Permanent residence card for third-country national family members of EU citizens

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) and have resided legally in Germany with your family member who is entitled to freedom of movement for a period of five years, you can obtain a permanent right of residence and apply for a permanent residence card from the immigration authority, regardless of whether the conditions under EU law are still met.

The foreigners authority will check the duration and legality of your previous periods of residence and will issue the permanent residence card within six months if the requirements are met.

Your five-year permanent residence is "lawful" if you have fulfilled the requirements under EU law for the free movement of third-country national family members over a period of five years.

Shorter periods of absence are irrelevant when calculating the period for acquiring the right of permanent residence. For example, permanent residence can also be assumed when leaving the federal territory for a total of six months per year, for military service or alternative service as well as once for up to twelve consecutive months for good cause (e.g. due to serious illness, studies, vocational training).

Acquiring the right of permanent residence gives you an improved legal status regardless of your nationality. The right of permanent residence is independent of the continued existence of the conditions for freedom of movement. In addition, protection against deportation is increased.

Under certain conditions, spouses, life partners and children can also obtain the right of permanent residence independently of permanent residence with the reference person entitled to freedom of movement (e.g. in the event of the death or departure of the reference person). In individual cases, it is also possible for you as a family member of a working EU or EEA citizen to obtain a permanent right of residence before five years have elapsed (e.g. if you have permanent residence with the EU citizen, but the latter dies prematurely as a result of an accident at work or an occupational disease before five years have elapsed).

If you have not yet reached the age of 18, a person entitled to your personal care must consent to the planned stay

• Current biometric photo
• Consent of the person with parental authority to the planned stay if you have not yet reached the age of 18

The Immigration Office may request the submission of the following documents:

• Recognized or otherwise approved, valid passport or passport substitute
• Proof of the continued family relationship with the reference person (e.g. marriage certificate, birth certificate)
• Proof that the reference person has exercised their right to freedom of movement for the required duration (e.g. confirmation of registration, employment contract or confirmation of employment, trade license or proof of self-employment)

In the case of residence with a reference person who is not gainfully employed, the immigration authority may also require

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

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

• Admission to the university or certificate of enrollment of the reference person
• Proof of sufficient means of subsistence and health insurance

In individual cases, the Immigration Office may request further documents.

Under certain conditions, a fee reduction or fee exemption may be possible

• Fee: 37,00 EUR
  Issuing a permanent residence card
• Fee: EUR 22.80
  for persons under 24 years of age

§Section 5 (5) sentence 2 FreizügG/EU

• The permanent residence card can be applied for at the earliest after a permanent legal residence of five years.
• The permanent residence card will be issued for an unlimited period within six months.
• Appeal period against a negative decision by the immigration authority: one month