EU Citizens

Being a European, am I subject to the residency law?

Union citizens and their relatives are not subject to residency law and do not need a permission to enter or live in Germany (§2 Freizü GG). The European Law on Freedom of Movement of Union Citizens rules their status. In many cases, however, this law refers to the Residency Law, and Germany has adopted an implementing act following this European directive Freizügigkeitsgesetz.
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I have a European citizenship, what permissions do I need to enter and live in Germany?

People who belong to the European Union have the right to enter other EU countries at any time, to reside in any place of their choice (right to freedom of movement) and to settle there in the pursuance of their own goals (freedom to settle). Citizens of EEA countries who are not EU citizens are treated as equal to EU citizens with regard to freedom of movement (§12 Freizü GG). So just move in and register with the police, as every German is obligated to do. You shall receive your “residence card” ex officio after registering your physical address at the Meldeamt! No, you do not have to visit the foreigners office but you can get your residence card there also.
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Coming from Switzerland, I want to live for a while in Germany. What am I required to do? Do I need to obtain a residence permit?

You will generally be treated as a European Community citizen. Okay, Switzerland does not belong to the European Union but based on a “bilateral” treaty, Swiss are considered as if they were European. Swiss seem to always and also get its special treatment. Keep reading.
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I have been living here for six years with my spouse and kids. Not planning to return, what do I need to stay here permanently?

Bingo! You and your dependants have the permission to remain here permanently. This implies that your status is independent to freedom of movement by European law. However, you still have to apply for this status.
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Which family members may follow an old-age pensioner?

These persons are

• the spouse or the long-term partner and their supported children,
• (grand)parents being supported by the European.
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Which family members may follow students?

These persons are exclusively the spouse or long-term partner and their children, who are entitled to their support.
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Is this permanent residence permission not somewhat hypocritical? I can’t be expelled anyhow. The thing is that European law is superior to German law which gives me this freedom. Can Germany take this away from me?

No, it is not really hypocritical. National sovereignty has not been abolished. Europeans are subject to expulsion if they become a danger to public order, security, or health. The law does not talk of expulsion in these cases but of an ascertainment of loss of the freedom of movement.

The standards to meet these prerequisites are high. There must be real and sufficiently severe endangerment, which would touch basic interests of society. This danger must also come from your actions. If you do not voluntarily leave, you will be expelled. No, do not worry; if you got a bunch of speeding or parking tickets. They do not jeopardize your residency status though they do your driver’s license. But, if you start dealing with anthrax, women, etc. that will give grounds for expulsion.