COM_JOOMLAW_PARAGRAPH_BACK_TO_ACT_PREFIXFreedom of Movement Act/EU

(1) EU citizens and their dependants entitled to freedom of movement shall have the right to enter and reside in the federal territory pursuant to this Act.

(2) The following persons are entitled to freedom of movement under Union law:

1. EU citizens who wish to reside in the federal territory as employees or to carry out vocational training,

1a. EU citizens seeking work, for a period of up to six months and exceeding this period only if they can prove that they continue to seek work and have reason to believe that they will find it,

2. EU citizens who are entitled to pursue an independent economic activity (established self-employed persons),

3. EU citizens who, without taking up residence in the federal territory, wish to render services as self-employed persons pursuant to Article 57 of the Treaty on the Functioning of the EU (service providers), provided that they are entitled to provide the services concerned,

4. EU citizens as the recipients of services,

5. EU citizens who are not gainfully employed, subject to the requirements of Section 4,

6. dependants, subject to the requirements of Sections 3 and 4,

7. EU citizens and their dependants who have acquired the right of permanent residence.

(3) The right pursuant to subsection 1 shall remain unaffected for employees and self- employed persons in the event of

1. a temporary reduction in earning capacity as a result of illness or an accident,

2. involuntary unemployment confirmed by the competent employment agency or the cessation of a self-employed activity due to circumstances over which the self- employed person had no influence, after more than one year of activity,

3. the person concerned taking up vocational training, where a connection exists between the training and the former economic activity; such a connection is not necessary where the EU citizen has lost his job involuntarily.

In the case of involuntary unemployment confirmed by the employment agency after a period of employment of less than one year, the right pursuant to subsection 1 shall remain unaffected for a period of six months.

(4) EU citizens shall not require a visa in order to enter the federal territory or a residence title in order to stay in the federal territory. Dependants who are not EU citizens shall require a visa in order to enter the federal territory according to the provisions for foreigners to whom the Residence Act applies. Holders of a valid residence card issued by Germany or another member state of the European Union pursuant to Article 5 (2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, amending regulation (EEC) no. 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ EU L 229, p. 35) shall be exempted from the visa obligation.

(5) The possession of a valid identity card or passport shall be sufficient for a stay by EU citizens of up to three months. Dependants who are not EU citizens shall have the same right if they are in possession of a recognized or otherwise approved passport or passport substitute and if they accompany the EU citizen or subsequently immigrate to join the EU citizen in the federal territory.

(6) No charges shall be imposed for issuance of the visa.

(7) If the authorities have established that the person concerned has used forged or falsified documents or presented false information to mislead them into believing that one of the requirements has been met, they may determine that the entitlement pursuant to subsection 1 does not exist. If it has been established that a dependant who is not an EU citizen does not subsequently immigrate to the federal territory to join the EU citizen or does not accompany the EU citizen so that they can live together as a family, the authorities may also determine that the entitlement pursuant to subsection 1 does not exist. In such cases, dependants who are not EU citizens may be denied a residence card or visa, or the residence card may be withdrawn. Decisions taken pursuant to the first to third sentences shall be made in writing.

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