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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a permanent retention card for third-country nationals family members of eu citizens entitled to free movement

Description

If you, as a third-country national of a national of a national of the European Union (EU) or a state of the European Economic Area (EEA: Norway, Iceland and Liechtenstein), have been legally resident in Germany with your family member entitled to free movement for a period of 5 years, you can obtain a right of permanent residence and apply to the Immigration Office for the issue of a permanent residence card.

The immigration authority checks the duration and legality of your periods of stay and issues the permanent residence card if the conditions are met.

Shorter absences are irrelevant for the calculation of the time limit for the acquisition of the right of permanent residence. Thus, even if you leave the Federal Republic of Germany for a total of 6 months a year, to perform military service or a replacement service, and for important reasons, a permanent stay can be assumed once for up to 12 consecutive months (e.B. due to a serious illness, studies, vocational training).

With the acquisition of the right of permanent residence, you will have an improved legal status, regardless of your nationality. Thus, the right of permanent residence is independent of the continuation of the conditions for freedom of movement. In addition, the protection against expulsion increases.

Under certain conditions, spouses, civil partners and children may also receive the right of permanent residence independently of a permanent residence with the reference person entitled to free movement (e.B. in the event of death or departure of the reference person). In some cases, it is also possible that, as a family member of a working EU or EEA citizen, you will be granted a permanent residence right before the end of 5 years (e.B. if you have a permanent residence with the Union citizen but die early as a result of an accident at work or an occupational disease before the end of 5 years).

If you have not yet reached the age of 18, a person entitled to take care of your personal care must agree to the planned stay.

Third-country nationalfamily members of a national of the EU or the EEA may apply for a permanent residence cardif they haveresided legally in the territory of the Federal Republic of Germany for a period of five years with the reference person

After five years of permanent legal residence in Germany, you can apply for a permanent residence card.

The permanent residence card must be applied for with the immigration authority responsible for your residence.

The procedure is as follows:

  • Depending on the immigration authority, it may be possible to apply via the Internet. Find out if your immigration authority offers electronic application.

In the event of an electronic application, the immigration authority will contact you after receipt of your application in order to request documents if necessary and to arrange an appointment with you at the immigration authority. During the appointment, your documents will be checked (bring them with you 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 authority. During the appointment, your details will be received and your evidence checked (bring it with you to the appointment in the original if you are asked to do so).
  • Once the examination has been completed, 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 of time.
  • The permanent residence card is issued in cheque card format with additional electronic functions (eAT card). Your fingerprints will be taken in the immigration office for the production. You must also sign.
  • After about six to eight weeks, you can pick up the eAT card from the immigration office. In principle, the collection must be done in person.

Fees apply for the issuance of the permanent residence card as well as the eAT card. The timing and form of payment vary depending on the authority

Contact the immigration authority.

  • They are family members of an EU or EEA citizen residing in Germany but do not have any of these nationalities themselves.
  • You have been permanently in Germany with your reference person for a period of 5 years and have fulfilled the conditions of free movement under EU law for the entire period.
  • You have a recognized or otherwise approved valid passport or passport replacement.
  • If necessary, you can provide the evidence and documents referred to in "Required Documents"
  • Current biometric photo
  • Consent of the person entitled to care for the planned stay if you have not yet reached the age of 18

The aliens authority 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 of free movement for the required period (e.B. confirmation of employment, employment contract or employment guarantee, trade certificate or proof of self-employment)

When staying with a non-active reference person, the immigration authority may also require:

  • Evidence of sufficient means of subsistence
  • Proof of adequate health insurance cover

When staying with a reference person in a course of study, the immigration authority may also require:

  • Admission of the university or registration certificate of the reference person
  • Proof of sufficient means of subsistence and health insurance

In individual cases, the immigration authority may request further documents.

Issuance permanent residence card: EUR 28.80

For persons under 24 years of age: EUR 22.80

Under certain conditions, a fee reduction or exemption may be considered

  • The permanent residence card can be applied for at the earliest after a permanent legal stay of 5 years.
  • The permanent residence card will be issued for an unlimited period of 6 months.

Your application for a permanent residence card takes about six to eight weeks to process, but not more than six months.

  • Online procedure possible in some cases
  • Written form required: yes
  • Personal appearance required: yes

Special feature:

If you leave the federal territory for a reason of its nature not only temporarily for more than two consecutive years, this will lead to the loss of the right of permanent residence. The decisive factor is whether or not the purpose of the stay abroad requires, by its very nature, only a temporary absence from the Federal Territory.

Note to Swiss nationals and their family members:

Because Switzerland is not a member of the EU or the EEA, swiss are subject to a different rule. Swiss nationals and their family members are obliged to notify their stay in Germany for more than three months to the immigration authority 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 withheld the European Union. For British nationals entitled to free movement and their family members, the right of free movement will initially continue until 31 December 2020.

The competent aliens authority provides information on which regulations will apply in individual cases from 1 January 2021 (protection of the property or application of the general right of residence, in particular the Residence Act).

The text was automatically translated based on the German content.

Ministry of the Interior and Local Government

of the State of Brandenburg

No authority found