Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for the issuance of a permanent residence card for third-country nationals Family members of Germans

Description

If, as a third-country national family member of a German entitled to freedom of movement, you have resided permanently and legally in Germany with your reference person for a period of five years, you can obtain a permanent right of residence and apply to the Foreigners' Registration Office for the issuance of a permanent residence card, regardless of whether the requirements under EU law are still met.

The Foreigners' Registration Office will check the duration and legality of your periods of residence and issue the permanent residence card within six months if the conditions are met.

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

For the calculation of the deadline for the acquisition of the right of permanent residence, shorter periods of absence are irrelevant. Thus, even when leaving the federal territory for a total of six months a year, for the purpose of military service or alternative service, as well as for good cause, a one-time permanent residence for up to twelve consecutive months (for example, due to a serious illness, study or vocational training) can be assumed.

With the acquisition of the right of permanent residence, you will 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 German entitled to freedom of movement (for example, if the reference person 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 national of a third country (i.e. You are not a citizen of an EU member state, the EEA or Switzerland).
You are a family member of a person with German citizenship, i.e. They are
- Spouse
- Life partner
- a relative in the direct descending line (e.g. children) of the German or the 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 to whom they provide maintenance.
  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 maintain a family relationship with the German (you do not necessarily have to live together for this).
You have been in Germany with your caregiver for a period of five years.
Please note: Shorter periods of absence are irrelevant for the calculation of the deadline for acquiring 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 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).
The reference period for the permitted six-month absence is the period per year of stay, starting from the anniversary of the start of the stay.
You can acquire a permanent right of residence before the expiry of five years if your caregiver dies, for example, as a result of an accident at work or an occupational disease.
They have fulfilled the conditions under EU law for the free movement of third-country nationals 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 (e.g. passport or passport substitute)

Up-to-date biometric photo in the passport (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 are unable to submit the application jointly for their child, a written power of attorney from the absent parent is required; if custody is granted to 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 continuation of the family relationship with the caregiver (e.g. marriage or birth certificate)
Proof that the caregiver has exercised his or her right to freedom of movement (e.g. confirmation of registration, employment contract or assurance of employment, trade license or proof of self-employment)

In the case of reunification with a non-gainfully employed reference person, the Foreigners' Registration Office may also require:

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

In the case of reunification with a caregiver during your studies, the Foreigners' Registration Office may also require:

University admission or certificate of enrollment 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 always be submitted in German. In individual cases, the Foreigners' Registration Office may require less or more evidence.

Fees (costs)

Cost amount (fixed):

37,00 Euro for persons aged 24 and over
22.80 Euro for persons under 24 years of age

Remark:

The timing and form of fee collection 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

Application Deadline: 6 weeks to 8 weeks

Note (for more information on the deadline):

At least 6 weeks to 8 weeks before the expiry of your residence card, the necessary information and documents should be received by the Foreigners' Registration Office. If no exceptions 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 indefinite period. Only the electronic card body is issued for a limited period of time and must be renewed after the end of its validity.

Processing time

Processing time approx. 6 weeks to 6 months

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.

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

Legal remedy

Objection to the decision of the Foreigners' Registration Office within one month of notification
Bringing an action before the court named in the notice of opposition if the objection is not upheld

Responsible body

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

Applications / Forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Procedure

Find out whether your Foreigners' Registration Office allows you to apply online or has a special form.
If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receiving your details to arrange an appointment.
During the appointment, your identity and documents will be checked (please bring your documents, if possible in the original, with you 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 need to 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 from the competent authority. The collection must always be done in person.
As a rule, the permanent residence card is 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 only temporary by its nature, this will result in the loss of the right of permanent residence.
Other provisions apply to nationals of Switzerland and the United Kingdom of Great Britain and Northern Ireland (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 the persons concerned. In the event of an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation 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