Angaben zur Ausstellung einer Aufenthaltskarte für drittstaatsangehörige Familienangehörige von EU-/ EWR-Bürgern (außer Deutschland) einreichen
Inhalt
Begriffe im Kontext
- Anforderungen in Bezug auf Aufenthaltskarten für Unionsbürger und ihre Familienmitglieder, einschließlich Familienmitglieder, die keine Unionsbürger sind
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If you are a family member of an EU or EEA citizen and come from a third country, you will need a residence card for your further stay in Germany no later than three months after your entry.
As a third-country family member of a national of the European Union (EU) or of a state of the European Economic Area (EEA: Iceland, Liechtenstein, Norway), you have the right to move freely with your reference person in the European Union, to enter and stay in any member state of the EU or EEA state if the conditions under EU law are met. This also includes the free choice of residence.
You are a third-country national if you are not a national of an EU member state, the EEA or Switzerland.
"Family members" are the following persons:
- Spouse,
- Life partner,
- Relatives in a straight descending line (for example, children) of the EU/EEA citizen or of the spouse or civil partner who have not yet reached the age of 21 or who are dependent on them, and
- relatives in the direct ascending line (for example, parents and grandparents) of the EU/EEA citizen or the spouse or life partner who are dependent on them.
In the case of EU or EEA citizens who are studying, the group of family members entitled to join you is limited to spouses and life partners as well as children who are granted maintenance.
During the first three months of your stay in Germany, your stay is 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 recognized or otherwise approved passport or passport substitute.
For a stay of more than three months, you need a residence card, which is issued to you by the Aliens' Registration Office ex officio and within six months.
The Aliens' Registration Office checks whether the conditions for freedom of movement have been met. Among other things, it depends on whether your reference person is gainfully employed or not.
Until the decision on the issuance of the residence card, your stay in Germany is considered legal.
With the issuance of the residence card, the existence of the right to freedom of movement is determined. The residence card is usually issued for five years, unless a shorter period results from the residence of your reference person.
If you have not yet reached the age of 18, the persons entitled to your personal care must agree to your planned stay in Germany.
Family members who are not EU/EEA citizens:
- Recognized and valid identity document (e.g. passport or passport substitute)
- Visa, if this was required for entry
- Digital passport photo
- Proof of the existence of a family relationship with the reference person (e.g. marriage or birth certificate)
- Proof that the reference person is exercising their right to freedom of movement (e.g. confirmation of registration, employment contract or confirmation of employment, trade license)
- For minors: Consent of all persons with custody rights to the planned stay (declaration of consent); if the parents with custody rights cannot submit the application jointly for their child, a written power of attorney from the absent parent is required; if only one parent has custody rights, the signature of this parent is sufficient
- When joining a non-employed caregiver, the Saarland Central Immigration Office may also require
- Proof of sufficient means of subsistence
- Proof of health insurance cover (e.g. confirmation of health insurance cover or insurance policy)
- If you are joining a reference person who is studying, the immigration authority may also require:- University admission or certificate of enrolment from the reference person
- Proof of sufficient means of subsistence
- Proof of health insurance cover (e.g. confirmation of health insurance cover or insurance policy)
- Please note: This proof must also be provided for children from third countries who are joining the reference person. The documents and information must always be submitted in German. In individual cases, the Immigration Office may require fewer or additional documents.
- for residence card: marriage certificate or partnership certificate/birth certificate for each child - if necessary with apostille or legalization endorsement for foreign-language documents: certified German translation. Only international, multilingual documents do not require a translation. Confirmation of registration from the EU citizen whom the family members are accompanying or joining.
Close relatives of an EU/EEA national, a British national entitled to reside under the Withdrawal Agreement or a spouse or partner, a German national who has exercised their right to freedom of movement in accordance with Article 21 TFEU:
- Recognized and valid identity document (e.g. passport or passport substitute)
- Valid entry visa (if required and a copy of the entry stamp)
- Digital passport photo
- Proof of the existence of a family relationship with the reference person
- Proof that the reference person is exercising their right to freedom of movement (e.g. confirmation of registration, employment contract or confirmation of employment, trade license)
- Proof of sufficient means of subsistence
- Proof of health insurance cover (e.g. confirmation of health insurance cover or insurance policy)
Permanent residence certificate: 10.00 euros Residence card or permanent residence card (persons up to the age of 24): 22.80 euros Residence card or permanent residence card (persons after the age of 24): 37,00 Euro
However, it should take a maximum of six months to issue the residence card for family members to close relatives.
The production of the electronic residence permit by the Bundesdruckerei also takes a certain amount of time.
Application deadline: In order to receive the residence card, the required information should be submitted to the Saarland Central Immigration Office no later than three months after entering the country.
Note: The residence card is usually issued for five years, unless a shorter period of time results from the stay of your reference person from whom you derive your right of residence.
- The procedure is usually carried out in German.
- After the residence card has been issued, its continued validity can be reviewed for special reasons. If the requirements for the right of residence no longer apply within five years of establishing residence in Germany or no longer apply, the residence card may be revoked.
- All information provided to the Immigration Office 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 procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authorities can result in the revocation of previously granted residence rights, a fine, a prison sentence of up to three years or expulsion from the federal territory.
- If you have resided legally in the federal territory with your reference person for five years, you can apply for a permanent residence card.
- The residence card is not issued to citizens of Switzerland or the United Kingdom of Great Britain and Northern Ireland. Other provisions apply to these persons (see "Further information").
- Due to the complexity of residence and freedom of movement law, this description is for information purposes only and is not legally binding.
If you are a family member of an EU or EEA citizen and come from a third country, you will need a residence card for your further stay in Germany no later than three months after your entry.
The Saarland Central Immigration Office is responsible for processing the request.
Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance necessary: Yes