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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a certificate of permanent residence for EU citizens entitled to free movement

Description

Nationals of the European Union (EU) and the European Economic Area (EEA: Norway, Iceland and Liechtenstein) do not require a residence permit to enter and stay in Germany.

If you are an EU and EEA citizen and have been legally resident in Germany for a period of five years, you can acquire a right of permanent residence. The right of permanent residence arises directly by law. You can apply to the immigration authority for the issue of a certificate of permanent residence.

Under certain conditions, you can acquire a permanent residence right before the end of five years, e.B if you:

  • have been permanently resident in the Federal Republic of Germany for at least three years, have worked in Germany or in another Member State of the European Union for the last 12 months and have now retired from working life on the basis of your age (reaching the age of 65) or on the basis of an early retirement scheme;
  • have given up your profession in Germany or in another Member State of the European Union as a result of a full disability which has occurred as a result of an accident at work or an occupational disease and which gives rise to a right to a pension in the Federal territory;
  • have given up your profession in Germany or in another Member State of the European Union as a result of a full disability, having previously resided permanently in Germany for at least two years, or
  • were permanently employed in Germany for three years, are now employed in another Member State of the European Union, but still have a residence in Germany to which you return at least once a week.

The certificate of permanent residence is issued by the immigration authority after it has verified that you have reached the required periods of residence in Germany. This does not require you to stay continuously in Germany during the required period. Certain absences from the Federal Territory are irrelevant for the acquisition of the right of permanent residence. Thus, even if you leave the Federal Republic of Germany for a total of six months a year, to perform military service or a substitute service or for reasons of important reason, it can be assumed that you will stay permanently for up to twelve consecutive months (e.B. due to a serious illness, studies, vocational training). Periods of imprisonment which have not been suspended for probation shall not be taken into account for the acquisition of the right of permanent residence.

If you have interrupted your stay in Germany for a long time, it is not possible to add up previous and subsequent periods in order to achieve the minimum length of stay required for the acquisition of the right of permanent residence.

If necessary, the immigration authority may also check the legality of your stay, i.e. whether you have fulfilled the conditions of the right of free movement throughout the period.

With the acquisition of the right of permanent residence, regardless of your nationality, you will have an improved ("consolidated") legal status. Thus, the right of permanent residence is independent of the continuation of the conditions for freedom of movement. In addition, your expulsion protection increases. However, if you leave the Federal Republic for more than two consecutive years, this may result in the loss of the right of permanent residence.

The certificate is issued indefinitely and confirms that you have acquired the right of permanent residence. The document does not constitute an identity document, i.e. You cannot prove your identity with the certificate. Therefore, it does not bear a photo, nor is there an obligation to update the information in the document in the event of changes (e..B. you do not need to have the certificate updated if you have a new passport or identity card issued or if your address changes).

If you have not yet reached the age of 18, your legal representative (e.B. the person entitled to take care of the person) must agree to the planned stay.

EU and EEA citizens who have acquired a right of permanent residence may apply to the Aliens Authority for a certificate of existence of this right.

The certificate must be applied for by 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 immediately issued with a certificate of permanent residence or a rejection notice.
  • In principle, the collection must be done in person. You must sign at the immigration office.

Contact the immigration authority.

  • You are a national of the EU or the EEA
  • You can show the required periods of residence in Germany (usually five years, in special cases two or three years are sufficient).
  • They are legally resident in Germany, i.e. You have fulfilled the conditions of the right of free movement during your entire stay.
  • If necessary, you can provide the evidence and documents referred to in "Required Documents"
  • Consent of the legal representative to the planned stay if the age of 18 has not yet been completed

The aliens authority may require the submission of the following documents:

  • Recognised or otherwise approved valid passport or passport replacement
  • Proof that the right of free movement has been exercised for the periods of residence completed (e.B. confirmation of registration, employment contract, business license or proof of self-employment, sufficient means of subsistence and sufficient health insurance cover, registration certificate)

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

Issuance certificate: EUR 10,00

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

  • The certificate of permanent residence may be applied for after a permanent legal residence of five years. In special cases, the right of permanent residence can be certified after two or three years.
  • The certificate of permanent residence shall be issued immediately for an unlimited period of time.

Your application for a permanent residence certificate will be processed as soon as possible

A negative decision of the aliens' authority may be the subject of a general action for benefits for the issue of the certificate of permanent residence

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

Note for Swiss nationals:

Because Switzerland is not a member of the EU or the EEA, swiss are subject to a different rule. The right of residence for swiss nationals is governed by the Agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation on the free movement of persons on the other.

Note for British nationals (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 initially continued until 31 December 2020.

The competent aliens authority provides information on which rules will apply in individual cases from 1 January 2021

The text was automatically translated based on the German content.

Ministry of the Interior and For Municipalities of the State of Brandenburg

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