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Applying for a residence card for family members of EU citizens

Service description
As a third-country national who is a family member of a national of the European Union (EU) or a state of the European Economic Area (EEA: Norway, Iceland and Liechtenstein), you have the right – provided the conditions under EU law are met – to move freely within the European Union with your sponsor, to enter any Member State and to reside there. This also includes the freedom to choose your place of residence in the Member States of the European Union.

A third-country national is a person who does not hold the nationality of an EU Member State, an EEA country or Switzerland.

‘Family members’ are the following persons:
- Spouses, civil partners and relatives in the direct line of descent (e.g. children), as well as their spouses or civil partners, provided they are under 21 years of age, and
- Relatives of EU citizens entitled to the right of free movement in the direct ascending and descending lines (older children, grandchildren, parents and grandparents) or their spouses or civil partners, who are dependent on the EU citizens or their spouses or civil partners for their maintenance.
If an EU or EEA citizen is studying in Germany, the group of family members entitled to join them is limited to spouses and civil partners, as well as children for whom they provide financial support.

If you are a family member who is a third-country national, you will need a visa to enter Germany, unless you are eligible for visa-free entry.

During the first three months of your stay in Germany, your right to reside is subject only to the following conditions: that you have a family relationship with the reference person who is entitled to freedom of movement; that you are accompanying that person; and that you are in possession of a recognised or otherwise authorised passport or passport substitute.

For a stay of more than three months, you will need a residence card, which will be issued to you automatically by the Immigration Authority within six months.

In this case, the Immigration Authority will check whether the conditions for freedom of movement have been met. Among other things, it may require proof of the family relationship with the reference person (e.g. by means of official documentation). In addition, you may be required to provide evidence that the reference person has actually exercised their right to freedom of movement (e.g. by presenting a certificate of registration). If the reference person whom you are accompanying or joining is not in employment, you should also be able to demonstrate sufficient means of support and adequate health insurance cover (this also applies to any children you may be accompanying). Proof of language proficiency is generally not required to obtain a residence permit.

Until a decision has been made on whether to issue your residence card, your stay in Germany is considered lawful.

The issue of a residence card confirms that you have the right to freedom of movement. The residence card is normally issued for five years, unless a shorter period results from the length of stay of your reference person, from whom you derive your right of residence.

If you are under 18, a person authorised to have custody of you must give their consent to your planned stay in Germany.
Procedure
Before entering Germany, you will usually need to apply for a visa for Germany in your home country. Once you have entered the country, you may initially stay in Germany for three months without having to fulfil any further requirements. For longer stays, you will need to apply for a residence permit.

You can provide the information required to obtain your residence card when you register with the registration office. Your details will then be forwarded from there to the Immigration Office. In this case, you do not need to contact the Immigration Office again. They will get in touch with you.

If you wish to receive your residence card at a later date (after three months at the latest), please contact the Foreigners’ Registration Office. To do so, you must submit the relevant details to the Foreigners’ Registration Office responsible for your place of residence.

The procedure is as follows:
- Depending on the immigration office, it may be possible to submit your details online. Please check whether your immigration office offers this online service.
If you submit your application electronically, the Immigration Authority will contact you once it has received your details to request any further documents, if necessary, and to arrange an appointment with you at the Immigration Authority. During the appointment, your documents will be checked (please bring the originals with you to the appointment if you are asked to do so).
- If you can only submit your details in person, please arrange an appointment with the Foreigners’ Registration Office. During the appointment, your details will be recorded and your supporting documents will be checked (please bring the originals with you to the appointment if you are asked to do so).
- 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.
- Once the assessment has been completed, you will be issued with either a residence card or a notice of refusal within six months.
- The residence card is normally issued for five years, unless a shorter period results from the length of stay of the person on whom your right of residence is based.
- The residence card is issued in credit card format with additional electronic functions (eAT card). Your fingerprints will be taken at the Immigration Office for the card to be produced. You will also need to provide a signature.
- After around six to eight weeks, you can collect your eAT card from the Foreigners’ Registration Office. You must always collect it in person.
Fees are payable for the issue of the residence card and the eAT card. The timing and method of payment vary depending on the relevant authority
Who should I contact?
Contact the foreigners authority.
Prerequisites
- You are a family member of an EU or EEA national residing in Germany, but you yourself do not hold either of these nationalities.
- You hold a recognised or otherwise valid passport or passport substitute and, where required for entry, a visa.
- If necessary, you may provide the supporting evidence and documents listed under ‘Required documents’
Which documents are required?
- Current biometric photo
- Consent from your legal guardian to the planned stay, if you are under 18 years of age
The Immigration Authority may require the following documents to be submitted:
- A recognised or otherwise authorised, valid passport or passport substitute
- Proof of the 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 (e.g. confirmation of registration, employment contract or offer of employment, business licence or proof of self-employment)
In connection with your recent entry into the country, the Immigration Authority may also require:
- Visa, if required for entry
In the case of a family member joining a reference person who is not in employment, the Immigration Authority may also require:
- Proof of sufficient means of support
- Proof of adequate health insurance cover
If you are joining a sponsor whilst studying, the Foreigners’ Registration Office may also require:
- Admission letter from the university or certificate of enrolment for the reference person
- Proof of sufficient means of support and health insurance
In individual cases, the foreigners authority may request further documents.
What fees are incurred?
No fees are charged for the issue of the visa.

Issue of a residence card: EUR 28.80

Issue of a residence card for persons under 24 years of age: EUR 22.80

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

Please note: The fee for issuing the electronic residence permit (eAT card) is 67 EUR
What deadlines do I have to observe?
- To obtain a residence card, the necessary details may be provided when registering with the registration office, or submitted to the Immigration Authority no later than three months after entry.
- The residence card is issued within six months and is normally valid for five years.
- Time limit for lodging an appeal against a negative decision by the Immigration Authority: one month
Processing time
You can enquire about the processing time for visa applications at German diplomatic missions abroad by contacting the mission responsible for your case.

The processing time for issuing a residence card is approximately six to eight weeks, but no more than six months.
Legal basis
Legal remedy
- 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.
Applications / Forms
- Online procedure occasionally possible
- Personal appearance required: yes
What else should I know?
Special feature:

Once the residence card has been issued, the existence or continued fulfilment of the conditions laid down in EU law 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 you have been residing legally in Germany continuously for five years with your sponsor, you can apply for a permanent residence permit.

Note for Swiss nationals and their family members:

As Switzerland is not a member of the EU or the EEA, different rules apply to Swiss nationals. Swiss nationals and their family members are required to register a stay in Germany lasting longer than three months with the immigration office in their place of residence, after which they will be issued with a ‘residence permit for Swiss nationals’.

Information for British nationals and their family members (Brexit):

On 1 February 2020, the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union was finalised. For British nationals entitled to freedom of movement and their family members, this right will continue to apply, initially until 31 December 2020.

The relevant immigration authority will provide information on which regulations will apply in individual cases from 1 January 2021 (grandfathering provisions or the application of the general right of residence, in particular the Residence Act).
Author
Forwarding service: Deep link to the original portal
- Residence permit for family members of EU citizens – issued in Saxony-Anhalt
  Display of performance in the source portal

Responsible departments

Salzlandkreis - 30 Specialist service for aliens and asylum law