If you are a third-country national family member of a citizen of the European Union (EU) or a state of the European Economic Area (EEA: Norway, Iceland, and Liechtenstein) for a period of five years with your family member who is entitled to freedom of movement, you can obtain a permanent right of residence regardless of whether the requirements under EU law continue to be met and apply to the immigration office for a permanent residence card.

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

Your five-year permanent residence is considered "lawful" if you have fulfilled the requirements under EU law for the freedom of movement of third-country 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 period for acquiring the right of permanent residence. Thus, even if you leave the federal territory for a total of six months in a year, to perform military service or alternative service, or for an important reason for up to twelve consecutive months (for example, due to serious illness, studies, or vocational training), you can still be considered to have permanent residence.

By acquiring permanent residence, you will enjoy an improved legal status regardless of your nationality. In addition, you will enjoy greater protection against expulsion.

Under certain conditions, family members can also obtain permanent residence rights independently of permanent residence with the reference person entitled to freedom of movement and before the expiry of five years (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).

• You are a family member of an EU or EEA citizen residing in Germany, but you 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 direct descendant (e.g., children) of the German citizen or spouse/civil partner who is under 21 years of age or who is dependent on them for support, or
  • a relative in the direct ascending line (e.g., parents and grandparents) of the German or the spouse or life partner who is
    supported by them.
    Please note: In the case of student reference persons, the group of family members eligible for reunification is limited to spouses and life partners as well as children who are provided for.
    You have a family relationship with the German citizen (you do not necessarily have to live together).
    You have resided continuously with your reference person in Germany for a period of five years.

Please note: Shorter periods of absence
are not taken into account when calculating the period required to acquire permanent residence. Permanent residence can also be assumed if you leave Germany for a total of six months per year or to perform military or alternative service, as well as for up to twelve consecutive months on a one-time basis for an important reason (e.g., due to serious illness, studies, or vocational training).

The reference period for the permissible six-month absence is the period per year of residence, beginning on the anniversary of the start of residence.

You can acquire a permanent right of residence before the end of five years if, for example, your reference person dies as a result of an accident at work or an occupational disease.

• You have fulfilled the EU legal requirements for the free movement of third-country family members for five years. You can assume this to be the case if you have been issued with a residence card for a period of five years.

• Find out whether your immigration office allows you to apply online or provides a special form.
• If applications can only be submitted in person, make an appointment with the immigration office. If you apply online, the immigration office will contact you after receiving your information to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents, if possible the originals, 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 be required to provide a signature.
• The Immigration Office will commission the Federal Printing Office to produce the permanent residence card in credit card format. Once it is ready, you will be notified and can collect the permanent residence card from the relevant office. You must collect it in person.
• 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.

Information from the Federal Ministry of the Interior and Homeland Affairs on freedom of movement

https://www.bmi.bund.de/DE/themen/migration/aufenthaltsrecht/freizuegigkeit-eu-buerger/freizuegigkeit-eu-buerger-node.html , https://www.bmi.bund.de/DE/themen/migration/aufenthaltsrecht/freizuegigkeit-eu-buerger/freizuegigkeit-eu-buerger-artikel.html

and https://www.bmi.bund.de/SharedDocs/faqs/DE/themen/migration/freizuegigkeit/freizuegigkeit-liste.html  

Information from the Federal Office for Migration and Refugees on immigration from the EU

https://www.bamf.de/DE/Themen/MigrationAufenthalt/ZuwandererEuropa/zuwanderereuropa-node.html

Information from the Federal Ministry of the Interior and Homeland on Brexit: https://www.bmi.bund.de/DE/themen/verfassung/europa/brexit/brexit-artikel.html  

and

https://www.bmi.bund.de/DE/themen/verfassung/europa/brexit/brexit-node.html

Information from the European Union on the permanent residence card for family members from a non-EU country

https://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-permanent-residence/index_de.htm

• The procedure is usually conducted in German.
• If you leave Germany for more than two consecutive years for reasons that are not temporary in nature, you will lose your permanent right of residence.
• Different provisions apply to citizens 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 your knowledge and belief so that your application can be processed without significant delays.
• Incorrect or incomplete information can slow down the process and be detrimental to those affected. In serious cases, incorrect or incomplete information that is not completed or corrected in time to the Foreigners' Registration Office can result in the withdrawal of residence rights already granted, a fine, imprisonment for up to three years, or expulsion from Germany.
• Due to the complexity of residence and freedom of movement law, this description is for informational purposes only and is not legally binding.

• Appeal against the decision of the immigration authority within one month of notification
• Action before the court specified in the notice of objection if the objection is not upheld

Duration: 6 to 8

Note (for further information on the deadline):

The required information and documents should be submitted to the immigration office at least 6 to 8 weeks before your residence card expires. Unless exceptional circumstances apply, you can apply for a permanent residence card after a minimum of five years of residence.

Note (for further information on the deadline):

The permanent residence card is issued for an indefinite period. Only the electronic card itself is issued for a limited period and must be renewed after it expires.

Duration (for range): approx. 6 to 6

Note for further information on processing time:

The processing time may vary depending on the workload of the immigration office, but will not exceed six months.

It takes approximately 4 to 6 weeks for the Federal Printing Office to produce the permanent residence card.

The immigration office responsible for the applicant's place of residence

• Recognized and valid identity document (e.g., passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
• For minors: consent of the legal guardians for the planned stay (declaration of consent); if the parents with custody cannot submit the application for their child together, a written power of attorney from the absent parent is required; if only one parent has custody, the signature of that parent is sufficient

The immigration office may also request the following documents:

• Proof of the continuing family relationship with the reference person (e.g., marriage or birth certificate)
• Proof that the reference person has exercised their right to freedom of movement for the required duration (e.g., registration confirmation, employment contract or letter of intent, trade license, or proof of self-employment)

If the child is staying with a reference person who is not gainfully employed, the immigration authorities may also require:

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

If you are staying with a reference person who is studying, the immigration office may also require:

• University admission or enrollment certificate of the reference person
• Proof of sufficient means of subsistence
• Proof of health insurance coverage (e.g., confirmation of insurance coverage or insurance policy)

The documents and information must always be submitted in German. In individual cases, the immigration office may request fewer or additional documents.

Cost (fixed):

• 37.00 for persons aged 24 and over
• 22.80 for persons under 24 years of age

Note:

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

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

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