Citizens 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 Residence Act (which is stricter in many respects). 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 by the immigration office ex officio within six months.

The immigration authorities will check whether you meet the requirements for freedom of movement. Among other things, this depends on whether your reference person is employed or not.

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

The issuance of the residence card confirms that you have the right of free movement.

If you are under 18 years of age, the persons entitled to care for you must consent to your planned stay in Germany.

• You are a third-country national (i.e., you are not a citizen of an EU member state, the EEA, or Switzerland).
• You are a family member of a person with German citizenship, i.e. you are
  • spouse,
  • civil partner,
  • a direct descendant (e.g., children) of the German citizen or spouse/partner who is under 21 years of age or who is dependent on them for support, or
  • a relative in the direct ascending line (e.g., parents and grandparents) of the German citizen or the spouse or life partner who is supported by them.

Please note: In the case of student reference persons, the group of family members eligible for reunification is limited to spouses and life partners as well as children who are provided for.

• 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 situations applies:
  • Returning with your German sponsor after a joint stay in an EU/EEA country (return cases): You can invoke the right to freedom of movement if you have stayed in another EU/EEA country with your German reference person for at least three months, your settlement as a family abroad 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 (it must not have been established retrospectively).
  • Acquisition of German citizenship 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 citizen of another EU or EEA country,
    • had exercised their right to freedom of movement in Germany,
    • then acquired German citizenship, and
    • now wishes to live with you in a family relationship in Germany.

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

Right of residence of a Union citizen and their parent who cares for them (German minor child): As the parent of a German minor child, you can derive a right of free movement from this if your child has the nationality of an EU/EEA country in addition to German nationality and has not yet exercised or been able to exercise their right of free movement (i.e., has not yet traveled to another EU or EEA country).

• You can provide the information required to obtain a residence card when you register with the registration office. Your information will then be forwarded to the immigration office. You can also submit your information directly to the immigration office responsible for your place of residence.
• Find out whether your immigration office allows online submission or has a special form.
• If submission is only possible in person, make an appointment with the immigration office. In the case of online submission, the immigration office will contact you after receiving your information to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents, if possible the originals, with you to the appointment).
• Regardless of the outcome of the immigration office's review, you will immediately receive a certificate confirming that you have provided the information required for the issuance of a residence card in order to prove that you are legally resident in Germany.
• If there are no reasons to the contrary, your fingerprints will be taken for the production of the residence card. You will also be required to provide a signature.
• The Foreigners' Registration Office will commission the Federal Printing Office 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. The card must always be collected in person.
• The residence card is usually issued within six months.
• If the issuance of a residence card is refused, you will receive a notification.

• The procedure is usually conducted in German.
• After the residence card has been issued, its validity may be reviewed for special reasons. If the conditions for the right of residence no longer apply within five years of establishing residence in Germany, the residence card may be revoked.
• If the issuance of a residence card is not possible, a residence permit may be granted in accordance with Section 28 of the Residence Act (family reunification with German citizens).
• If you have resided legally in Germany with your reference person for five years, you can apply for a permanent residence card.
• Different provisions apply to citizens of Switzerland and the United Kingdom of Great Britain and Northern Ireland (see "Further information").
• All information provided to the immigration authorities 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 process and be detrimental to those affected. In serious cases, incorrect or incomplete information that is not completed or corrected in time to the immigration authorities can result in the withdrawal of residence rights already granted, a fine, imprisonment for up to three years, or expulsion from Germany.
• Due to the complexity of residence and freedom of movement law, this description is for informational purposes only and is not legally binding.

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

Application deadline

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

Period of validity

5 years

Note (for further information on the deadline):

The residence card is usually issued for five years, unless the residence of your reference person, from whom you derive your right of residence, results in a shorter period.

Duration (range): approx. 6 weeks to 6 months

Note for further information on processing time:

The processing time may vary depending on the workload of the immigration office, but will not exceed six months.

It takes approximately 4 to 6 weeks for the Federal Printing Office to produce the residence card.

The immigration office responsible for the applicant's place of residence is responsible for processing the application.

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

In the case of family reunification with a non-working reference person, the immigration office may also require:

• Proof of sufficient means of subsistence
• Proof of health insurance coverage (e.g., confirmation of insurance coverage from the health insurance company or insurance policy)

When joining a caregiver who is studying , the immigration office may also require:

• University admission or certificate of enrollment for the reference person
• Proof of sufficient means of subsistence
• Proof of health insurance coverage (e.g., confirmation of insurance coverage from the health insurance company or insurance policy)

Please note: This proof must also be provided for third-country national children who are joining a relative.

The documents and information must always be submitted in German. In individual cases, the immigration office may require less or more evidence.

Cost (fixed):

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

Note:

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

Additional fees may apply for the issuance of a residence card in credit card format with additional electronic functions (also usable as electronic proof of identity).

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes