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How to get a "freedom of movement certificate"

Requirements for a Freizügigkeitsbescheinigung

Toytown Germany > Discussion forum > Germany-wide > Visas/permits
gerrymc
Hi guys,
Have moved over here to be with my daughter and the mother, and keep getting told that i must have one of theses certificates.
Have gone to the correct department to obtain one only to be told they cant give me it because:

My child has a UK birth certificate, so they cant take this as prof of my equal parenting rights. But seemed good enough for the German passport agency to issue daughter with a German passport. Mother is also German.
They wont give me one even though I am from London and part of the EU.

They seem to be fobing me off here, the office itself is in Halle and dont seem to have many dealings with this type of thing.

Any advice more than welcome guys.

Sorry about the grammer i am currently watching daughter aswell and she is crawling all over the place.

Kind Regards

Gerry
maekelborger
From your post it's a little hard to work out just what it is you want. If it's a "Freizügigkeitsbescheinigung" (that says you are an EU citizen and therefore have right of free movement and abode) then this is sometimes useful to have, but is not essential. Regardless, the local "Ausländerbehörde" (foreign nationals office) should be able to provide one if you take your passport and your "Meldebestätigung" (proof of registration of address) along. If they say they can't then ask them who can. If they say no-one then they're lying.

For Halle then the contact details for the Ausländerbehörde are given at http://www.halle.de/index.asp?MenuID=453 - it might be worth phoning first to check exactly what they want before traipsing down there.

Regarding the equal parenting rights, unless you are married then you need to apply for "Sorgerecht" (right of custody/care) for the child - by default in Germany only the mother has this in the case of unmarried parents. For Halle then http://www.halle.de/index.asp?MenuID=2437 tells you where and how to sort that one out.
Mr_Business
i'm a uk native living in berlin and i got my freizugigkeitsbescheinigung from the local burgeramt (town hall) - it's a one page application, very easy to fill in and all the supporting evidence i was required to take along was not even asked for...they just used my passport and address registration and printed the thing off straight away. easy peasy!
gerrymc
Thats it guys you are spot on with the Freizügigkeitsbescheinigung. Thats what im after, but this woman in the Halle office keeps telling me that my passport and proof of residency are not enough. She says she will only give me the certificate if I prove im my childs father. Now thats not right is it?
UrbanAngel
3 TT threads covering the Freizügigkeitsbescheinigung. Maybe you can read about other people's experiences there.
maekelborger
It sounds like the woman your local office is being a jobsworth and demanding all the possible paperwork instead of just dishing out the certificate like most of them seem to do.

The Freizügigkeitsbescheinigung is defined under §5 of the "Gesetz über die allgemeine Freizügigkeit von Unionsbürgern (Freizügigkeitsgesetz/EU - FreizügG/EU)" (see http://www.aufenthaltstitel.de/freizuegigkeitsgeu.html#5). According to that, the issuing office may depending on the circumstances (which I won't go into tedious detail of) issue the Freizügigkeitsbescheinigung having seen a national ID card or passport and one of
  • proof of employment (or job-seeker status)
  • proof of self-employed status
  • proof of health insurance and income or savings

alternatively if there is a relationship with a German resident then they may choose to accept
  • a proof of the relationship (certificate)
  • a Freizügigkeitsbescheinigung for the relation
  • a proof of the (civil) partnership


I guess the woman in the office is trying to sort you out under the first point of the second list (and is therefore technically correct) as you should have a certificate for that (birth certificate and/or German Vaterschaftsanerkennung).

It may however be easier for you to present one of the documents from the first list to support your claim. If you start quoting the Gesetz (preferably correctly, and referring to it by its short name FreizügG/EU) then the authorities will probably come round to your way of thinking quicker wink.gif

If you really can't provide any of the proofs then just leave it for the minute until you can (e.g. once you've got a job) as in general the Freizügigkeitsbescheinigung is a worthless bit of paper.
jeremyhay
Maekelborger is correct in my experience - but there is a widely held view
in Toytown that you do not really need a Freizügigkeitsbescheinigung.
Recently I was asked for one when registering a car and also when applying for
a license to run a small business - Gewerbeschein.
I think Gerrymc is right - the woman is out of order.
EU law allows free movement (but not "benefit tourism") of EU citizens (from the "old" EU)
who are able to support themselves.
If you are "angemeldet" (registered) at a particular address and have evidence that you can support yourself
financially and have Krankenversicherung then you cannot be refused.
This sounds like a former DDR stupidity.
At a practical level. wait until you need a Freizügigkeitsbescheinigung and threaten them
with an Anwalt if this nonsense continues.
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