Apply for a residence card for family members of UNION citizens

As a third-country national family member of a national of the European Union (EU) or a country of the European Economic Area (EEA: Norway, Iceland and Liechtenstein), you have the right to move freely with your reference person in the European Union, to enter and reside in any Member State if the requirements under EU law are met. This also includes the free choice of residence in the Member States of the European Union. A third country is a national who does not have the nationality of an EU member state, the EEA or Switzerland. "Family dependants" means the following persons: spouses, life partners and relatives in the straight descending line (e.B. children) and their spouses/life partners, if they are not yet 21 years old, and Relatives of Union citizens entitled to freedom of movement in the straight ascending and straight descending line (older children, grandchildren and parents and grandparents) or of their spouses or life partners to whom the Union citizens or their spouses or civil partners provide maintenance. If the EU or EEA citizen studies in Germany, the circle of family members entitled to move is limited to spouses and life partners as well as children who are granted maintenance. If you are a third-country national of a family member, you will need a visa to enter Germany, unless entry can be visa-free. During the first three months of your stay in Germany, your stay is only subject to the condition that there is a family relationship with the reference person entitled to freedom of movement, that you accompany this person and that you are in possession of a recognised or otherwise admitted passport or passport replacement. For a stay of more than three months, you need a residence card, which is issued to you by the Immigration Office ex officio and within six months. In this case, the Immigration Office checks the existence of the conditions for freedom of movement. Among other things, it may require proof of the family relationship with the reference person (e.B. by documentary proof). In addition, you may be required to provide proof that the reference person has actually made use of his or her right to freedom of movement (e.B. by presenting a registration certificate). If the reference person you accompany or join is not employed, you should also be able to show sufficient means of subsistence and sufficient health insurance cover (this also applies to children who may accompany you). Proof of language skills is generally not required to obtain a residence card. Until the decision on the issue of the residence card is made, your stay in Germany is considered lawful. With the issuance of the residence card, the existence of the right of free movement is established. The residence card is usually issued for five years, unless a shorter period results from the stay of your reference person from whom you derive your right of residence. If you have not yet reached the age of 18, a person entitled to take care of your person must agree to your planned stay in Germany.

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 existence of the family relationship with the reference person (e.B. marriage, birth certificate) Proof that the reference person has made use of his or her right to freedom of movement (e.B. confirmation of registration, employment contract or employment assurance, trade licence or proof of self-employment) In the case of your recent entry, the Immigration Office may also require: Visa if this was required for entry When moving to a non-working reference person, the Immigration Office may also require: Proof of sufficient means of subsistence Proof of adequate health insurance coverage When moving to 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 a recognised or otherwise approved valid passport or passport replacement and, if this was necessary for entry, a visa. If necessary, you can provide the proofs and documents mentioned under "Required documents"

Hints
Special feature : After issuing the residence card, the existence or continuation of the requirements under Union law can be checked for a special reason. If the requirements of the right of residence have lapsed within five years of the establishment of the stay in Germany or are no longer available, the residence card can be revoked. If you have been legally resident in Germany for five years with your reference person, you can apply for a permanent residence card. 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).
Before entering Germany, you usually have to apply for a visa for Germany in your home country. After your entry, you can initially stay in Germany for three months without further requirements. For longer stays, you must apply for a residence card. You can provide the necessary information for obtaining the residence card when you register with the registration authority. From there, your details will then be forwarded to the Immigration Office. In this case, you do not have to contact the immigration office again. She will get back to you. If you would like to receive the residence card at a later date (at the latest after three months), please contact the Immigration Office. For this purpose, information must be submitted to the immigration authority responsible for your place of residence. The procedure is as follows: Depending on the immigration office, it may be possible to receive your information via the Internet. Find out whether your immigration office offers electronic reception. In the event of an electronic submission, the Immigration Office will contact you after receipt of your information in order to request documents if necessary 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 submission of your information 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). Regardless of the test result of the immigration office, you will immediately receive a certificate stating that you have provided the necessary information for the issuance of the residence card in order to be able to prove a proper stay. After completing the examination, you will be issued with either a residence card or a rejection notice within six months. The residence card is usually issued for five years, unless a shorter period results from the stay of your caregiver, from whom you derive your right of residence. The 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 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