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RESIDENCY PERMITS

Reader Question: Can I move to another EU country with a German residency permit?

While having a German residency permit gives you the right to live in Germany, it doesn’t provide the full range of privileges that come with a German passport.

Published: 20 June 2023 16:43 CEST
A sign near the German-French border in Breisach indicates the nearby border crossing.
A sign near the German-French border in Breisach indicates the nearby border crossing. Photo: picture alliance/dpa | Philipp von Ditfurth

Where can I travel with my German residence permit?

As a holder of a German residence permit, you can move freely within the Schengen zone for up to 90 days within any period of 180 days, as long as you don’t take up work whilst in the other country. 

Within the Schengen zone, there are no border checks or restrictions, but you should carry both your passport and residence permit and present them if requested by border or police authorities.

It’s important to note that the Schengen zone and the European Union (EU) are not the same. While the German residence permit allows you to travel freely within the Schengen zone, there are EU countries that are not part of the Schengen agreement, such as Ireland, Romania, and Bulgaria. If you plan to visit these countries, you may still need a visa based on the requirements of your current passport.

READ ALSO: How long can you leave Germany for without losing permanent residency?

Conversely, there are countries outside the EU that are part of the Schengen zone, including Iceland, Liechtenstein, Norway, and Switzerland. With your German residence permit, you can travel to these countries without a visa.

What about moving to another EU country?

While your German residency permit allows you to live and work in Germany, it does not provide any special privileges or shortcuts when it comes to moving or working in other EU countries, as each EU country has its own immigration and employment regulations that must be followed, regardless of your status in Germany.

READ ALSO: 8 reasons why German citizenship trumps permanent residency

If you want to either move to another EU country or stay there for an extended period, you will need to apply for a visa or residency permit in that specific country. 

If you wish to work or enrol in a university in countries such as Italy or Spain, for example, you will need to meet the respective requirements of those countries.

Can I move to Germany with a residence permit from another EU country?

If you have a permanent residence permit in another EU country, you can apply for a residence permit to work in Germany. But to do so, you must meet certain requirements and you also need the approval of the Employment Agency and a residence permit from the Foreigners’ Registration Office.

The European and German flags wave in the wind in front of the Reichstag in Berlin.

The European and German flags wave in the wind in front of the Reichstag in Berlin. Photo: picture alliance / dpa | Kay Nietfeld

What about the Permanent EU Residence Permit?

The permanent EU Residence Permit is a residency permit which generally allows holders the right to work, study or undergo training in other EU Member States. Detailed guidelines and regulations are provided by each specific country within the EU, so it’s advisable to consult the relevant country’s regulations before packing up and leaving Germany.

To qualify for the permanent EU Residence Permit, you need to fulfil several requirements.

Firstly, you must have legally resided in Germany for at least five years. You should also be able to financially support yourself and your family members, to have a sufficient command of the German language and possess basic knowledge of the legal, social, and cultural aspects of life in Germany.

Lastly, you must have made compulsory or voluntary contributions to the statutory pension insurance system for a minimum of 60 months.

However, certain residence titles, such as those issued for educational purposes or specific humanitarian reasons, may not be eligible for the permanent EU Residence Permit.

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RESIDENCY PERMITS

‘Huge setback for non-EU workers’: Plan to make it easier to move around Europe fails

EU governments have failed to agree on a reform of EU long-term residence rules that would have made it easier for third-country nationals to move within the European Union.

Published: 8 March 2024 13:33 CET
Updated: 8 March 2024 21:34 CET
'Huge setback for non-EU workers': Plan to make it easier to move around Europe fails

Opposition to the planned changes from France and Belgium – which holds the rotating Presidency of the EU Council this semester – proved decisive. In the end negotiations reached a deadlock and the planned reform – which would essentially have made it easier for non-EU nationals to live and work in other Schengen area countries – was dropped.

German MEP Damian Boeselager, the lead negotiator for the European Parliament,  was left angry by the failure and shared the news this week with colleagues in the home affairs committee.

“This is a huge setback for everyone who hoped Europe would finally understand the necessity to update its migration laws and become more attractive for international talent,” he said.

“The long-term residence directive… was adopted first in 2003 and has not been updated since. But the Council was not willing to accept any of the substantial improvements that the European Commission proposed… Instead, it seems that one national government, in particular, threw all its negotiation power and size to build a blocking minority,” he added.

