Freizügigkeitsbescheinigung: abolished in 2013 – what applies today

Before: Until early 2013, the Ausländerbehörde offices issued EU citizens with a Freizügigkeitsbescheinigung ex officio. It was purely declaratory – it did not create any right, but merely confirmed what applied anyway. That is precisely why the legislature abolished it: the administrative effort was out of all proportion to the benefit, and the certificate gave employers, landlords and banks the false impression that EU citizens needed official permission for their residence.

Since 29 January 2013: The Freizügigkeitsbescheinigung has been abolished without replacement. There is no transitional arrangement and no successor document for EU citizens – old certificates that are still kept among your documents have no independent evidential value, because they merely reflected a legal position that has followed from the law anyway ever since. Anyone who books an appointment at the Ausländerbehörde today for a “Freizügigkeitsbescheinigung” will be sent away without a document.

What takes its place today: The residence of EU citizens is proven by their identity card or passport and the Meldebescheinigung. The Anmeldung at the Bürgeramt (citizens’ office) is therefore the only official procedure that most EU citizens actually have to complete after moving here – under § 17 Abs. 1 of the Federal Act on Registration (Bundesmeldegesetz, BMG), it is an obligation within two weeks of moving in. The registration authority can already accept the information and proof needed to substantiate freedom of movement during the Anmeldung and forward them to the Ausländerbehörde (§ 5 Abs. 2 FreizügG/EU).

Important for non-EU nationals: Anyone who is neither an EU citizen nor a family member of an EU citizen does not fall under the FreizügG/EU at all, but under the Residence Act (Aufenthaltsgesetz, AufenthG), and needs a residence title. Swiss nationals, in turn, fall neither under the FreizügG/EU nor under the standard residence titles: for them, the EU–Switzerland Agreement on the Free Movement of Persons of 21 June 1999 and § 28 of the Ordinance Governing Residence (Aufenthaltsverordnung, AufenthV) apply (residence permit for Swiss nationals, Aufenthaltserlaubnis-CH). Both cases are explained in detail below under “Important notes”.

Where the €46.00 comes from: § 47 Abs. 3 Satz 1 and 3 AufenthV provides that the residence card and the permanent residence card cost as much as an identity card for Germans, and thus refers dynamically to § 1 Abs. 1 of the Ordinance on Identity Card Fees (Personalausweisgebührenverordnung, PAuswGebV). Since 7 February 2026, the identity card fee has been €46.00, and €27.60 for persons who are not yet 24 years old at the relevant time. Older information stating €37.00 and €22.80, which is still widely circulating online, is out of date – and because the reference is dynamic, the card fees change automatically with every change to the identity card fee.

Not to be confused with the costs of a residence title: Third-country nationals without a family member who is an EU citizen pay €100.00 under § 45 Nr. 1 AufenthV for the issue of a residence permit (Aufenthaltserlaubnis), an EU Blue Card (Blaue Karte EU) or an ICT Card (ICT-Karte), and €93.00 or €96.00 for an extension. The documents under the FreizügG/EU are therefore considerably cheaper, because they only certify an already existing right and do not grant permission.

Budget for additional costs: The fee itself is rarely the largest item. Certified translations of foreign civil status documents, apostilles, the digital photograph and, where applicable, a Meldebescheinigung subject to a fee come on top; how much these cost varies depending on the local authority and service provider. Ask before your appointment whether the authority expects a bank transfer in advance – in that case, the application only counts as ready for processing once the payment has been received.

The first three months: For a stay of up to three months, a valid identity card or passport is sufficient; there are no further requirements. § 2a Abs. 1 Satz 2 FreizügG/EU expressly provides for this; the provision implements Article 6 of the Citizens’ Rights Directive 2004/38/EC (“EG” in German citations). Under Satz 3, the same applies to family members who are not EU citizens if they hold a recognised or otherwise permitted passport or passport substitute and accompany or join the EU citizen. For entry, however, they generally need a visa, which is issued free of charge; a valid residence card exempts them from this, including one issued by another EU or EEA (EWR) state (§ 2a Abs. 2 and 3 FreizügG/EU). After expiry of the three months, the competent Ausländerbehörde can require you to substantiate the requirements for freedom of movement under § 5 Abs. 2 FreizügG/EU.

