. A request for waiver or reduction of the time limit laid down after a reasonable period of time, or after three years, shall be modest within six months. Unofficial table of contents

§ 8 Identification

(1) EU citizens and their family members shall be obliged to:
1.
in the case of entry into or exit from the territory of the Federal Republic of Germany, a passport or a recognised rate of transport
a)
to be carried out and
b)
submit to a competent official for consideration at the request,
2.
to have the required passport or passport for the duration of the stay in the Federal Republic,
3.
the passport or the passport, the residence card, the certificate of permanent residence and the permanent residence card, to be submitted, handed over and temporarily to the authorities responsible for carrying out this law, on request, insofar as this is necessary for the implementation or protection of measures under this law.
(2) The authorities entrusted with the enforcement of this Act may, subject to the conditions set out in paragraph 1 (3), the biometric and other data stored on the electronic storage and processing medium of a document referred to in paragraph 1. read out, collect the required biometric data from the owner of the document and compare the biometric data with each other. Biometric data according to sentence 1 are only the fingerprints, the light image and the iris images. The police enforcement authorities, the customs administration and the reporting authorities shall be empowered to take measures in accordance with the first sentence, provided that they are authorised to verify the authenticity of the document or the identity of the holder. The data collected in accordance with sentences 1 and 3 shall be deleted immediately after completion of the verification of the authenticity of the document or of the identity of the holder. Unofficial table of contents

Section 9 Criminal Code

(1) imprisonment of up to three years or a fine shall be punishable by the person who makes or uses inaccurate or incomplete information in order to obtain, for himself or another, a residence card, a permanent residence card or a certificate on the (2) With a custodial sentence of up to one year or a fine is punished, who, contrary to § 7 (2) sentence 1, is punished in the Federal territory (3) Items in respect of which an offence referred to in paragraph 1 of this Article shall be referred to , can be drafted. Unofficial table of contents

Section 10 Penal rules

(1) Contrary to the provisions of Section 8 (1) (1) (b) or § 8 (1) (3), who does not submit a document (s) in time or not in due time. (2) Contrary to the law, who intentionally or recklessly against § 8 (3) The person who intentionally or negligently does not carry out a passport or register in breach of § 8 (1) (1) (a). (4) The administrative offence can be found in the cases of the (1) and (3) with a fine of up to two thousand five hundred euros, in the other cases with a fine (5) Administrative authority within the meaning of Article 36 (1) (1) of the Code of Administrative Offences is in the cases referred to in paragraphs 1 and 3 of the Law on Administrative Offences pursuant to Section 58 (1) of the Federal Police Act certain federal police. Unofficial table of contents

§ 11 Application of the Residence Act

(1) On citizens of the Union and their family members who have the right of entry and residence in accordance with Article 2 (1), § 3 para. 2, § 11 paragraph 8, § § 13, 14 para. 2, § § 36, 44 (4), § 46 para. 2, § 50 (3) to 6, § 59 (1) sentence 6 and § § 80, 82 (5), § § 85 to 88, 90, 91, 95 (1) No. 4 and 8, para. 2 no. 2, para. 4, § § 96, 97, 98 (2), (2), (2a), 3 (3), (4) and (5), and § 99 of the Residence Act. § 73 of the Residence Act is to be applied in order to determine the reasons in accordance with Section 6 (1). Section 78 of the Residence Act shall apply mutas to the issuing of residence cards in accordance with § 5 (1) sentence 1 and permanent residence cards pursuant to § 5 (5) sentence 2. The term "residence card (family member EU)" and permanent residence cards pursuant to § 5 (5) sentence 2 of the first sentence of the first sentence of paragraph 5 of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the second sentence of the first sentence of the first sentence of the first The abbreviation "AF" shall be used for automatic reading in the zone for automatic reading instead of the abbreviations in accordance with § 78 (2) sentence 2 (1) of the Residence Act for residence cards pursuant to § 5 (1) sentence 1 and permanent residence cards in accordance with § 5 (5) sentence 2. Under the conditions laid down in § 78a (1) sentence 1 of the Residence Act, residence cards pursuant to § 5 (1) sentence 1 and permanent residence cards pursuant to § 5 (5) sentence 2 may be issued on a uniform form. § § 105b of the Residence Act applies accordingly for residence cards in accordance with § 5 (1) sentence 1 and permanent residence cards pursuant to § 5 (5) sentence 2. The obligations arising from § 82 (5) sentence 1 no. 1 of the Residence Act shall apply to citizens of the Union whose photographs are required for the management of the foreign files. The duty of notification in accordance with § 87 (2) no. 1 to 3 of the Residence Act shall exist insofar as the circumstances referred to therein may also be relevant for the determination pursuant to § 2 (7), § 5 (4) and § 6 (1) of the decision. § 88a (1) sentences 1, 3 and 4 of the Residence Act shall apply in so far as the transmission of subscriber-related data within the framework of the implementation of integration courses according to § 44 (4) of the Residence Act, for the purpose of monitoring an inclusion agreement in accordance with the Second Book of Social Code or for the implementation of the naturalisation procedure. The Residence Act shall also apply if it provides a more favourable legal status than this Act. (2) If the Foreigners Authority has established the non-existence or the loss of the law pursuant to § 2 (1), the Residence Act shall apply. (3) periods of legal residence under this law of less than five years shall correspond to the periods of possession of a residence permit, periods of over five years to the possession of a residence permit, Settlement permit. Unofficial table of contents

Section 11a Regulation empowerment

The Federal Ministry of the Interior is authorized, with the consent of the Federal Council, to obtain the details of the issuing of residence cards pursuant to § 5 (2) sentence 1 and permanent residence cards in accordance with § 5 (6) sentence 2 in accordance with § 99 Paragraph 1 (13a), first sentence, of the Residence Act, as well as details of the examination procedure in accordance with Section 34 (4) of the German Personnel Reference Act and details of the electronic proof of identity in accordance with § 34 number 5 to 7 of the Staff expulsion law. Unofficial table of contents

§ 12 Nationals of the EEA States

This Act shall also apply to nationals of the EEA States and their family members within the meaning of this Act. Unofficial table of contents

§ 13 Nationals of the Accession States

To the extent provided by the Treaty of 9 December 2011 on the accession of the Republic of Croatia to the European Union (BGBl. 586), this law applies if the employment has been approved by the Federal Employment Agency in accordance with Section 284 (1) of the Third Book of the Social Code. Unofficial table of contents

Section 14 Rules on administrative procedures

The administrative procedure of § 11 para. 1 in conjunction with § 87 (1), 2 sentence 1 and 2, para. 4 sentence 1, 2 and 4 and paragraph 6, § § 90, 91 (1) and 2, § 99 (1) and 2 of the Residence Act (Aufenthaltsgesetz) cannot be determined by the state law. to be wiretapped. Unofficial table of contents

§ 15 Transitional Regulation

A residence permit issued prior to 28 August 2007 shall be issued as a residence card for family members of a Union citizen.