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Apply for a certificate of permanent residence for EU/EEA citizens entitled to freedom of movement

Service Description

Citizens of the European Union (EU) and the European Economic Area (EEA: Norway, Iceland and Liechtenstein) do not generally need a residence title to enter and stay in Germany.

If you are an EU and EEA citizen and have resided lawfully in Germany for a period of five years, you can acquire a permanent right of residence. The permanent right of residence comes into being directly by operation of law. You can apply to the Aliens' Registration Office for a certificate of permanent residence.

Under certain conditions, you can acquire a permanent right of residence even before five years have elapsed, for example if you:

  • have resided permanently in the territory of the Federal Republic of Germany for at least three years, have been gainfully employed in Germany or in another member state of the European Union during the last twelve months, and have since retired from working life due to your age (reaching the age of 65) or due to an early retirement scheme;
  • have given up your profession practiced in Germany or in another member state of the European Union as a result of a full reduction in earning capacity which occurred as a result of an occupational accident or occupational disease and which gives rise to an entitlement to a pension in Germany;
  • have given up your occupation in Germany or in another Member State of the European Union as a result of a full reduction in earning capacity, after having previously resided permanently in Germany for at least two years, or
  • have been permanently employed in Germany for three years, but are now gainfully employed in another member state of the European Union, but still have a residence in Germany to which you return at least once a week.

The certificate of permanent residence is issued by the Aliens' Registration Office after it has checked whether you have achieved the required periods of residence in Germany. It is not necessary for you to have resided in Germany continuously for the required period. Certain absences from the federal territory are irrelevant for the acquisition of the permanent right of residence. For example, permanent residence can also be assumed if you leave the territory of the Federal Republic for a total of six months a year, to perform military service or alternative service, or for an important reason once for up to twelve consecutive months (e.g. due to a serious illness, studies, vocational training). Periods of serving a prison sentence that have not been suspended are not taken into account for the acquisition of the right of permanent residence.

If you have interrupted your stay in Germany for a longer period of time, it is not possible to add up previous and subsequent periods in order to reach the minimum period of residence required for the acquisition of the permanent right of residence.

If necessary, the Aliens' Registration Office can also check the lawfulness of your residence, i.e. whether you have fulfilled the requirements of the right of free movement during the entire period.

With the acquisition of the permanent right of residence, you receive an improved ("solidified") legal status, regardless of your nationality. Thus, the permanent right of residence is independent of the continuation of the conditions for freedom of movement. In addition, your protection against expulsion is increased. However, if you leave the Federal territory for more than two consecutive years, this may result in the loss of the permanent right of residence.

The certificate is issued for an unlimited period of time and confirms and documents that you have acquired the right of permanent residence. The document is not an identity document, which means that you cannot prove your identity with the certificate. Therefore, it does not bear a photograph, nor is there any obligation to update the information in the document in case of changes (for example, you do not have to have the certificate updated if you get a new passport or ID card or if your address changes).

If you are under 18 years of age, your legal representative (e.g. the person authorized to take care of you) must approve the planned stay.person authorized to take care of you) must agree to the planned stay.

Process flow

The certificate must be applied for at the aliens' registration office responsible for your place of residence.

The procedure is as follows:

  • Depending on the foreigners authority, it may be possible to apply via the Internet. Find out whether your foreigners authority offers electronic application.
  • In the case of an electronic application, the Foreigners' Registration Office will contact you after receiving your application in order to request additional documents, if necessary, and to arrange an appointment with you at the Foreigners' Registration Office. During the appointment, your documents will be checked (bring the originals to the appointment if you are asked to do so).
  • If the application can only be submitted in person, make an appointment with the Aliens' Registration Office. During the appointment, your application will be received and your supporting documents will be checked (bring the originals to the appointment if you are asked to do so).
  • Once the examination has been completed, you will be issued a certificate of permanent residence or a rejection notice without delay.
  • As a rule, you must pick up the certificate in person. At the Aliens' Registration Office, you must provide a signature.

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 citizen of the EU or the EEA.
  • You can show the required periods of residence in Germany (usually five years, in special cases two or three years are sufficient).
  • You are legally residing in Germany, i.e. you have fulfilled the requirements of the right to freedom of movement during your entire stay.
  • If necessary, you can provide the evidence and documents listed under "Required documents".

Which documents are required?

  • Consent of the legal representative to the planned stay, if the 18th year of age has not yet been reached.

The Aliens' Registration Office may require the submission of the following documents:

  • Recognized or otherwise approved valid passport or passport substitute.
  • Proof that the right to freedom of movement has been exercised for the periods of residence completed (for example, confirmation of registration, employment contract, trade license or proof of self-employment, sufficient means of subsistence and adequate health insurance coverage, matriculation certificate).

In individual cases, the Aliens Department may request further documents.

What are the fees?

Under certain circumstances, a fee reduction or fee waiver may be considered.

Fee: 10,00 EUR
Payment in advance: No
Issuance of the certificate

What deadlines do I have to pay attention to?

  • The certificate of permanent right of residence can be applied for after a permanent legal residence of five years. In special cases, the permanent right of residence can be certified after two or three years.
  • The certificate on the permanent right of residence is issued immediately for an unlimited period of time.

Processing duration

Your application for a certificate of permanent residence will be processed as soon as possible.

Legal basis

Applications / forms

A general action for performance can be filed against a negative decision of the Foreigners' Authority for the issuance of a certificate on the right of permanent residence. The court named in the decision of the Foreigners' Registration Office is responsible.

Appeal

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

What else should I know?

Note for Swiss nationals:

Because Switzerland is not a member of the EU or the EEA, a different regulation applies to Swiss nationals. The right of residence for Swiss nationals is governed by the Agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other, on the free movement of persons.

Note for British nationals (Brexit):

On February 1, 2020, the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union was completed. For British nationals entitled to freedom of movement and their family members, the right to freedom of movement initially continued to apply until December 31, 2020.

The competent foreigners authority will provide information on which regulations will apply in individual cases from January 1, 2021.

Supporting institutions

You can also obtain free advice on the topics of entry, residence and career from the hotline "Working and Living in Germany" from the Federal Government's portal for skilled workers from abroad at:

Phone: 030 1815-1111

Service hours: Monday to Friday from 8:00 a.m. to 4:00 p.m.

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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