Submit information on the issuance of a residence card for family members of EU/EEA citizens (except Germany) and the EEA
As 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), you have the right to move freely within the European Union with your reference person, to enter and reside in any Member State if the conditions under EU law are met. This also includes the free choice of residence in the member states of the European Union.
A third-country national is anyone who does not have the nationality of an EU member state, the EEA or Switzerland.
"Family members" means the following persons:
- spouses, civil partners and relatives in the direct descending line (e.g. children) and their spouses/partners, provided that they are not yet 21 years old, and
- Relatives of Union citizens entitled to freedom of movement in the direct ascending and direct descending lines (older children, grandchildren, parents and grandparents) or their spouses or partners who are dependent on Union citizens or their spouses or partners.
If the EU or EEA citizen studies in Germany, the group of family members entitled to reunification is limited to spouses and civil partners as well as children who are dependent.
If you are a family member of a third-country national, you will need a visa to enter Germany, unless entry can be made 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 freedom of movement, that you accompany this person and that you are in possession of a recognised or otherwise approved passport or passport substitute.
For a stay of more than three months, you need a residence card, which will be issued to you by the Foreigners' Registration Office ex officio and within six months.
In this case, the Foreigners' Registration Office will check whether the conditions for freedom of movement are met. Among other things, it may require proof of the family relationship with the reference person (e.g. by documentary proof). In addition, you may be required to provide proof that the caregiver has actually exercised his or her right to freedom of movement (e.g. by presenting a registration certificate). If the reference person you are accompanying or joining is not employed, you should also have sufficient means of subsistence and sufficient health insurance coverage (this also applies to children you may be accompanied). Proof of language proficiency is generally not required to obtain a residence card.
Until a decision has been made on the issuance of the residence card, your stay in Germany is considered lawful.
With the issuance of the residence card, the existence of the right of freedom of movement is established. As a rule, the residence card is issued for five years, unless a shorter period results from the stay of your reference person from whom you derive your right of residence.
If you have not yet reached the age of 18, a person entitled to your personal custody must agree to your planned stay in Germany.
Process flow
Before entering Germany, you usually have to apply for a visa for Germany in your home country. After your entry, you can initially stay in Germany for three months without any further requirements. For longer stays, you will need to apply for a residence card.
You can provide the necessary information to obtain the residence card when you register at the registration office. From there, your details will then be forwarded to the Foreigners' Registration Office. In this case, you do not have to contact the Foreigners' Registration Office again. They will get back to you.
If you would like to receive the residence card at a later date (after three months at the latest), please contact the Foreigners' Registration Office. For this purpose, information must be submitted to the immigration authority responsible for your place of residence.
The procedure is as follows:
- Depending on the Foreigners' Registration Office, it may be possible to receive your details via the Internet. Find out whether your Foreigners' Registration Office offers electronic acceptance.
In the event of an electronic submission, the Foreigners' Registration Office will contact you after receipt of your information in order to request additional documents if necessary and to make an appointment with you at the Foreigners' Registration Office. During the appointment, your documents will be checked (bring the original with you to the appointment if you are asked to do so).
- If it is only possible to submit your information in person, make an appointment with the Foreigners' Registration Office. During the appointment, your details will be received and your evidence will be checked (bring the original with you to the appointment if you are asked to do so).
- Regardless of the result of the examination by the Foreigners' Registration Office, you will immediately receive a certificate stating that you have provided the necessary information for the issuance of the residence card in order to be able to prove that you are legally resident.
- Once the examination has been completed, you will be issued either a residence card or a rejection notice within six months.
- As a rule, the residence card is issued for five years, unless a shorter period results from the residence of your reference person, from whom you derive your right of residence.
- The residence card is issued in credit card format with additional electronic functions (eATKarte). Your fingerprints will be taken at the Foreigners' Registration Office for the production. You will also need to provide a signature.
- After about six to eight weeks, you can pick up the eAT card at the Foreigners' Registration Office. The collection must always be done in person.
Fees are charged for the issuance of the residence card and the eAT card. The timing and form of payment vary depending on the authority
Requirements
- You are a family member of an EU or EEA citizen residing in Germany, but do not have any of these nationalities yourself.
- You have a recognized or otherwise approved, valid passport or passport substitute and, if this was required for entry - a visa.
