Submit details regarding the issue of a residence card for family members of German nationals who are third-country nationals

• You can provide the information required to obtain your residence card when you register with the registration office as required by law. Your details will then be forwarded from there to the Immigration Authority. You can also submit your details directly to the Immigration Authority responsible for your place of residence.
• Find out whether your immigration office allows you to submit your application online or provides a specific form.
• If you can only submit your application in person, please book an appointment with the Immigration Office. If you submit your application online, the Immigration Office will contact you once it has received your details to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents to the appointment, preferably in the original).
• Regardless of the outcome of the Foreigners’ Registration Office’s assessment, you will immediately receive a certificate confirming that you have provided the information required for the issue of your residence card, so that you can prove that you are residing in the country lawfully.
• Unless there are reasons not to, your fingerprints will be taken for the purpose of issuing your residence card. You will also be required to provide a signature.
• The Foreigners’ Registration Office commissions the Bundesdruckerei to produce the residence card in credit-card format. Once it has been produced, you will be notified and can collect the residence card from the relevant office. You must always collect it in person.
• Residence cards are normally issued within six months.
• If your application for a residence card is refused, you will receive a notice.

the immigration authority responsible for the family member’s place of residence

• 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 of German nationality, i.e. you are
  • Spouse,
  • Life partner,
  • a relative in the direct descending line (for example, children) of the German national or their spouse or civil partner, who has not yet reached the age of 21 or who is receiving maintenance from them, or
  • a relative in the direct ascending line (for example, parents and grandparents) of the German national or of their spouse or civil partner, to whom that German national provides maintenance.

Please note: In the case of student sponsors, the group of family members eligible to join them is limited to spouses and civil partners, as well as children for whom maintenance is provided.

• You have a close family relationship with the EU or EEA national (you do not necessarily have to live together for this to apply).
• You would like to stay in Germany for longer than three months.
• One of the following scenarios applies:
  • Returning with your German reference person following a joint stay in an EU/EEA country (return cases): You may invoke the right to free movement if you have resided for at least three months together with your German reference person in another EU/ EEA country, your settlement abroad as a family was conducive to the development or consolidation of your family life, and your family relationship already existed at the time of your joint stay abroad (this must not have been established retrospectively).
  • Acquisition of German nationality by your reference person: You may derive a right to freedom of movement from your German reference person if
    • if their German carer was previously a national of another EU or EEA country,
    • having exercised his right to freedom of movement in Germany,
    • has subsequently acquired German nationality and
    • now wishes to live with you as a family in Germany.

It does not matter whether your dependent renounces their previous nationality or retains it alongside German nationality.

Right of residence of an EU citizen and their parent who is their carer (German child under the age of majority): As the parent of a German child under the age of 18, you may derive a right to freedom of movement from your child if your child holds the nationality of an EU or EEA country in addition to German nationality and has not yet exercised, or been able to exercise, their right to freedom of movement (i.e. has not yet travelled to another EU or EEA country).

• Recognised and valid identity document (e.g. passport or passport substitute)
• Visa, if required for entry
• Current biometric photo in passport format (45 x 35 mm)
• Proof of the family relationship with the reference person (for example, a marriage certificate or birth certificate)
• Proof that the primary carer is exercising their right to freedom of movement (for example, a registration certificate, an employment contract or a letter of offer, a business licence or proof of self-employment)
• In the case of minors: Consent from the persons with parental responsibility for the planned stay (declaration of consent); if the parents with parental responsibility are unable to submit the application jointly on behalf of their child, a written power of attorney from the absent parent is required; if parental responsibility lies with only one parent, that parent’s signature is sufficient

In the case of family reunification with a non-working primary carer, the Immigration Authority may also require:

• Proof of sufficient means of support
• Proof of health insurance cover (for example, a confirmation of cover from your health insurance provider or an insurance policy)

If you are joining a primary carer whilst studying, the Immigration Authority may also require:

• University admission letter or certificate of enrolment for the guardian
• Proof of sufficient means of support
• Proof of health insurance cover (for example, a confirmation of cover from your health insurance provider or an insurance policy)

Please note: These documents must also be provided for children who are nationals of third countries and who are joining their primary carer.

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

• § Section 47 Residence Ordinance (AufenthV)
• Section 1 of the Ordinance on Fees for Identity Cards and eID Cards for Citizens of the European Union and Nationals of the European Economic Area (PAuswGebV)

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

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

Informal application possible: Yes

Personal appearance required: Yes

• The proceedings are usually conducted in German.
• Once a residence card has been issued, its validity may be reviewed on specific grounds. If the conditions for the right of residence cease to apply or are no longer met within five years of the commencement of residence in Germany, the residence card may be withdrawn.
• If the issue of a residence card is not an option, the granting of a residence permit under Section 28 of the Residence Act (family reunification with German nationals) may be considered.
• If you have been residing legally in Germany with your sponsor for five years, you can apply for a permanent residence permit.
• Different rules 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 the request 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 cancellation 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 the law governing residence and freedom of movement, this description is provided for information purposes only and is not legally binding.