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Prerequisites

• You have a recognized and valid passport or passport replacement.
• You have a visa if this was required for entry.
• You are a citizen of a third country.
• You would like to stay in Germany for longer than 3 months.
• One of the following circumstances applies to you:
  • You are a family member of a person with EU or EEA nationality.
  • You are close to a person with EU or EEA nationality.
  • You belong to the family of a person with British citizenship who already lived in Germany before 2021 (Brexit).
• Family members include:
  • Spouse or registered life partner
  • Children and grandchildren under 21 years of age
  • Children over 21 years of age, parents and grandparents if they or their partners are financially supported by the named person
• A related person is only considered under certain conditions:
  • Collateral relatives (e.g. uncle/aunt; nephew/niece)
  • Children under the age of 18 who are in a foster child or guardianship relationship with an EU or EEA citizen.
  • the partner of the EU or EEA citizen.

Documents required

• Valid passport or passport replacement
• Visa, if required for entry
• Documentary proof of relationship (marriage certificate, birth certificate) to an EU or EEA citizen (for foreign documents with translation and apostille or legalization)
• Biometric passport photo in electronic form
  • You can have your passport photo taken on-site. A photo booth is available.
  • You can also have a passport photo taken by a certified photographer, who will then make it available electronically to the relevant authority via a cloud.
• If you are not yet 18 years old: Consent of the person with parental responsibility
• If necessary, the responsible authority may request further documents from you.

Please note

If the person from the EU or EEA to whom you are related or close is studying in Germany, you can only obtain a residence card if you are their spouse, registered life partner or if you are a child who is financially supported by that person.

After you have received your residence card, the responsible authority may, in certain cases, check whether you still meet the requirements for residency. If these requirements no longer apply within five years of your entry into Germany, your residence card may be revoked.

Deadlines

The residence card is issued to you for a limited period and is usually valid for five years.

Procedure

• You use the online service to apply for the residence card and upload the required documents.
• The responsible office will then send you an appointment for an interview.
• You will meet with the person (EU or EEA citizen) with whom you wish to live in Germany and bring all the necessary documents, preferably in their original form, to the appointment.
• The responsible authority will check your identity and your documents.
• The competent authority shall involve other authorities where necessary.
• You pay the necessary fees.
• Regardless of the result of the competent authority's review, you will immediately receive a certificate confirming that you have provided the information required for the issuance of the residence card in order to prove that you are legally resident.
• If your application is approved, your fingerprints, signature and a biometric passport photo will be taken to produce the residence card.
• The responsible authority commissions an external agency, the Federal Printing Office, to produce the residence card.
• At the same time, you will receive an appointment for the collection of your residence card from the responsible office.
• On this date you will collect your residence card from the responsible office.
• If your application is rejected, you will receive a rejection notice stating the reasons for the rejection.

Processing time

Processing will take place directly at the appointment if all documents are complete.


The residence card will usually be issued to you within 6 months.

Fees

• For persons under 24 years: 22.80 EUR


• For persons over 24 years: 37.00 EUR

Legal remedies

Contradiction

Legal basis

§ 1 Freedom of Movement Act/EU (FreizügG/EU)





§ 2 Freedom of Movement Act/EU (FreizügG/EU)





Section 3 paragraph 1 Freedom of Movement Act/EU (FreizügG/EU)





§ 3a Freedom of Movement Act/EU (FreizügG/EU)





§ 4 Freedom of Movement Act/EU (FreizügG/EU)





§ 5 Freedom of Movement Act/EU (FreizügG/EU)





Section 5a paragraph 2 of the Freedom of Movement Act/EU (FreizügG/EU)





Section 12 paragraph 1 Freedom of Movement Act/EU (FreizügG/EU)





Section 47 paragraph 3 Residence Ordinance (AufenthV)