Apply for a certificate of permanent residence for EU/EEA citizens entitled to freedom of movement
EU and EEA citizens who have acquired permanent residence rights can apply to the immigration authorities for a certificate confirming this right.
What do I need to know?
Service description
Citizens of the European Union (EU) and the European Economic Area (EEA: Norway, Iceland, and Liechtenstein) do not generally require a residence permit to enter and reside in Germany.
If you are an EU or EEA citizen and have been legally resident in Germany for a period of five years, you can acquire a permanent right of residence. The permanent right of residence arises directly by virtue of law. You can apply to the immigration office for a certificate confirming your permanent right of residence.
Under certain conditions, you can acquire a permanent right of residence before the five-year period has expired, e.g. if you:
- have been permanently resident in Germany for at least three years, have been gainfully employed in Germany or another member state of the European Union for the last twelve months and have since retired from working life due to your age (reaching the age of 65) or due to an early retirement scheme;
- have given up your job in Germany or another EU country because you can't work anymore due to an accident at work or an occupational disease, and you're entitled to a pension in Germany;
- have given up your occupation in Germany or another member state of the European Union as a result of full incapacity for work after having previously resided in Germany for at least two years, or
- have been gainfully employed in Germany for three years, are now gainfully employed in another member state of the European Union, but still have a residence in Germany to which you return at least once a week.
The certificate of permanent residence is issued by the immigration office after it has checked whether you have fulfilled the required periods of residence in Germany. It is not necessary for you to have resided in Germany continuously during the required period. Certain absences from the federal territory are irrelevant for the acquisition of permanent residence. For example, if you leave the federal territory for a total of six months in a year to perform military service or alternative service, or for an important reason for up to twelve consecutive months (e.g., due to serious illness, studies, vocational training), you can still be considered to have permanent residence. Periods of imprisonment that were not suspended on probation are not taken into account for the acquisition of permanent residence rights.
If you have interrupted your stay in Germany for a longer period of time, it is not possible to add together previous and subsequent periods in order to reach the minimum period of residence required to acquire the right of permanent residence.
If necessary, the immigration authorities may also check the legality of your stay, i.e., whether you have fulfilled the requirements of the right of free movement throughout the entire period.
By acquiring the right of permanent residence, you will obtain an improved ("consolidated") legal status, regardless of your nationality. The right of permanent residence is therefore independent of the continued existence of the conditions for freedom of movement. In addition, your protection against expulsion will increase. However, if you leave the federal territory for more than two consecutive years, this may result in the loss of your right of permanent residence.
The certificate is issued for an indefinite period and confirms that you have acquired the right of permanent residence. The document is not an identity document, i.e., you cannot use the certificate to prove your identity. Therefore, it does not contain a photograph, nor is there any obligation to update the information in the document in the event of changes (e.g., you do not have to have the certificate updated if you obtain a new passport or identity card or if your address changes).
If you are under 18 years of age, your legal representative (e.g., the person authorized to care for you) must consent to your planned stay.
Prerequisites
- You are a citizen of the EU or the EEA
- You can prove that you have resided in Germany for the required period of time (usually five years, but in special cases two or three years may suffice).
- You are legally resident in Germany, i.e. you have fulfilled the requirements of the right to freedom of movement throughout your entire stay.
- If necessary, you can provide the evidence and documents listed under "Required documents."
Procedure
- Depending on the immigration office, it may be possible to apply online. Find out whether your immigration office offers electronic applications. If you apply electronically, the immigration office will contact you after receiving your application to request any additional documents and to arrange an appointment with you at the immigration office. Your documents will be checked during the appointment (bring the originals with you to the appointment if you are asked to do so).
- If the application can only be submitted in person, make an appointment with the immigration office. During the appointment, your details will be taken and your supporting documents will be checked (bring the originals with you to the appointment if you are asked to do so).
- Once the review is complete, you will immediately be issued with a certificate of permanent residence or a rejection notice.
- You must pick up the certificate in person. You will be required to sign for it at the Foreigners' Registration Office.
