COVID-19: Can a EU residence permit holder who is stuck in another EU Country return to his homeland?

A European residence permit issued by one EU Country automatically entitles its holder to travel around Europe for business & private purposes. If the travelling country has a lock down, can the holder still travel back to his EU home country?

Before answerring the aforementioned question, you have to remember that Germany has introduced travel restrictions for entries from outside the Schengen area on the 17th March 2020, in force of the European Notification of the 16th March 2020 ("Guidelines for border management measures to protect health and ensure the availability of goods and essential services").

All corresponding entries from non-EU-citizens and citizens of non-Schengen States by plane or ship will be affected. This is without prejudice to the right of German nationals to enter Germany.

Citizens of EU Member States and their families, as well as citizens of the United Kingdom, Norway, Iceland, Liechtenstein, and Switzerland and their families are allowed to travel through Germany to reach their home country, just in case no other travel connection is possible. They will also be allowed to enter if their home or legal residence is in Germany. Other people will be probably rejected, if they cannot provide proof of urgent reasons for their entry.

Moreover, temporary borders controls have been introduced between Germany and France, Austria, Switzerland, Luxemburg and Denmark from Monday, the 16th of March 2020, at 8:00 a.m.

Thus premised, what happens if a Europena citizen or a permanent resident Permit holder is temporarily located within a European Member State.

The European Union has ruled on this point, establishing that holders of a European permanent resident permit have the right to go back to their motherland (namely the Member State of which they are permanent residents), if they are temporarily in another EU Member State for business or tourist purposes.

This general rule applies to all persons with the right of residency in a Schengen Member State. Therefore it is not valid for Ireland, Bulgaria, Croatia, Romania and Cyprus, and additionally Iceland, Liechtenstein, Norway and Switzerland.

 

Warning: Please be aware that the abovementioned information has last been updated on Wednesday, the 8th of April 2020.

Please always rely on official sources with regard to news updates.

 

Please do not hesitate to contact us if you need additional information or support with this or a similar emergency situation.

Dwyer Legal Law Firm, Schwanthalerstr. 13, Aufgang IV, 80336 Munich
Tel: +49 (0)89 24 88 14 310, www.dwyer-legal.com

Note: Information provided in this Knowledge Database is for orientation only and not binding.