Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a permanent residence card for third-country national family members of Union citizens entitled to free movement

Description

If, as a third-country national family member of a national of the European Union (EU) or of a state of the European Economic Area (EEA: Norway, Iceland and Liechtenstein), you have resided permanently in Germany with your family member entitled to freedom of movement for a period of five years, you can obtain a permanent right of residence irrespective of whether the requirements under EU law are further met and Apply for a permanent residence card.

The Foreigners' Registration Office checks the duration and legality of your periods of residence and, if the requirements are met, issues the permanent residence card within six months.

Your five-year permanent residence is 'lawful' if you have fulfilled the conditions under EU law for the free movement of third-country national family members over a period of five years (for example, if you have been in possession of a residence card for five years).

Shorter periods of absence are irrelevant for the calculation of the time limit for the acquisition of the right of permanent residence. Thus, even when leaving the Federal territory for a total of six months a year, to perform military service or alternative service as well as for good cause once for up to twelve consecutive months (for example, due to a serious illness, studies or vocational training), permanent residence can be assumed.

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 increases.

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

Prerequisites

You are a family member of an EU or EEA citizen residing in Germany, but do not have any of these nationalities yourself.
You are a family member of a person with German citizenship, i.e. You are
- Spouse
- Life partner
- a relative in the direct descending line (e.g. children) of the German or spouse/partner who has not yet reached the age of 21 or who is dependent on them, or
- a relative in the direct ascending line (e.g. parents and grandparents) of the German or of the spouse or partner who is dependent on them.
  
  Please note: In the case of student caregivers, the circle of family members entitled to reunification is limited to spouses and life partners as well as children who are granted maintenance.
  You have a family relationship with German (you do not necessarily have to live together for this).
  You have been permanently resident in Germany with your caregiver for a period of five years.

Please note:
Shorter periods of absence are irrelevant for the calculation of the time limit for the acquisition of the right of permanent residence. Thus, a permanent residence can also be assumed when leaving the Federal territory for a total of six months a year or for the performance of military service or alternative service as well as for good cause once for up to twelve consecutive months (for example, due to a serious illness, a course of study or vocational training).

The reference period for the permitted six-month absence is the period per year of stay, starting with the anniversary of the start of the stay.

You can acquire a permanent right of residence before five years have elapsed if your caregiver dies, for example as a result of an accident at work or an occupational disease.

They have fulfilled the conditions laid down by EU law for the free movement of third-country national family members for more than five years. You can assume this if the residence card has been issued to you for a period of five years.

Required documents

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

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

Proof of the continuity of the family relationship with the reference person (e.g. marriage or birth certificate)
Proof that the reference person has exercised his or her right to freedom of movement for the required period (e.g. confirmation of registration, employment contract or assurance of employment, trade license or proof of self-employment)

When staying with a non-gainfully employed reference person, the Foreigners' Registration Office may also require:

Proof of sufficient resources
Proof of sufficient health insurance cover (for example, confirmation of health insurance via insurance cover or insurance policy)

When staying with a reference person during your studies, the Foreigners' Registration Office may also require:

University admission or certificate of enrolment of the reference person
Proof of sufficient resources
Proof of health insurance coverage (for example, confirmation of health insurance coverage or insurance policy)

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

Fees (costs)

Cost amount (fixed):

37,00 for persons from 24 years
22.80 for persons under 24 years of age

Remark:

The timing and form of charging and payment vary depending on the authority.

Additional fees may apply for the issuance of the permanent residence card in credit card format with additional electronic functions (can also be used as electronic proof of identity).

Deadlines

Duration: 6 to 8

Remark (for more information on the deadline):

At the latest 6 to 8 weeks before your residence card expires, the necessary information and documents should be received by the Foreigners' Registration Office. Unless exceptions are met, the permanent residence card can be applied for after a stay of five years at the earliest.

Remark (for more information on the deadline):

The permanent residence card is issued for an indefinite period. Only the electronic card body is issued for a limited period and must be renewed after the end of validity.

Processing time

Duration (with range): approx. 6 to 6

Note for further information on processing time:

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

The production of the permanent residence card by Bundesdruckerei takes about 4 weeks to 6 weeks.

Legal remedy

Objection against the decision of the Foreigners' Registration Office within one month of notification
Action before the court named in the notice of opposition if the objection is not complied with

Responsible body

Please contact the Foreigners' Registration Office.

Applications / Forms

Online procedures possible in some cases
Written form required: yes
Personal attendance required: yes

Procedure

Find out whether your immigration authority allows you to submit your application online or provides a special form.
If the application is only possible in person, please make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receipt of your details to make an appointment.
During the appointment, your identity and documents will be checked (please bring your documents, preferably 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 must also provide a signature.
The Foreigners' Registration Office commissions Bundesdruckerei to produce the permanent residence card in credit card format. After completion, you will receive information and can pick up the permanent residence card at the responsible office. The collection must always be done personally.
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.

Further information

The procedure is usually carried out in German.
If you leave the Federal territory for more than two consecutive years for a reason that is not merely temporary by nature, this will lead to the loss of your right of permanent residence.
For nationals of Switzerland and the United Kingdom of Great Britain and Northern Ireland, other provisions apply (see "Further information").
All information provided to the Foreigners' Registration Office should be correct and complete to the best of our knowledge and belief so that the request can be processed without major delays.
Incorrect or incomplete information can slow down the procedure and be detrimental to those affected. In an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the immigration authority may result in the withdrawal of residence rights already granted, a fine, imprisonment of up to three years or expulsion from the federal territory.
Due to the complexity of the right of residence and freedom of movement, this description is for information purposes only and is not legally binding.

Landkreis Harz - Sachgebiet Ausländerbehörde

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Address

Friedrich-Ebert-Straße 42
38820 Halberstadt, Stadt

Telephone

03941 5970-4544

Fax

03941 5970-4160

Opening Times

Monday:	08:00 - 12:00 13:00 - 16:00
Tuesday	08:00 - 12:00 13:00 - 16:00
Wednesday	08:00 - 12:00 13:00 - 16:00
Thursday	08:00 - 12:00 13:00 - 16:00
Friday	closed