Applying for a permanent residence card for third-country national family members of EU citizens entitled to freedom of movement
Online services
If you are a third-country national who is a family member of an EU or EEA citizen and have resided continuously and legally in Germany for a period of five years, you can apply to the immigration office for a permanent residence card.
What do I need to know?
Service description
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).
Prerequisites
- You are a family member of an EU or EEA citizen residing in Germany, but you yourself do not hold either of these nationalities.
-
You are a family member of a person with German citizenship, i.e., you are
- spouse,
- a domestic partner,
- a direct descendant (e.g., children) of the German national or the spouse/civil partner who is under 21 years of age or who is financially supported by them, or
-
a relative in the direct ascending line (e.g., parents and grandparents) of the German national or of the spouse or civil partner, who is supported by them.
Please note: For student beneficiaries, the group of family members eligible for family reunification is limited to spouses and domestic partners, as well as children who are financially supported by them.
You have a family relationship with the German national (you do not necessarily have to live together for this).
You have resided continuously with your sponsor in Germany for a period of five years.
Please note:
Shorter periods of absence are not taken into account when calculating the time required to acquire the right to permanent residence. Thus, continuous residence may also be assumed if you leave Germany for a total of six months per year, or to perform military service or alternative service, or for a single period of up to twelve consecutive months for an important reason (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 residence, beginning on the anniversary of the start of residence.
You may acquire a right to permanent residence even before the five-year period has expired if, for example, your sponsor dies as a result of a work-related accident or an occupational disease.
- You have met the EU-law requirements for the free movement of third-country national family members for more than five years. You can assume this is the case if your residence card was issued for a period of five years
Procedure
- Find out whether your immigration office allows you to submit your application online or provides a specific form.
- If you can only apply in person, make an appointment at the immigration office. If you apply online, the immigration office will contact you after receiving your information to schedule an appointment.
- During the appointment, your identity and documents will be verified (please bring your documents to the appointment, preferably the originals).
- If there are no objections, your fingerprints will be taken to produce the permanent residence card. You will also be required to provide a signature.
- The Foreigners’ Registration 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 pick up the permanent residence card at the appropriate office. You must pick it up in person.
- The permanent residence card is usually issued within six months.
- If your application for a permanent residence card is denied, you will receive a written notice.
Remark
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 Affairs 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 long-term residence card for family members from a non-EU country
What else should I know?
- The proceedings are generally conducted in German.
- If you leave Germany for a reason that is, by its nature, not merely temporary for more than two consecutive years, this will result in the loss of your right of permanent residence.
- Different 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 accurate and complete to the best of your knowledge and belief so that your application can be processed without significant delays.
- Inaccurate or incomplete information can slow down the process and be detrimental to those affected. In serious cases, incorrect or incomplete information that is not supplemented or corrected in a timely manner with the Foreigners’ Registration Office may result in the revocation of residence rights already granted, a fine, imprisonment for up to three years, or deportation from the federal territory.
- Due to the complexity of residence and freedom of movement laws, this description is provided for informational purposes only and is not legally binding.
Legal basis
- § Section 2(2)(6) FreizügG/EU (opens in a new tab)
- § 3 FreizügG/EU (opens in a new tab)
- § 4 FreizügG/EU (opens in a new tab)
- § Section 4a FreizügG/EU (opens in a new tab)
- § Section 12 FreizügG/EU (EEA states) (opens in a new tab)
- § Section 47 Residence Ordinance (fees) (opens in a new tab)
- § Section 5 (5) sentence 2 of the Freedom of Movement Act/EU (opens in a new tab)
Legal remedy
- File an appeal against the decision of the Immigration Office within one month of its notification
- Lawsuit before the court specified in the notice of decision on the appeal, if the appeal is not granted
Deadlines
Duration: 6 to 8
Note (for more information on the deadline):
The required information and documents should be received by the Office of Immigration no later than 6 to 8 weeks before your residence card expires. Unless exceptional circumstances apply, you may apply for a permanent residence card no earlier than after a five-year period 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 once it expires.
Processing time
Duration (for the range): approx. 6 to 6
Note regarding further information on processing time:
The processing time may vary depending on the workload of the Foreigners’ Registration Office, but will not exceed six months.
It takes approximately 4 to 6 weeks for the Federal Printing Office to issue the permanent residence card.
Responsible body
The immigration office responsible for the applicant's place of residence
What do I need to bring or submit?
- A recognized and valid form of identification (such as a passport or passport substitute)
- Current biometric passport-sized photo (45 x 35 mm)
- For minors: Consent from the legal guardians for the planned stay (declaration of consent); if the parents with legal custody cannot submit the application jointly on behalf of their child, a written power of attorney from the absent parent is required; if only one parent has legal custody, that parent’s signature is sufficient
The Foreigners’ Registration Office may also require the following documents:
- Proof of the continued family relationship with the reference person (e.g., marriage or birth certificate)
- Proof that the sponsor has exercised their right to freedom of movement for the required duration (e.g., registration confirmation, employment contract or job offer, business license, or proof of self-employment)
If staying with a reference person who is not employed, the Foreigners’ Registration Office may also require:
- Proof of sufficient means of support
- Proof of adequate health insurance coverage (e.g., confirmation of insurance coverage from the health insurance provider or an insurance policy)
If you are staying with a sponsor who is a student, the Foreigners’ Registration Office may also require:
- The sponsor’s university admission letter or certificate of enrollment
- Proof of sufficient financial means
- Proof of health insurance coverage (e.g., confirmation from the health insurance provider regarding coverage or an insurance policy)
The documents and information must generally be submitted in German. In individual cases, the Foreigners’ Registration Office may request fewer or additional documents.
How much does it cost and how can I pay?
Fees
Fixed cost:
- 37.00 for people 24 and older
- 22.80 for people under 24
Note:
The timing and method of fee collection and payment vary depending on the agency.
Additional fees may apply for the issuance of the permanent residence card in credit card format with additional electronic functions (which can also be used as electronic proof of identity).
Forms, information sheets, links
- Online procedures are possible in some cases
- Written submission required: yes
- In-person appearance required: yes
Similar services
- Residence permit: Apply for family reunification with foreigners
- Applying for a residence permit on the basis of extensive professional knowledge
- Applying for a residence permit to look for a job after graduation
- Applying for a residence permit to look for a job after recognition of a foreign professional qualification
Contact us
Address
Team Allgemeines Ausländerrecht und EU-Angelegenheiten
Stadthaus Kaiserstraße Lauteren-Flügel
Kaiserstraße 3
55116 Mainz
Postal address
55026 Mainz
Your way to us
Accessibility
Information on accessibility
- Barrier-free access is available
- The WC is barrier-free
Information on public transportation
Bus stop: Central station
Lines: 6, 9, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 62, 63,
67, 69, 76, 68, 69, 76, 79, 80, 81, 90, 91, 92, 93, 630,
652, 653, 654, 660
Parking garage Bonifaziustürme and parking garage Cityport
Further information
The entrance for mail and goods deliveries is located in Bonifaziusstraße.
Night mailboxes are located at
- Stadthaus Große Bleiche, Löwenhofstr. 1, to the left of the sliding door and at the
- Stadthaus Kaiserstraße, Lauterenflügel, Kaiserstr. 3- 5, to the right of the entrance door