Apply for a permanent stay-up card for family members of union citizens entitled to freedom of movement

If you have been legally resident in Germany for a period of five years with your family member entitled to freedom of movement, as a family member of a national of the European Union (EU) or a state of the European Economic Area (EEA: Norway, Iceland and Liechtenstein), you can obtain a permanent right of residence from the immigration authorities, regardless of the further existence of the requirements under UNION law. e apply for a permanent residence card to be issued. The Immigration Office checks the duration and legality of your completed periods of stay and issues the permanent residence card within six months if the conditions are met. Your five-year permanent residence is "lawful" if you have fulfilled the requirements under EU law for the free movement of third-country nationals of family members over a period of five years. For the calculation of the deadline for the acquisition of the permanent right of residence, shorter periods of absence are irrelevant. Thus, even when leaving the federal territory for a total of six months a year, for the performance of military service or a replacement service as well as for good cause once for up to twelve consecutive months (e.B. due to a serious illness, a study, a vocational training) a permanent stay can be assumed. With the acquisition of the permanent right of residence, you will receive an improved legal status regardless of your nationality. For example, the permanent right of residence is independent of the continued existence of the conditions for freedom of movement. In addition, the protection against expulsion is increased. Under certain conditions, spouses, life partners and children may also receive the permanent right of residence independently of a permanent residence with the reference person entitled to freedom of movement (e.B. in the event of the death or departure of the reference person). In individual cases, it is also possible that you, as a family member of an employed EU or EEA citizen, receive a permanent right of residence before the expiry of five years (e.B. if you have your permanent residence with the EU citizen, but he dies prematurely as a result of an accident at work or an occupational disease before the expiry of five years). If you have not yet reached the age of 18, a person entitled to take care of your person must agree to the planned stay.

Current biometric photo Consent of the person entitled to custody to the planned stay if you have not yet reached the age of 18 The Immigration Office may require the submission of the following documents: Recognised or otherwise approved valid passport or passport replacement Proof of the continued existence of the family relationship with the reference person (e.B. marriage, birth certificate) Proof that the reference person has exercised his right to freedom of movement for the required duration (e.B. confirmation of registration, employment contract or employment assurance, business license or proof of self-employment) When staying with a non-working reference person, the Immigration Office may also require: Proof of sufficient means of subsistence Proof of adequate health insurance coverage When staying with a reference person during your studies, the Immigration Office may also require: Admission of the university or certificate of enrolment of the reference person Proof of sufficient resources and health insurance In individual cases, the Immigration Office may request further documents.


Online procedures occasionally possible Written form required: yes Personal appearance required: yes

Preconditions
You are a family member of an EU or EEA citizen who is in Germany, but do not have any of these nationalities yourself. You have spent a period of five years constantly in Germany with your reference person and have fulfilled the requirements for freedom of movement under Union law for the entire period. You have a recognized or otherwise approved, valid passport or passport replacement. If necessary, you can provide the proofs and documents mentioned under "Required documents"

Hints
Special feature : If you leave The Federal Territory for more than two consecutive years for a reason that is not only temporary by its very nature, this will lead to the loss of the permanent right of residence. The decisive factor is whether the purpose of the stay abroad, by its very nature, only requires a temporary absence from the federal territory or not. Note for Swiss nationals and members of their families : Because Switzerland is not a member of the EU or the EEA, a different regulation applies to Swiss nationals. Swiss nationals and their family members are obliged to report their stay in Germany, which lasts longer than three months, to the immigration office of their place of residence and then receive a "Residence Permit Switzerland". Note for British nationals and their family members (Brexit) : On 1 February 2020, the United Kingdom of Great Britain and Northern Ireland with the withdrawal from the European Union was completed. For British nationals entitled to freedom of movement and their family members, the right to free movement will initially continue to apply until 31 December 2020. The competent immigration authority provides information on which regulations will apply in individual cases from 1 January 2021 (protection of existing status or application of the general right of residence, in particular the Residence Act).
After a five-year permanent legal residence in Germany, you can apply for a permanent residence card. The permanent residence card must be applied for at the immigration office responsible for your place of residence. The procedure is as follows: Depending on the immigration office, an application via the Internet may be possible. Find out whether your immigration office offers the electronic application. In the event of an electronic application, the Immigration Office will contact you after receipt of your application in order to request additional documents and to make an appointment with you at the Immigration Office. During the appointment, your documents will be checked (bring them to the appointment in the original if you are asked to do so). If the application is only possible in person, make an appointment with the immigration office. During the appointment, your details will be accepted and your proofs checked (bring them with you to the appointment in the original if you are asked to do so). After completing the examination, you will be issued with either a residence card or a rejection notice within six months. The permanent residence card is issued for an unlimited period. The permanent residence card is issued in credit card format with additional electronic functions (eATKarte). For the production, your fingerprints will be taken in the immigration office. You must also sign it. After about six to eight weeks, you can pick up the eAT Card at the Immigration Office. The collection must always be done in person. Fees are charged for issuing the permanent residence card and the eAT card. The timing and form of payment vary depending on the authority

Responsible for the content
Ministry of the Interior and Municipal Affairs
of the State of Brandenburg

Last update or date of publication
23.10.2020