Family Reunification with EU-Citizens
On this page you will find all information about family reunification with EU citizens in Germany.
Here you learn ...
what requirements apply for family reunification with EU citizens
how the immigration authorities check the family relationship
Residence options after divorce or death of the EU citizen
what close relatives are and how they obtain a right of residence
Author
Attorney
Reading Time
10 Min.
Release Date
02.02.2025
Table of Content
1. Family reunification with non-German EU citizens
2. Requirements for family reunification with EU citizens
3. Proof of family life
4. Residence after divorce or death of the EU citizen
5. Other close relatives of Union citizens
6. FAQ
1. Family reunification with non-German EU citizens
EU citizens enjoy extensive rights in Germany due to European freedom of movement. This privilege is based on the Freedom of Movement Act/EU (FreizügG/EU) and applies not only to EU citizens themselves, but also to their family members . Thanks to this regulation, spouses, children and other relatives of EU citizens can stay and work in Germany without complicated visa procedures. The residence card for family members of EU citizens is generally easier to obtain and serves as proof of legal residence.
The relevant regulations for family reunification with EU citizens arise from the Freedom of Movement Act . However, it should be noted that the Freedom of Movement Act only applies to non-German EU citizens. Family reunification with Germans does not arise from the Freedom of Movement Act, but from the general regulations in the Residence Act (see Section 28 of the Residence Act: Family reunification with Germans ).
2. Requirements for family reunification with EU citizens
Family reunification with EU citizens is based on a derived right of residence that allows family members to stay in Germany. This right arises from the freedom of movement of EU citizens, which is intended to make it easier for them to carry out their economic and social activities within the EU.
Who is entitled to family reunification with EU citizens?
According to Section 3 of the Freedom of Movement Act/EU (FreizügG/EU), the family members listed below of an EU citizen entitled to freedom of movement can join them. A legal definition of family members can be found in Section 1 Paragraph 2 of the FreizügG/EU. Accordingly, family members within the meaning of freedom of movement law are the following people:
the spouse,
the life partner,
the direct descendants of the person or of the spouse or life partner who have not yet reached the age of 21 or who are supported by them, and
the relatives in the direct ascending line of the person or of the spouse or life partner who are supported by them.
The right of residence of a family member of an EU citizen is fundamentally linked to the EU citizen's right to freedom of movement . This means that the EU citizen must actually exercise his or her right of residence in Germany (e.g. by being employed or having sufficient means of subsistence) and that the family life must be lived - a purely practical partnership or a marriage of convenience does not constitute a right of residence.
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3. Proof of family life
The existence of a family partnership is usually checked by the immigration authorities using the following indicators:
Joint main residence in Germany
Actual coexistence in everyday life
Economic dependence (children over 21 years of age or parents)
In special cases – e.g. separation for work reasons or stay in a nursing home – living separately can be accepted. If there are reasonable doubts about the family unit, the immigration authorities can carry out a more in-depth examination.
4. Residence after divorce or death of the EU citizen
Divorce or annulment of a marriage with an EU citizen represents a significant challenge for third-country national spouses, particularly with regard to their right of residence in Germany. While a residence permit under the Residence Act (AufenthG) is often tied to the continued existence of the marital partnership, under certain conditions residence rights continue to exist under the Freedom of Movement Act/EU (FreizügG/EU).
When does the right of residence remain after the divorce?
Third-country national spouses of EU citizens do not automatically lose their right of residence after a divorce if they meet certain requirements under Section 3 Paragraph 5 of the Freedom of Movement Act/EU. This is particularly the case if:
the marriage lasted for at least three years , of which at least one year was in Germany, before the divorce proceedings were initiated or
the third-country national spouse has been granted custody of a child or has a right of access that can only be exercised in Germany or
there is particular hardship , e.g. due to domestic violence or other serious personal circumstances.
If one of these criteria applies in your case, you can stay in Germany with your own right of residence even after your divorce from the EU citizen (provided the other requirements are also met).
5. Other close relatives of Union citizens
Another special feature of family reunification with EU citizens is that (in contrast to the normal right of residence) family reunification of “ closely related persons ” is also possible (Section 3a FreizügG/EU).
Who are close relatives?
According to Section 1 Paragraph 2 No. 4 FreizügG/EU, related persons
Relatives within the meaning of the German Civil Code (BGB),
unmarried children who have not yet reached the age of 18 are under the guardianship of or in a foster child relationship with the person
a life partner with whom the person has credibly demonstrated a long-term relationship that does not allow for any further life partnership of the same kind and both partners are not married.
In addition to the question of whether the person is a close relative, the security of the person's livelihood must also be checked (see reference in Section 11 Paragraph 5 FreizügG/EU to Section 5 AufenthG). It must also be noted that the right of residence does not exist by virtue of Union law, but is granted after the application has been submitted on the basis of a discretionary decision . While family reunification with Union citizens is therefore automatically valid (so-called declaratory effect), this right must first be granted by the authorities for close relatives of EU citizens (so-called constitutive effect ).
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6. FAQ
Are family members of EU citizens allowed to work?
Yes, family members of Union citizens entitled to freedom of movement may work without a separate permit (Article 23 of the Free Movement Directive).
Does the Freedom of Movement Act also apply to family members of Germans?
No. Although Germans are also EU citizens, the Freedom of Movement Act does not apply to them. Family reunification with Germans is governed by the Residence Act.
What happens if the EU citizen leaves Germany?
The derived right of residence of a third-country national spouse expires when the EU citizen leaves Germany, unless one of the above conditions is met. However, the European Court of Justice (ECJ, case C-218/14 - Singh) has ruled that under certain circumstances the third-country national spouse can obtain a new right of residence if the EU citizen later returns to Germany.
How can residency be secured after divorce?
If an extension under freedom of movement law is not possible, an independent residence permit under Section 31 of the Residence Act may be considered. One of the requirements is that the marriage lasted at least three years and that the spouse had a residence permit under the Residence Act during this time.
