Information concerning the elimination of the Residence Notification
No consequences on rights of freedom of movement
Based on the modification of the Law on the Freedom of Movement/EU, from 29.01.2013 on no notifications on the community residence entitlement (Residence Notifications) will be issued anymore.
This legal modification shall lead to less administrative burdens but does not limit in any way the rights on the freedom of movement of EU-citizens (citizens from EU-member states) and citizens from EEA-states (Island, Liechtenstein and Norway).
Apart from that, the Residence Notification (which was anyhow only of declaratory value) was also before not necessary for the exercise of rights or for the fulfillment of administrative formalities.
Possession of the Residence Notification not necessary
For this reason the so-called “Directive on Union-citizens” of the European Parliament and the Council from 29.04.2004 (Directive 2004/38/EG) shall be pointed out. This directive regulates the conditions for the right of movement and residence within the European Union.
Article 25 of this directive indicates that the exercise of a right or the fulfillment of administrative formalities must under no circumstances made dependant on the possession of a Residence Notification in the case that this right may also be validated by another proof (f.e. working contract or document on self-employment or certification on sufficient subsistence resources or health insurance).
In consequence also before the elimination of the Residence Notification it was up to the respective authorities to decide themselves within the processing of applications if a right of freedom of movement applies.
The beginning of an employment as well was and is still permitted to all citizens of the Union and of EEA-states also without a Residence Notification. Citizens from Bulgaria and Romania normally still need a working permit-EU issued by the Federal Labor Office (“Bundesagentur für Arbeit”) for beginning an employment until 31.12.2013 but no Residence Notification.
Elimination without substitution
The Residence Notification is eliminated without substitution. In consequence, the Foreigners’ Authority neither issues other notifications on a present right of freedom of movement. In the case that you are requested to submit a certification of the Foreigners’ Authority to prove a present right of freedom of movement please refer to this information sheet.