Spouse of an EU Citizen in Germany: Residence Rights Under the FreizügG/EU

If your husband or wife is a citizen of an EU or EEA state living in Germany, your route into the country does not run through the German Residence Act. Family members of EU citizens derive their rights from EU free movement law, implemented in the Freizügigkeitsgesetz/EU (FreizügG/EU) — a regime with no language tests, no income thresholds of its own and modest fees. This guide explains entry, the residence card (Aufenthaltskarte), work rights and what happens if the marriage ends.

Free Movement Instead of the Residence Act

EU citizens exercising free movement in Germany — as workers, self-employed persons, students or economically self-sufficient persons — may be accompanied or joined by their family members, whatever the family member’s nationality. As a spouse you are covered in your own right; so are your children and grandchildren under 21 or dependent, and dependent parents and grandparents of either spouse. The Residence Act applies to you only in fragments; the general requirements of § 5 AufenthG, including the livelihood test, do not.

Entering Germany

If your nationality requires a visa for Germany, you apply for an entry visa at the German consulate. For family members of EU citizens the visa must be issued through an accelerated procedure and free of charge; you show your passport, the marriage certificate and your spouse’s EU identity and residence in Germany. Nationals of visa-free states can simply enter for up to three months with just a valid passport.

The Residence Card (Aufenthaltskarte)

For stays beyond three months, you report to the Ausländerbehörde, which issues the Aufenthaltskarte für Familienangehörige von Unionsbürgern. Practical points:

The card is declaratory: your right of residence flows from the law, not from the card. The card proves it.
It is normally issued for five years.
The documentation requirements are narrow — essentially identity, the family relationship and your spouse’s free-movement status. Language certificates and income proof of the kind required under § 30 AufenthG have no place here.

Working in Germany

From the moment your residence right exists, you may take up any employment or self-employment. No approval of the Federal Employment Agency is required, and no restrictions may be entered on the card. Spouses of EU citizens are, in employment terms, in the same position as EU citizens themselves.

Permanent Residence

After five years of continuous lawful residence with the EU citizen in Germany, you acquire a permanent right of residence (Daueraufenthaltsrecht, § 4a FreizügG/EU) and can request the permanent residence card. Absences of up to six months per year — longer for important reasons such as childbirth, serious illness or posting abroad — do not interrupt continuity.

Divorce, Separation and Death

The right of residence is linked to the marriage, but EU law protects established lives:

After divorce, you retain your right of residence in particular where the marriage lasted at least three years before divorce proceedings began, including one year in Germany, or where custody of the EU citizen’s children or particularly difficult circumstances (for example domestic violence) so require. Retention generally presupposes that you work, are self-employed or have sufficient resources.
If the EU citizen dies, family members who lived with them in Germany for at least a year keep their residence right under similar conditions.

One Important Exception: Spouses of Germans

Free movement law does not apply to family members of German citizens living in Germany — their route is § 28 AufenthG. An exception exists for “returning Germans”: where a German has genuinely exercised free movement in another EU state and the family life was created or strengthened there, EU-law standards apply on the family’s return to Germany. These cases are fact-sensitive and worth expert assessment.

Frequently Asked Questions

Do I need to pass a German language test? No. The A1 requirement of the Residence Act does not apply to family members of EU citizens.

Does my spouse need a minimum income for me to join them? There is no fixed income threshold. Your spouse must be exercising free movement — as a worker, self-employed person, student or with sufficient resources and health insurance. Modest earnings from genuine work are enough.

How long does the Aufenthaltskarte take, and may I work while waiting? Your right to reside and work exists by law, not by card. The card itself commonly takes some weeks to produce.

We are in a registered partnership, not a marriage. Am I covered? Registered partners are treated as family members where the partnership is equivalent to marriage; same-sex spouses are covered as spouses. The details depend on where the partnership was concluded — take advice if in doubt.

What happens to my status if we divorce? You may retain your residence right — most importantly after three years of marriage including one year in Germany, or where custody or hardship considerations apply. Do not leave the assessment until after the divorce; the conditions are best secured early.

Last reviewed: August 2026 — RAin Fiona Macdonald

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