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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a residence card for family members of Union citizens

Description

As a third-country national of a 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 the right to move freely with your reference person in the European Union, to enter and reside in any Member State if the conditions are met by EU law. This includes the free choice of residence in the Member States of the European Union.

A third-country national is a person who is not a national of an EU Member State, the EEA or Switzerland.

"Family Member" means the following persons:

  • spouses, civil partners and relatives in a straight descending line (e.B. children) and their spouses/life partners, if they are not yet 21 years of age, and
  • Related citizens entitled to free movement in a straight ascending and straight descending line (older children, grandchildren and parents and grandparents) or their spouses or civil partners to whom the Union citizens or their spouses or civil partners provide maintenance.

If the EU or EEA citizen studies in the federal territory, the number of family members entitled to rejoin them is limited to spouses and civil partners as well as children who are granted maintenance.

If you are a third-country national family member, you will need a visa to enter Germany, unless you can enter the country without a visa.

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 free movement, that you accompany that person and that you are in possession of a recognised or otherwise approved passport or passport replacement.

For stays of more than three months, you will need a residence card, which will be issued to you by the Immigration Office of its own motion and within six months.

In this case, the aliens' authority shall examine 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 evidence). In addition, you may be required to provide proof that the reference person has actually exercised his right of free movement (e.B. by presenting a registration certificate). If the reference person you accompany or join is not working, you should also be able to provide sufficient means of subsistence and health insurance (this also applies to children who may accompany you). Proof of language skills is not required in order to obtain a residence card.

Your stay in the federal territory is deemed legal until a decision is taken on the issuance of the residence card.

The issuance of the residence card establishes the existence of the right of free movement. The residence card is usually issued for five years, unless the residence of your reference person from which you derive your right of residence results in a shorter period.

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

Third-country nationalfamily members of an EU or EEA citizen require a residence card for further stay in Germany no later than three months after their entry

Before entering Germany, you usually have to apply for a visa for Germany in your home country. After your entry, you can stay in Germany for three months without any additional requirements. For longer stays, you must apply for a residence card.

You can provide the necessary information to obtain the residence card when you register with the registration authority. From there, your details will then be forwarded to the immigration authority. In this case, you do not need to contact the immigration authority again. She will contact you.

If you wish to receive the residence card at a later date (at the latest after three months), please contact the immigration authority. For this purpose, information must be submitted to the immigration authority responsible for your residence.

The procedure is as follows:

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

In the event of an electronic submission, the immigration authority will contact you after receipt of your information 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 it is only possible to submit your details 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).
  • Irrespective of the results of the examination by the immigration authority, you will immediately receive a certificate that you have provided the necessary information for the issuance of the residence card in order to be able to prove a proper stay.
  • Once the examination has been completed, 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 the stay of your reference person, from whom your right of residence derives, results in a shorter period.
  • The 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.

There are fees for issuing the residence card and 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 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 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 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 (e.B. confirmation of registration, employment contract or employment guarantee, trade certificate or proof of self-employment)

In case of your recent entry, the immigration authority may also require:

  • Visa if required for entry

In addition, in the case of re-entry to a non-active reference person, the aliens authority may require:

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

If you move to a reference person in your studies, 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.

There are no fees for issuing the visa.

Exhibition residence card: EUR 28,80

Issuance residence card for persons under 24 years: EUR 22.80

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

Note: The fee for issuing the electronic residence permit (eAT card) is EUR 67

  • In order to obtain the residence card, the necessary information may be deposited with in the context of the notification of the registration authority with the registration authority or transmitted to the immigration authority no later than three months after entry.
  • The residence card is issued within six months and usually with a validity of five years.
  • Opposition period to the negative decision of the aliens authority: one month

You can ask the german diplomatic mission for the processing of the visa procedure at the German diplomatic missions.

The processing time for issuing a residence card is approximately six to eight weeks, but a maximum of six months.

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

Special feature:

After the residence card has been issued, the existence or continuation of the conditions under EU law may be reviewed on a special occasion. If the conditions of the right of residence have ceased to exist within five years of the reasoning for the stay in the Federal Territory or are no longer available, the residence card can be confiscated.

If you have been legally resident in Germany for five years with your reference person, you can apply for a permanent residence card.

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