Freedom of movement, EU citizen rights, and practical implications for families abroad

You live with your family in South Africa, Argentina or the USA – and someone has told you that you might be entitled to German citizenship. Perhaps through a grandparent who left Germany decades ago. Perhaps through a history of persecution during National Socialism. The question that then arises is not just „Can I get German citizenship?“ – but above all: „What specifically does it bring me and my family?“

This is a legitimate question. Because an application for status determination or naturalisation involves effort: obtaining documents, filling in forms, and sometimes waiting months for official responses. Whether it's worth it depends on what you actually get at the end with the German passport.

Note: This article is for general information only and does not replace individual legal advice. Nationality law is complex and the legal situation in individual cases can deviate significantly from the principles presented here. For your specific situation, please consult a lawyer experienced in nationality law.

1. The German passport: One of the strongest in the world

Anyone who holds German citizenship is entitled to a German passport. And for years, this passport has been one of the most powerful travel documents in the world.

In the current Henley Passport Index (As of 2025/2026) the German passport holds one of the top spots. German nationals are currently able to travel to around 189 to 194 countries travel visa-free or with a visa on arrival, depending on the counting method. This puts Germany on par with France, Italy and Spain and just behind Singapore, Japan and South Korea.

What does that mean in practice? No complicated visa procedures before business trips to Japan. No appointment at the embassy before a family holiday in Brazil. No uncertainty about whether the visa application will be processed in time. For families who travel internationally regularly, this makes a significant difference to their daily lives.

2. Freedom of Movement in the EU: More Than Just the Freedom to Travel

German nationality is simultaneously the key to Union citizenship. Every national of an EU Member State is automatically also an EU citizen (Art. 20(1) TEU). And EU citizenship comes with a bundle of concrete rights that go far beyond freedom of movement.

Freedom of movement under Article 21 TFEU

EU citizens have the right to move and reside freely in any of the 27 EU member states. This right is set out in Directive 2004/38/EC (the Free Movement Directive). In practice, this means:

• No visa, no work permit: You are allowed to live, work, study, or start a business in any EU country without a separate permit.
• Family reunification Non-EU family members (spouses, minor children) can also acquire a derived right of residence under certain conditions – an important point for internationally composed families.
• Stay of over three months: Under Article 7 of Directive 2004/38/EC, it is sufficient to be economically active, to have sufficient resources, or to be enrolled at an educational establishment.
• Right of permanent residence After five years of continuous lawful residence in an EU Member State, a right of permanent residence arises, which is generally not subject to any further conditions.

These rights apply beyond the EU to the EEA states Iceland, Liechtenstein and Norway, and – based on bilateral agreements – with restrictions in Switzerland.

3. Concrete Benefits for Families Abroad

Healthcare

With the European Health Insurance Card (EHIC) EU citizens are entitled to medically necessary treatment when temporarily staying in other EU countries, under the same conditions as locals. German citizens who fall ill while on holiday in Spain will be treated by the public health system without needing to have previously taken out travel health insurance.

Important: The EHIC covers necessary treatments during temporary stays – not full healthcare for permanent residency. Those moving to another EU country must take out regular health insurance there.

Education and study

EU citizens generally pay the same tuition fees as domestic students at public universities in EU member states. In many countries – such.

In addition, access to the Erasmus+A programme that has enabled more than three million students to study abroad since its launch.

Consular protection

Anyone who, as an EU citizen, is staying in a non-EU country in which their own country No message or no consulate may seek assistance from the diplomatic mission of any other EU Member State (Art. 23 TFEU). This is a subsidiary right – it applies when their own country is not represented locally. For families travelling or living in remote regions, this can be an important safety net.

Voting rights and political participation

EU citizens have the right to participate in municipal elections and elections to the European Parliament in the EU Member State where they reside – even if they are not nationals of that country. A German national living in the Netherlands, for example, is entitled to vote there in municipal and European elections.

Property rights and economic freedom

EU citizens can acquire property in any EU member state without needing to obtain additional permissions. In contrast, non-EU citizens face considerable restrictions in some countries. The establishment of a company in another EU country is also generally open to EU citizens under the same conditions as domestic citizens.

4. Passing on to the next generation: What families need to know

German nationality is generally passed down by descent (ius sanguinis, When a parent is German at the time of the child's birth, the child acquires German nationality – regardless of where it is born.

