An entrepreneur or a self-employed professional can work and set up a business in any EU country on equal terms with the local population. Consequently, EU citizens can work in Germany as self-employed or employed on equal rights with German citizens. For example, if local authorities impose any restrictions on business development in certain areas, these restrictions apply equally to both locals and EU entrepreneurs.
EU foreigners can move to Germany to set up a business or to look for work. Self-employed or employed activity of an EU foreigner in Germany automatically gives them the right to reside in the country. They also do not need to ask the foreigners' authority for a residence permit. Such foreigners only need to register with the authority to obtain a residence card in Germany (Aufenthaltskarte). If an ordinary foreigner loses their residence permit after six months of absence from Germany, for an EU foreigner this period can, depending on circumstances, reach two years. Also, EU foreigners can reunite with family members in Germany on preferential terms. Reuniting spouses are exempt from the language test, financial solvency check, and proof of housing. For example, an Estonian living in Germany marries a Russian citizen and resident. In this case, his spouse can move to Germany without passing a language test or other checks. Under European law, reunification with a child is allowed until the child turns 21. This means that the Russian wife can move to Germany together with her 20-year-old son from her first marriage. German citizens can reunite with foreign children up to the age of 18.
In EU laws, there is a concept of 'breadwinner,' which is alien to national German law. Thus, a financially solvent EU citizen (breadwinner) can reunite with their parents or their spouse's parents in Germany. To do so, they must prove the need for their financial support for the foreign relatives and their role as the family breadwinner. German citizens, even very wealthy ones, do not have this right.
Nevertheless, even freedom has its limitations. An Estonian citizen cannot simply move to Munich to admire the Bavarian Alps and drink Bavarian beer. An EU foreigner wishing to settle in Germany must be either a businessman, a self-employed professional, or an employed person seeking work, or a family member of such a person. Financially independent residence of EU citizens in Germany is also possible. Germany merely wishes to avoid an influx of foreigners into the country's social systems.
After five years of residence in Germany in the status of 'freely moving EU foreigner' (freizugigkeitberechtigte), an EU citizen becomes a 'long-term resident foreigner' (Daueraufenthaltsberechtigte). This status gives the EU foreigner the right to receive social support in Germany.
Legal practice is dealing with the question of when and under what conditions an EU foreigner can claim social benefits. EU foreigners beyond working age acquire the right to German benefits after living in Germany for 5 years at their own expense. The strengthening of the residence status of an EU citizen is linked to their employment in Germany. The concept of 'employment' needs interpretation.
The legal practice of administrative courts considers even minor basic employment with a salary of up to 400 euros per month as sufficient employment. Employment relationships lasting from 6 months may also be considered sufficient. There are still many uncertainties in these matters that do not yet allow for complete and specific answers.
Thomas Pue,
German lawyer.