COM_JOOMLAW_PARAGRAPH_BACK_TO_ACT_PREFIXFreedom of Movement Act/EU

(1) EU citizens or their dependants shall be required to leave the federal territory if the foreigners authority has established that no entitlement to entry and residence exists. The notice shall include a deportation warning and set a time limit for departure. Except in urgent cases, the time limit shall be at least one month. If an application is filed pursuant to Section 80 (5) of the Code of Administrative Court Procedure, deportation must not take place before a decision is reached on the application.

(2) EU citizens and their dependants who have lost their entitlement to freedom of movement pursuant to Section 6 (1) shall not be permitted to re-enter and stay in the federal territory. EU citizens and their dependants who have been found not to be entitled to free movement pursuant to Section 2 (7) may be denied the right to re-enter and stay in the federal territory. In particularly serious cases, they should be denied the right to re-enter and stay in the federal territory, especially if they have repeatedly misled the authorities into believing that they meet the requirements for entry and residence or if their stay severely harms the public order and security of the Federal Republic of Germany. Where a decision is taken in line with the second and third sentences, Section 6 (3), (6) and 8 shall be applied accordingly. The ban pursuant to first to third sentences shall be temporary ex officio. The time limit shall be determined in view of the circumstances of the individual case and may exceed five years only in the cases of Section 6 (1). The time limit shall begin when the person concerned leaves the federal territory. An application for the ban to be lifted or reduced which is filed after a reasonable period or after three years shall be decided upon within six months.

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