However: there is an important restriction, the so-called „Generational divide“ (§ 4(4) Nationality Act).

If the German parent was also born abroad after 31.12.1999 and at the time of the child's birth, also has his habitual residence abroad, the child acquires German nationality not automatically – provided that they acquire another nationality by birth.

Exception: The child acquires German nationality retroactively if the parents within a year of birth at the relevant registry office or at the relevant German mission abroad to apply for the registration of a birth in the birth register (§ 36 Civil Status Act). These Annual period is mandatory – if missed, the child will lose their nationality.

For families living abroad, this is one of the most important deadlines in all of nationality law. Those who miss it cannot make up for the decision.

5. Dual nationality: no longer an obstacle since 2024

Until the citizenship law reform, which on 27 June 2024 When it came into effect, naturalisation applicants were generally required to renounce their previous nationality in order to obtain German citizenship. This obligation to renounce was a decisive obstacle for many people – especially for those who felt connected to their country of origin.

Since 27 June 2024, the Dual nationality is generally permissible. Those who become naturalised no longer have to give up their previous nationality. And those who already possess German nationality do not lose it by acquiring another nationality.

For families abroad, this means that German citizenship can be acquired or established without losing their existing passport. The children can grow up with both citizenships.

6. Comparison: With and without German citizenship

The following table illustrates the practical difference that German citizenship – and therefore EU citizenship – can make in everyday life:

Area	Without German/EU citizenship	With German / EU citizenship
Travel	Visa required for many countries; complex application procedures	Visa-free in approx. 190 countries; one of the strongest passports worldwide
Living & Working in the EU	Residence and work permit required; limited in time	Unrestricted right to reside and work in 27 EU states + EEA
Study in the EU	International fees; restricted access to scholarships	Domestic fees; Access to Erasmus+ and EU funding programmes
Healthcare	Travel medical insurance required	EHIC for temporary stays in EU countries
Family reunification	Complex immigration procedures	Derived right of residence for family members under Directive 2004/38/EC
Passing on to children	Cancelled	Automatic acquisition by descent (§ 4 para. 1 StAG); observe the one-year time limit for births abroad
Multiple nationality	Varies depending on the country of origin	Generally permissible since 27.06.2024
Consular protection	Own message only	Every EU embassy as a secondary point of contact

 

7. Paths to German Citizenship at a Glance

German citizenship can be acquired or established in various ways. The most important ones for families abroad are:

• Descent (§ 4 StAG): A child with a German parent is generally German from birth, regardless of where they were born. Special provisions apply in cases of birth abroad, as detailed above.
• Reparation naturalisationArticle 116 Article 2 (2) of the Basic Law (Grundgesetz). Descendants of persons who were deprived of their German citizenship between 1933 and 1945 for political, racial, or religious reasons have a claim to naturalisation.
• Acquisition of explanation§ 5 StAG): Individuals born as legitimate children to a German mother and a foreign father before 01/01/1975 can acquire citizenship through a declaration. Further grounds for declaration exist for children who, under previous legal provisions, did not acquire German citizenship.
• Naturalisation§ 10 StAG): Since 27.06.2024, naturalisation is already possible after five years of legal residence in Germany; after three years for those with special integration achievements.
• Re-naturalisation§ Section 15 StAG): Former German nationals who have lost their nationality can be naturalised again under certain conditions. This also applies to descendants of victims of Nazi persecution in specific situations.

Which path is considered depends on the individual case: the family history, the time of birth, the place of residence, and previous nationality.

8. When a lawyer helps

Not every case is complicated. But nationality law is an area of law where small details can have major consequences. A missed one-year deadline for registering a birth abroad, a wrong application route, an overlooked ground for loss of citizenship – such errors are difficult or impossible to correct afterwards.

A lawyer experienced in nationality law can assess whether a claim exists and by what means, what documents are required, and how an application should be submitted so that it can be processed efficiently by the competent authority – in most cases the Federal Administrative Office (BVA).

The law firm Rechtsanwalt Tieben in Cologne advises and represents clients in matters of nationality law – including applications under § 5 StAG, Art. 116 para. 2 GG, and § 15 StAG. For an initial assessment of your case, you can contact us directly.