Submit information on the issue of a residence card for family members of EU/EEA citizens (except Germany) and the EEA

As a third-country national family member of a national of the European Union (EU) or of a state of the European Economic Area (EEA: Norway, Iceland and Liechtenstein), you have the right to move freely with your reference person in the European Union, to enter and to reside in any member state, provided that the conditions under EU law are met. This also includes the free choice of residence in the member states of the European Union.

A third-country national is someone who does not have the nationality of an EU member state, the EEA or Switzerland.

Family members are the following persons:

• Spouses, civil partners as well as relatives in a straight descending line (e.g. children) as well as their spouses/ civil partners, provided they are not yet 21 years old, and
• Relatives of Union citizens entitled to free movement in the direct ascending line and in the direct descending line (older children, grandchildren as well as parents and grandparents) or of their spouses or life partners to whom the Union citizens or their spouses or life partners provide maintenance.

If the EU or EEA citizen is studying in Germany, the circle of family members entitled to join the family is limited to spouses and life partners as well as children who are granted maintenance.

If you are a third-country national family member, you need a visa to enter Germany, unless entry can be visa-free.

During the first three months of your stay in Germany, your stay is only subject to the condition that you have a family relationship with the reference person entitled to freedom of movement, that you accompany this 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 need a residence card, which is issued to you ex officio and within six months by the Aliens' Registration Office.

In this case, the foreigners authority checks whether the requirements for freedom of movement have been met. Among other things, it may demand proof of the family relationship to the reference person (e.g. by documentary evidence). In addition, you may be required to provide proof that the reference person has actually made use of his/her right to freedom of movement (e.g. by submitting a registration certificate). If the reference person you are accompanying or joining is not gainfully employed, you should also be able to provide proof of sufficient means of subsistence and adequate health insurance cover (this also applies to children who may accompany you). Proof of language skills is generally not required to obtain a residence card.

Until the decision on the issuance of the residence card, your stay in the federal territory is considered legal.

When the residence card is issued, the existence of the right to freedom of movement is established. The residence card is generally issued for five years, unless a shorter period results from the residence of your reference person from whom you derive your right of residence.

If you have not yet reached the age of 18, a person entitled to your personal care must consent to your planned stay in Germany.

The residence card is issued to family members who

are not nationals of a Member State of the European Union - EU or of the European Economic Area - EEA (Iceland, Liechtenstein, Norway)

and

with a citizen of the EU or the EEA who is entitled to freedom of movement

lead a family life together.

The residence card is usually issued for 5 years. It certifies the right of entry and residence. Any gainful activity (employment or self-employment) is permitted with it.
 
 
 

The permanent residence card is issued to family members of citizens from the EU (except Germany) and the EEA (Iceland, Liechtenstein, Norway) who are entitled to freedom of movement after a stay of (usually) 5 years.

Please note: Family members of Germans do not receive a permanent residence card according to the Freedom of Movement Act, but may receive a settlement permit according to the Residence Act if they themselves are not EU or EEA citizens.