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Apply for a permanent residence card for family members of EU citizens entitled to freedom of movement

Service Description

If you are a third-country family member of a national of the European Union (EU) or of a state of the European Economic Area (EEA: Norway, Iceland and Liechtenstein) and have resided lawfully in Germany for a period of five years with your family member who is entitled to freedom of movement, you can obtain a permanent residence permit irrespective of whether the conditions under EU law continue to be met and apply to the Aliens' Registration Office for the issue of a permanent residence card.

The Aliens' Registration Office will check the duration and lawfulness of the periods of residence you have completed and will issue the permanent residence card within six months if the requirements are met.

"Lawful" is your five years of permanent residence if you have fulfilled the conditions under Union law for the free movement of third-country family members over a period of five years (for example, if you have held a residence card for five years).

Shorter periods of absence are irrelevant for the calculation of the period for acquiring the permanent right of residence. Thus, permanent residence can also be assumed if you leave the territory of the Federal Republic for a total of six months per year, to perform military service or alternative service, or for one time for up to twelve consecutive months for good cause (for example, due to a serious illness, studies or vocational training).

With the acquisition of the right of permanent residence, you receive an improved legal status, regardless of your nationality. In addition, the protection against expulsion is increased.

Under certain conditions, family members can also obtain the permanent right of residence independently of permanent residence with the reference person entitled to freedom of movement and before five years have elapsed (for example, if the reference person dies after at least two years of joint residence in Germany or as a result of an occupational accident/illness).

Process flow

  • Find out whether your foreigners authority allows you to apply online or has a special form available.
  • If the application can only be submitted in person, make an appointment at the Aliens' Registration Office. In the case of online application, the Aliens' Registration Office will contact you after receiving your information to schedule an appointment.
  • During the appointment, your identity and documents will be checked (please bring your documents, if possible in original, to the appointment).
  • If there are no reasons to the contrary, your fingerprints will be taken for the production of the permanent residence card. You will also be required to provide a signature.
  • The Aliens' Registration Office will order the production of the permanent residence card in credit card format from the Bundesdruckerei. After completion, you will receive information and can pick up the permanent residence card at the responsible office. The collection must always take place in person.
  • The permanent residence card is usually issued within six months.
  • If the issuance of a permanent residence card is refused, you will receive a notification.

Who should I contact?

The immigration authority responsible for the applicant's place of residence.

Competent authority

The immigration authority responsible for the applicant's place of residence.

Requirements

  • You are a family member of an EU or EEA citizen residing in Germany, but you do not possess any of these citizenships yourself.
  • You are a family member of a person with German citizenship, i.e. you are
    • spouse,
    • a life partner,
    • a relative in a straight descending line (for example, children) of the German or of the spouse/life partner who has not yet reached the age of 21 or who is dependent on the spouse/life partner, or
    • a relative in a straight ascending line (for example, parents and grandparents) of the German or of the spouse or civil partner who is being supported by them.
    • Please note: In the case of student reference persons, the circle of family members entitled to subsequent immigration is limited to spouses and life partners as well as children who are granted maintenance. You maintain a family relationship with the German (you do not necessarily have to live together for this).
  • You have resided permanently with your reference person in the Federal territory for a period of five years. Please note:
    • For the calculation of the time limit for the acquisition of the permanent residence right, shorter periods of absence are irrelevant. Thus, permanent residence can also be assumed if you leave the federal territory for a total of six months a year or to perform military service or alternative service, as well as once for up to twelve consecutive months for good cause (for example, due to a serious illness, studies or vocational training).
    • The reference period for the permitted six-month absence, is the period per year of residence, beginning with the anniversary of the start of residence.
    • You can acquire a permanent right of residence even before five years have elapsed if your reference person dies, for example, as a result of an accident at work or an occupational disease.
  • You have fulfilled the conditions under Union law for the free movement of family members who are third-country nationals for more than five years. You can assume this if the residence card was issued to you for a period of five years

Which documents are required?

  • Recognized and valid identity document (for example passport or passport substitute)
  • Current biometric photo in passport format (45 x 35 mm)
  • For minors: Consent of the persons entitled to custody to the planned stay (declaration of consent); if the parents entitled to custody cannot submit the application jointly for their child, a written power of attorney of the absent parent is required; if only one parent is entitled to custody, the signature of this parent is sufficient.

The immigration authorities may also require the submission of the following documents:

  • Proof of the continuation of the family relationship with the reference person (for example, marriage or birth certificate)
  • Proof that the reference person has exercised his/her right to freedom of movement for the required period of time (for example, confirmation of registration, employment contract or confirmation of employment, trade license or proof of self-employment)

In the case of residence with a non-employed reference person, the Aliens Department may also require:

  • Proof of sufficient means of subsistence
  • Proof of sufficient health insurance coverage (e.g. confirmation of health insurance coverage or insurance policy).

When staying with a reference person in the course of studies, the Aliens Department may also require:

  • University admission or enrollment certificate of the reference person.
  • Proof of sufficient means of subsistence
  • Proof of health insurance coverage (e.g. confirmation of health insurance coverage or insurance policy).

The documents and information must generally be submitted in German. In individual cases, the Aliens' Registration Office may request fewer or additional documents.

What are the fees?

The timing and form of fee collection and payment varies by agency.

Fee: 37,00 EUR
Payment in advance: No
for persons 24 years and older

Fee: 22,80 EUR
Payment in advance: No
for persons under 24 years

What deadlines do I have to pay attention to?

The required information and documents should be received by the Aliens' Registration Office at least 6 to 8 weeks before your residence card expires. Provided that no exceptional circumstances are met, the permanent residence card can be applied for at the earliest after a stay of five years.

The permanent residence card is issued for an unlimited period of time. Only the electronic card body is issued for a limited period and must be renewed at the end of its validity.

Processing duration

The processing time can vary depending on the workload of the Foreigners' Registration Office, but can take a maximum of six months.

It takes about 4 weeks to 6 weeks for the Bundesdruckerei to produce the permanent residence card.

Legal basis

Applications / forms

An appeal against the decision of the Foreigners' Registration Office may be filed with the court specified in the decision.

Appeal

  • Online procedure occasionally possible
  • Written form required: yes
  • Personal appearance required: yes

What else should I know?

  • The procedure is usually conducted in German.
  • Should you leave the territory of the Federal Republic of Germany for more than two consecutive years for a reason that is not merely temporary in nature, this will result in the loss of your permanent right of residence.
  • For nationals of Switzerland and the United Kingdom of Great Britain and Northern Ireland, other provisions apply.
  • All information provided to the Aliens Department should be correct and complete to the best of your knowledge and belief so that the request can be processed without major delays.
  • Incorrect or incomplete information may slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in a timely manner vis-à-vis the Aliens' Registration Office may result in the revocation of residence rights that have already been granted, a fine, a prison sentence of up to three years, or expulsion from the Federal territory.
  • Due to the complexity of residence and freedom of movement law, this description is for information purposes only and is not legally binding

Author

The text was automatically translated based on the German content.

Technically approved by

Thuringian Ministry for Migration, Justice and Consumer Protection

Professionally released on

30.03.2023

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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