Administrative services A-Z

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: Yes

Nationals of the European Union (EU) and the European Economic Area (EEA: Iceland, Liechtenstein, Norway) and their family members are primarily entitled to freedom of movement.

Your residence as a third-country national family member of a German citizen is usually governed by the (in many respects stricter) Residence Act. Under certain circumstances, however, you can invoke the right to freedom of movement.

For a stay of more than three months, you will need a residence card, which will be issued to you ex officio by the foreigners authority within six months.

The immigration authority will check whether the conditions for freedom of movement are met. This depends, among other things, on whether your reference person is gainfully employed or not.

Until a decision is made on issuing the residence card, your stay in Germany is considered legal.

When the residence card is issued, the existence of the right to freedom of movement is established.

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

• You are a national of a third country (i.e. you are not a national of an EU member state, the EEA or Switzerland).
• You are a family member of a person with German nationality, i.e. you are
  • spouse,
  • life partner,
  • a relative in the direct descending line (e.g. children) of the German or the spouse/partner who has not yet reached the age of 21 or who is dependent on them, or
  • a relative in the direct ascending line (e.g. parents and grandparents) of the German or of the spouse or life partner who is dependent on them.

Please note: In the case of reference persons who are students, the group of family members entitled to join you is limited to spouses and life partners as well as children who are granted maintenance.

• You have a close family relationship with the EU or EEA citizen (you do not necessarily have to live together).
• You wish to stay in Germany for longer than three months.
• One of the following constellations applies:
  • Returning with your German reference person after a joint stay in an EU/EEA country (return cases): You can invoke the right to freedom of movement if you stayed for at least three months together with the German reference person in another EU/EEA state, your settlement as a family abroad was conducive to the development or consolidation of your family life and your family affiliation already existed at the time of your joint stay abroad (this must not have been established at a later date).
  • Acquisition of German nationality by your reference person: You can derive a right to freedom of movement from your German reference person if
    • your German reference person was previously a national of another EU or EEA country,
    • exercised their right to freedom of movement in Germany,
    • then acquired German citizenship and
    • now wishes to live with you in a family partnership in Germany.

It does not matter whether your reference person gives up their previous nationality or retains it alongside their German nationality.

Right of residence of a Union citizen and his/her parent caring for him/her (German minor child): As the parent of a German minor child, you can derive a right to freedom of movement from this child if your child also has the nationality of an EU/EEA state in addition to German nationality and has not yet made or been able to make use of his/her right to freedom of movement (i.e. has not yet traveled to another EU or EEA state).

• Recognized and valid identity document (e.g. passport or passport substitute)
• Visa, if this was required for entry
• Current biometric photo in passport format (45 x 35 mm)
• Proof of the existence of a family relationship with the reference person (e.g. marriage or birth certificate)
• Proof that the reference person is exercising their right to freedom of movement (e.g. confirmation of registration, employment contract or confirmation of employment, trade license or proof of self-employment)
• For minors: Consent of the persons with custody rights to the planned stay (declaration of consent); if the parents with custody rights cannot submit the application jointly for their child, a written power of attorney from the absent parent is required; if only one parent has custody rights, the signature of this parent is sufficient

When joining a non-employed caregiver, the Immigration Office may also require

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

If you are joining a reference person who is studying, the immigration authority may also require

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

Please note: This proof must also be provided for children from third countries who are joining the reference person.

The documents and information must always be submitted in German. In individual cases, the immigration authority may require less or further proof.

Cost amount (fixed):

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

Remark:

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

Additional fees may be charged for issuing the residence card in cheque card format with additional electronic functions (can also be used as electronic proof of identity).

• § Section 47 Residence Ordinance (AufenthV)
• § Section 1 Ordinance on fees for ID cards and eID cards for EU citizens and nationals of the European Economic Area (PAuswGebV)

• You can provide the information required to obtain a residence card when you register at the registration office. From there, your details will be forwarded to the foreigners authority. You can also submit your details directly to the foreigners authority responsible for your place of residence.
• Find out whether your foreigners authority allows you to submit your application online or has a special form available.
• If submission is only possible in person, make an appointment at the foreigners authority. In the case of online submission, the immigration office will contact you after receiving your details to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents to the appointment, if possible in the original).
• Irrespective of the result of the immigration authority's check, you will immediately receive a certificate stating that you have provided the information required for the residence card to be issued in order to be able to provide proof of proper residence.
• If there are no reasons to the contrary, your fingerprints will be taken to produce the residence card. You must also provide a signature.
• The Foreigners' Registration Office will commission the Federal Printing Office to produce the residence card in credit card format. After completion, you will receive information and can collect the residence card from the responsible office. You must always collect it in person.
• The residence card is usually issued within six months.
• If you are refused a residence card, you will receive a notification.

Application deadline

To obtain a residence card, the required information should be submitted to the immigration authority no later than three months after entry.

Period of validity

5 years

Note (for further information on the deadline):

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 foreigners authority responsible for the applicant's place of residence is responsible for processing the application.

In the state of Brandenburg, this is if you

- live in a town or municipality belonging to the district: the district administration,

- live in a district-free city: the city administration.

• Directory of authorities in Brandenburg

• § Section 1(1)(6) and (3)(3) of the Freedom of Movement Act/EU (FreizügG/EU)
• § Section 2 Freedom of Movement Act/EU (FreizügG/EU)
• § Section 3 of the Freedom of Movement Act/EU (FreizügG/EU)
• § Section 4 Freedom of Movement Act/EU (FreizügG/EU)
• § Section 5 (1) and (2) of the Freedom of Movement Act/EU (FreizügG/EU)
• § Section 5a (2) of the Freedom of Movement Act/EU (FreizügG/EU)
• § Section 12a of the Freedom of Movement Act/EU (FreizügG/EU)

• The procedure is usually carried out in German.
• After the residence card has been issued, its continued validity can be reviewed for special reasons. If the requirements for the right of residence no longer apply within five years of establishing residence in the federal territory or no longer apply, the residence card may be withdrawn.
• If a residence card cannot be issued, a residence permit may be issued in accordance with § 28 of the Residence Act (family reunification with Germans).
• If you have resided legally in Germany for five years with your sponsor, you can apply for a permanent residence card.
• Different regulations apply to nationals of Switzerland and the United Kingdom of Great Britain and Northern Ireland (see "Further information").
• All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that your application can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the revocation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
• Due to the complexity of residence and freedom of movement law, this description is for information purposes only and is not legally binding.

• Information from the Federal Ministry of the Interior and Home Affairs on freedom of movement
• Information from the Federal Ministry of the Interior and Home Affairs on freedom of movement
• Information from the Federal Office for Migration and Refugees on immigration from the EU
• Information from the European Union on the residence card for family members from a non-EU country
• Information from the Federal Ministry of the Interior and Home Affairs on Brexit

Ministry of the Interior and Municipal Affairs of the State of Brandenburg