- If required, you can provide the evidence and documents mentioned under "Required documents"
Which documents are required?
- Recent biometric photo
- Consent of the person with custody to the planned stay if you have not yet reached the age of 18
The Foreigners' Registration Office may require the submission of the following documents:
- Recognized or otherwise approved, valid passport or passport substitute
- Proof of the existence of the family relationship with the reference person (e.g. marriage, birth certificate)
- Proof that the reference person has exercised his or her right to freedom of movement (e.g. confirmation of registration, employment contract or assurance of employment, trade license or proof of self-employment)
If you have recently entered the country, the Foreigners' Registration Office may also require:
- Visa, if it was required for entry
In the case of reunification with a non-gainfully employed reference person, the Foreigners' Registration Office may also require:
- Proof of sufficient means of subsistence
- Proof of adequate health insurance coverage
In the case of reunification with a reference person during your studies, the Foreigners' Registration Office may also require:
- Admission of the university or certificate of enrollment of the reference person
- Proof of sufficient means of subsistence and health insurance
In individual cases, the Foreigners' Registration Office may request further documents.
What are the fees?
There are no fees for issuing the visa.
Issuance of residence card: EUR 28.80
Issuance of residence card for persons under 24 years of age: EUR 22.80
Under certain conditions, a fee reduction or fee waiver may be considered.
Note: The fee for issuing the electronic residence permit (eAT card) is EUR 67
Fee: free of charge
Fee: 28,80 EURPayment in advance: No
Emission: 22,80 EURPayment in advance: No
Fee: 67,00 EURPayment in advance: No
What deadlines do I have to pay attention to?
- In order to obtain the residence card, the required information can be deposited with the registration office as part of the registration office or transmitted to the immigration office no later than three months after entry.
- The residence card is issued within six months and is usually valid for five years.
- Deadline for lodging an appeal against the negative decision of the Foreigners' Registration Office: one month
Processing duration
You can inquire about the processing time of the visa procedure at the German diplomatic missions abroad at the diplomatic mission responsible for you.
The processing time for the issuance of a residence card is about six to eight weeks, up to a maximum of six months.
Legal basis
Section 5 (1) of the Freedom of Movement Act/EU (FreizügG/EU)
Applications / forms
- Online procedures possible in isolated cases
- Written form required: yes
- Personal appearance required: yes
What else should I know?
Special feature:
After the residence card has been issued, the existence or continued existence of the conditions under EU law may be reviewed for special reasons. If the requirements for the right of residence cease to apply within five years of the establishment of the residence in Germany or are no longer met, the residence card can be withdrawn.
If you have resided legally in Germany with your reference person for five years, you can apply for a permanent residence card.
Note for Swiss nationals and their family members:
Because Switzerland is not a member of the EU or the EEA, a different regulation applies to Swiss citizens. Swiss nationals and their family members are obliged to report their stay in Germany for more than three months to the Foreigners' Registration Office of their place of residence and then receive a "Swiss Residence Permit".
Note for UK nationals and their family members (Brexit):
On 1 February 2020, the United Kingdom of Great Britain and Northern Ireland withdrew from the European Union. For British nationals entitled to freedom of movement and their family members, the right to freedom of movement will continue to apply until 31 December 2020.
The competent immigration authority will provide information on which regulations will apply in individual cases from 1 January 2021 (grandfathering or application of the general right of residence, in particular the Residence Act).
- Information from the Federal Ministry of the Interior, Building and Community on freedom of movement:
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 the subject of immigration from the EU:
https://www.bamf.de/DE/Themen/MigrationAufenthalt/ZuwandererEuropa/zuwanderereuropa-node.html
- Information from the Federal Ministry of the Interior, Building and Community on Brexit: https://www.bmi.bund.de/DE/themen/verfassung/europa/brexit/brexitartikel.html
- You can also get free advice on the topics of entry, residence and work from the "Hotline Working and Living in Germany" from the Federal Government's portal for skilled workers from abroad.
Phone: 030 1815-1111
Service hours: Monday to Friday from 8:00 a.m. to 4:00 p.m.
Technically approved by
Ministry of the Interior and Local Government
of the State of Brandenburg
Professionally released on
23.10.2020
Author
The text was automatically translated based on the German content.