Remark
- Information from the Federal Ministry of the Interior, Building, and Community on freedom of movement:
and
https://www.bmi.bund.de/SharedDocs/faqs/DE/themen/migration/freizuegigkeit/freizuegigkeit-liste.html
- Information from the Federal Office for Migration and Refugees on immigration from the EU:
https://www.bamf.de/DE/Themen/MigrationAufenthalt/ZuwandererEuropa/zuwanderereuropa-node.html
- Information from the Federal Ministry of the Interior, Building and Community on Brexit: https://www.bmi.bund.de/DE/themen/verfassung/europa/brexit/brexitartikel.html
What else should I know?
Note for Swiss nationals :
Because Switzerland is not a member of the EU or the EEA, different rules apply to Swiss nationals. The right of residence for Swiss nationals is governed by the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons.
Note for British citizens (Brexit) :
On February 1, 2020, the United Kingdom of Great Britain and Northern Ireland withdrew from the European Union. For British citizens entitled to freedom of movement and their family members, the right to freedom of movement initially continued to apply until December 31, 2020.
The competent immigration authority will provide information on which regulations will apply in individual cases from January 1, 2021.
Legal basis
- § 2 FreizügG/EU (opens in a new tab)
- § Section 4a FreizügG/EU (opens in a new tab)
- § Section 12 FreizügG/EU (EEA states) (opens in a new tab)
- § Section 47 (3) sentence 5 AufenthV (fee) (opens in a new tab)
- Annex D15 Residence Ordinance (opens in a new tab)
- § Section 5 (5) sentence 1 FreizügG/EU (opens in a new tab)
Legal remedy
An action for performance may be brought against a negative decision by the immigration authorities to issue a certificate of permanent residence.
Deadlines
- The certificate of permanent residence can be applied for after five years of continuous legal residence. In special cases, permanent residence can be certified after only two or three years.
- The certificate of permanent residence is issued immediately and is valid indefinitely.
Processing time
Your application for a certificate of permanent residence will be processed as soon as possible.
Responsible body
The immigration office responsible for the applicant's place of residence.
What do I need to bring or submit?
The immigration authorities may request the following documents:
- Recognized or otherwise approved, valid passport or passport substitute
- Proof that the right of free movement has been exercised for the periods of residence (e.g., registration confirmation, employment contract, trade license or proof of self-employment, sufficient means of subsistence and adequate health insurance coverage, certificate of enrollment)
- Consent of the legal representative to the planned stay if the person has not yet reached the age of 18.
In individual cases, the immigration authorities may request further documents.
How much does it cost and how can I pay?
Fees
Issuing of certificate: EUR 10.00
Under certain circumstances, a reduction or exemption from fees may be considered.
Forms, information sheets, links
- Online procedure possible in some cases
- Written form required: yes
- Personal appearance required: yes
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Contact us
Address
Team Allgemeines Ausländerrecht und EU-Angelegenheiten
Stadthaus Kaiserstraße Lauteren-Flügel
Kaiserstraße 3
55116 Mainz
Postal address
55026 Mainz
Your way to us
Contact persons
| Mr. BlindProcessing of general residence law: D, F, P, Q, Mi-Mt | +49 6131 12 ext. 3726 | ||
| Mr. DernbachProcessing of general residence law Letters: B, N, Me-Mh, Mv-Mz | +49 6131 12 ext. 3475 | ||
| Levent HeiseGeneral right of residence Letters: An-Ar, K, W, M-Md | +49 6131 12 ext. 3275 | ||
| Mrs. ItalliantsevaProcessing of general residence law Letters: C, J, L, X | +49 6131 12 ext. 3479 | ||
| Mrs. SiebenProcessing of general residence law Letters: I, T, Y, Z, Mi-Mt | +49 6131 12 ext. 3534 | ||
| SimonProcessing of general residence law Letters: Aa-Am, As-Az | +49 6131 12 ext. 3478 | ||
| ZayaProcessing of general residence law Letters:: G, R, U | +49 6131 12 ext. 3376 |
Accessibility
Information on accessibility
- Barrier-free access is available
- The WC is barrier-free