“I am of course super sad for all the work that has been put into this… But I think the real tragedy lies outside this house and that is, in two different areas.

“First, for the millions of third-country nationals already living in Europe who would have been subject to the improvements, but also for all those who are considering to come to Europe and now might decide against it. And second, for the thousands of businesses and start-ups that hoped that there would be easier procedures and less waiting times and who have been deprived of the chance to make Europe more competitive.”

Little-known EU residence status

Under a little-known EU law, third-country nationals can acquire EU-wide long-term residence if they have lived ‘legally’ in an EU country for at least five years. They also must not have been away for more than 6 consecutive months and 10 months over the entire period. (British citizens covered by the Withdrawal Agreement benefit from different rules on absences in comparison to permanent residence, but it is not clear what impact they would have on qualifying for EU long term residence. We are seeking clarification.)

In addition, they have to prove to have “stable and regular economic resources”, health insurance and can be required to meet “integration conditions”, such as passing a test on the national language or culture.

In theory the status, which was created to “facilitate the integration” of non-EU citizens who live in the EU on a long-term basis, grants some free movement rights. However, in practice, this is not the case as different rules on residency apply in each EU country and most applicants are simply unaware the EU status exists.

In an interview with The Local last year, Damian Boeselager, a member of the Greens/European Free Alliance group in the European Parliament, said that free movement for non-EU citizens was still an “illusion”.

“The truth is that Europe needs labour migration in all areas and all skill levels and therefore, if we want to be more attractive, we should make it easier (for non-EU citizens) to move from one member state to the next,” he argued.

In 2020, 23 million third country nationals – 5 percent of the EU’s population- were living in EU member states. Of these, more than ten million held a long-term or permanent residence permit.

INTERVIEW: Why it must be made easier for non-EU citizens to move around Europe

‘Time was against us’

The European Commission had proposed in 2022 to simplify EU long-term residence rules. Under proposed measures, non-EU citizens would have been able to cumulate residence periods in different EU countries to reach the 5-year requirement, instead of resetting the clock at each move. The plan would have meant all periods of legal residence would have been fully counted towards the 5 years, including those spent as students, beneficiaries of temporary protection or on temporary grounds – which is currently not the case.

Integration tests should not have been too burdensome or expensive, nor should they have been requested for long-term residents’ family reunifications. The Commission had also proposed to extend from 12 to 24 months the possibility to leave the EU without losing the status, with facilitated procedures to re-acquire it after longer absences.

READ ALSO: What is the EU’s plan to make freedom of movement easier for non-EU nationals?

The Commission’s proposal had to be agreed by the European Parliament and Council, which is made of representatives of national governments.

The Parliament supported the Commission and sought to further relax rules, asking to cut the residency requirement to obtain EU long-term residence from five to three years.

But when it came to the EU Council it proved harder to reach an agreement.

The representatives of EU governments only agreed to cumulate residence periods of up to two years in other member states and only in certain circumstances, such as for EU Blue Cards or other permits for highly qualified employment.

EU governments also wanted to continue requiring “integration conditions” and to “assess the situation of their national labour markets.”

The Council and the Parliament had to reconcile their positions to agree the final text of the law. But after months of discussions, the Belgian Presidency said this week there was not “enough support” from EU member states to continue talks.

Belgium’s Secretary of State for Asylum and Migration, Nicole De Moor, said: “We have to realise that time is against us on this subject. We are nearing the end of the legislative term… we had a lot of discussions, but unfortunately at this point in time the water is too deep.”

A key factor of disagreement was the possibility to cumulate residence periods in different EU member states. France in particular was against it as this would have clashed with the idea of integrating long term into French society, an EU diplomat told The Local.

Other countries were concerned by the ability to exchange information to verify residence periods. Austria, on its part, was against the inclusion of family members in the scope of the directive.

Overall, The Local understands, with the European elections looming there was not appetite among EU governments to relax such measures.

What happens next

The file could now remain pending until another presidency puts it back on the Council agenda, but this is unlikely to happen soon, as the next Presidencies will be held by Hungary and Poland. The European Commission could also decide to withdraw the proposal with a view of presenting a new one, but that won’t happen until the next Commission takes office.

The article is published in cooperation with Europe Street News.

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