Certificate of permanent residence issued to EU citizens entitled to freedom of movement

The certificate must be applied for at the foreigners authority responsible for your place of residence.

The procedure is as follows:

• Depending on the foreigners authority, it may be possible to apply online. Find out whether your foreigners authority offers electronic applications.

In the case of an electronic application, the Foreigners' Registration Office will contact you after receiving your application to request additional documents if necessary and to arrange an appointment with you at the Foreigners' Registration 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 made in person, make an appointment with the Foreigners' Registration Office. During the appointment, your details will be taken and your supporting documents checked (bring the originals with you to the appointment if you are asked to do so).
• Once the examination has been completed, you will immediately be issued with a certificate of permanent residence or a notice of refusal.
• The collection must always be done in person. You must provide a signature at the immigration office.

The foreigners authority responsible for the applicant's place of residence

• You are a citizen of the EU or the EEA
• You can provide evidence of the required period of residence in Germany (usually five years, in special cases two or three years are sufficient).
• You are legally resident in Germany, i.e. you have fulfilled the requirements of the right to freedom of movement during your entire stay.
• If required, you can provide the evidence and documents listed under "Required documents"

• Consent of the legal representative to the planned stay if the child has not yet reached the age of 18

The immigration authority may request the submission of the following documents:

• Recognised or otherwise authorised, valid passport or passport substitute
• Proof that the right to freedom of movement has been exercised for the periods of residence completed (e.g. confirmation of registration, employment contract, trade licence or proof of self-employment, sufficient resources and adequate health insurance cover, certificate of enrolment)

In individual cases, the foreigners authority may request further documents.

• § Section 2(2)(6) of the Freedom of Movement Act/EU (FreizügG/EU)
• § Section 4a FreizügG/EU
• § Section 12 of the Freedom of Movement Act/EU (FreizügG/EU)
• § Section 47 Residence Ordinance (AufenthV)
• Annex D15 Residence Ordinance
• § Section 5 (1) of the Freedom of Movement Act/EU (FreizügG/EU)

A general action for the granting of a certificate of permanent residence can be brought against a negative decision by the immigration authority

• Online procedure occasionally possible
• Written form required: yes
• Personal appearance required: yes

Note for Swiss nationals:

Because Switzerland is not a member of the EU or the EEA, a different regulation applies to Swiss nationals. The right of residence for Swiss nationals is governed by the Agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other, on the free movement of persons.

Note for British nationals (Brexit):

The withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union was completed on 1 February 2020. For British nationals entitled to freedom of movement and their family members, the right to freedom of movement initially continued to apply until 31 December 2020.

The responsible immigration authority will provide information on which regulations will apply in individual cases from 1 January 2021

• Certificate of permanent residence issued to EU citizens entitled to freedom of movement
• After five years of permanent, legal residence in Germany, citizens of the European Union (EU) or a country of the European Economic Area (EEA: Norway, Iceland and Liechtenstein) can acquire a permanent right of residence and apply for a certificate of permanent residence.
• The certificate of permanent residence is issued by the immigration authority after the required periods of residence have been checked
• No continuous residence in Germany required;
• The following absences from the federal territory are irrelevant:
  • a total of six months a year,
  • Completion of military service or alternative service and
  • once for up to twelve consecutive months for good cause
• In individual cases, the immigration authority can check the legality of the periods of residence completed, i.e. whether the requirements of the right to freedom of movement were met for the entire period.
• The certificate only serves to confirm that the right of permanent residence has been acquired (not an administrative act)
• Under certain conditions, a permanent right of residence can be acquired before the five-year period has expired; the responsible immigration authority will clarify whether an exception applies.
• Absence of more than two consecutive years may result in the loss of the right of permanent residence.
• Certificate is issued for an unlimited period
• Certificate is not an identity document; it cannot be used to prove identity (does not bear a photograph, does not need to be updated)
• For persons who have not yet reached the age of 18, the consent of a person with parental authority is required.
• Depending on the foreigners authority, applications can be made online or in person
• Issuance of the certificate is subject to a fee; the time and form of payment vary

Responsible: the foreigners authority responsible for the applicant's place of residence

• Certificate of permanent residence issued to EU citizens in Hesse who are entitled to freedom of movement

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