Who is entitled to freedom of movement? § 2 Abs. 2 FreizügG/EU provides an exhaustive list: employees and persons in vocational training; jobseekers for up to six months, and beyond that for as long as they can prove a genuine chance of being hired; established self-employed persons; providers and recipients of services; EU citizens who are not economically active, subject to the requirements of § 4; family members under §§ 3 and 4; and persons with a right of permanent residence. Contrary to a widespread account, “student” is not a separate legal category – students fall under EU citizens who are not economically active and must therefore prove adequate health insurance coverage and sufficient means of subsistence (§ 4 FreizügG/EU).

Unemployment and illness do not automatically change your status: Under § 2 Abs. 3 FreizügG/EU, the status of employee or self-employed person is retained in the event of temporary reduced earning capacity as a result of illness or accident. In the case of involuntary unemployment confirmed by the competent Agentur für Arbeit (employment agency) after more than one year of employment, it is retained permanently; after employment of less than one year, it is retained for six months. Vocational training related to the previous employment also preserves the status. Have the Agentur für Arbeit confirm your involuntary unemployment in writing – without this evidence, you have no proof.

Right of permanent residence after five years: After five years of continuous lawful residence in the federal territory, the right of permanent residence under § 4a FreizügG/EU arises – regardless of whether you are economically active at that moment. It is the most stable status that EU citizens can achieve, and it is certified without delay on application. Do not confuse it with the EU long-term residence permit (Erlaubnis zum Daueraufenthalt – EU) under § 9a AufenthG: that permit is aimed at third-country nationals and has completely different requirements and fees.

Swiss nationals follow their own regime: They are not simply treated in the same way as EU citizens. § 12 FreizügG/EU expressly extends the Act only to the EEA (EWR) states Iceland, Liechtenstein and Norway. For Swiss nationals, the Agreement on the Free Movement of Persons between the European Community and its member states, of the one part, and the Swiss Confederation, of the other part, of 21 June 1999 applies. They are exempt from the requirement to hold a residence title but, insofar as the Agreement provides for a certificate of the right of residence, they receive a declaratory residence permit, the Aufenthaltserlaubnis-CH, under § 28 AufenthV – on application as a document with a chip. Its fee also corresponds to the identity card fee, i.e. €46.00, or €27.60 for persons under 24; reductions and exemptions are governed by § 52 Abs. 2 AufenthV.

British nationals after Brexit: Since the United Kingdom’s withdrawal, British nationals are no longer EU citizens. For persons protected by the Withdrawal Agreement, § 16 FreizügG/EU provides for a separate document, the Aufenthaltsdokument-GB (residence document for British nationals); the fee rules can also be found in § 47 Abs. 3 AufenthV. Anyone who only moved to Germany after the end of the transition period, on the other hand, falls under the general Residence Act and needs a regular residence title.

Loss of the right of free movement: The right of residence does not end simply because the requirements cease to be met – a formal determination of loss under § 5 Abs. 4 and § 6 FreizügG/EU is required. This can be considered if the requirements for freedom of movement are not met, or are no longer met, within five years of entry, or on grounds of public policy, public security and public health. Appellate remedies are available against the determination of loss; anyone who receives a corresponding hearing letter should respond within the deadline and submit their proof instead of leaving the letter unanswered.

What the permanent residence certificate is useful for in practice: In procedures such as naturalisation, in the examination of entitlement to social benefits, for loan applications or when concluding long-term contracts, EU citizens must demonstrate their right of residence. With the certificate, you avoid having to submit entire chains of proof made up of employment contracts and registration history. It is not mandatory – nobody may demand that it be presented as a requirement for residence itself.