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

Third-country nationals Family members of an EU or EEA citizen need a residence card for their continued stay in Germany no later than three months after their arrival

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

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

Family members are the following persons:

• spouses, partners and relatives in the immediate descending line (e.g. children) and their spouses/partners if they are not yet 21 years of age, and
• Relatives of Union citizens entitled to freedom of movement in the direct ascending and descending line (older children, grandchildren and parents and grandparents) or of their spouses or partners dependent on Union citizens or their spouses or partners.

If the EU or EEA citizen studies in Germany, the circle of family members entitled to reunification 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 is visa-free.

During the first three months of your stay in Germany, your stay is only subject to the condition that there is 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 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 Foreigners' Registration Office ex officio and within six months.

In this case, the immigration authority checks whether the conditions for freedom of movement are met. Among other things, it may require proof of the family relationship with the reference person (e.g. documentary proof). In addition, you may be required to prove that the reference person has actually exercised his or her right to freedom of movement (e.g. by presenting a registration certificate). If the reference person you are accompanying or joining is not gainfully employed, you should also have sufficient resources and 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 a decision has been taken on the issuance of the residence card, your stay in the Federal territory is considered lawful.

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

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

• For the issuance of a national visa before entering Germany: German mission abroad (embassy, consulate)
• For the issuance of a residence card after entry: The immigration authority responsible for the residence of the family member

• Current biometric photo
• Consent of the person with custody to the planned stay if you have not yet reached the age of 18

The Foreigners' Registration Office may require the submission of the following documents:

• Recognized or otherwise permitted, valid passport or passport substitute
• Proof of the existence of the family relationship with the reference person (e.g. marriage certificate, birth certificate)
• Proof that the reference person has exercised his or her right to freedom of movement (e.g. confirmation of registration, employment contract or assurance of employment, trade license or proof of self-employment)

In the event of your recent arrival, the Foreigners' Registration Office may also require:

• Visa, if required for entry

In the case of subsequent immigration to a non-gainfully employed reference person, the Foreigners' Registration Office may also require:

• Proof of sufficient resources
• Proof of sufficient health insurance coverage

In the case of subsequent immigration to a reference person during their studies, the Foreigners' Registration Office may also require:

• Admission of the university or certificate of enrolment of the reference person
• Proof of sufficient resources and health insurance

In individual cases, the Foreigners' Registration Office may request further documents.

• Online procedure possible: Isolated
• Written form required: Yes
• Personal appearance required: Yes

• You are a family member of an EU or EEA citizen residing in Germany, but do not have any of these nationalities yourself.
• You have a recognised or otherwise approved valid passport or passport substitute and - if this was required for entry - a visa.
• If required, you can provide the evidence and documents mentioned under "Required documents"

Before entering Germany, you usually have to apply for a visa for Germany in your home country. After your arrival, you can initially stay in Germany for three months without any further requirements. For longer stays, you must apply for a residence card.

You can provide the necessary information to obtain the residence card when you register at the registration office. From there, your details will be forwarded to the Foreigners' Registration Office. In this case, you do not have to contact the Foreigners' Registration Office again. They will contact you.

If you wish to receive the residence card at a later date (at the latest after three months), please contact the Foreigners' Registration Office. For this purpose, information must be submitted to the immigration authority responsible for your place of residence.

The procedure is as follows:

• Depending on the Foreigners' Registration Office, it may be possible to receive your information via the Internet. Find out whether your immigration authority offers electronic acceptance.

In the event of an electronic submission, the Foreigners' Registration Office will contact you upon receipt of your details in order to request additional documents if necessary and to make an appointment with you at the Foreigners' Registration Office. During the appointment, your documents will be checked (bring the original with you to the appointment if you are asked to do so).

• If it is only possible to submit your details in person, make an appointment with the Foreigners' Registration Office. During the appointment, your details will be received and your proof will be checked (bring the original to the appointment if you are asked to do so).
• Regardless of the result of the Foreigners' Registration Office, you will immediately receive a certificate stating that you have provided the necessary information for the issuance of the residence card in order to be able to prove legal residence.
• After completion of the examination, you will be issued either a residence card or a rejection notice within six months.
• The residence card is usually issued for five years, unless the residence of your reference person, from whom your right of residence is derived, results in a shorter period.
• The residence card is issued in credit card format with additional electronic functions (eAT card). Your fingerprints will be taken at the Foreigners' Registration Office for the production. You must also provide a signature.
• After about six to eight weeks, you can pick up the eATKarte at the Foreigners' Registration Office. The collection must always be done personally.

Fees apply for issuing the residence card and the eAT card. The timing and form of payment vary depending on the authority

• In order to obtain the residence card, the required information can be deposited with the registration authority as part of the registration office or transmitted to the immigration authority no later than 3 months after entry.
• The residence card is issued within six months and is usually valid for five years.
• Objection period against the rejection decision of the immigration authority: one month

You can inquire about the processing time of the visa procedure at the German missions abroad at the diplomatic mission responsible for you.

The processing time for issuing a residence card is about six to eight weeks, but a maximum of six months.

There are no fees for issuing the visa.

Under certain conditions, a fee reduction or exemption may be considered.

Note: The fee for issuing the electronic residence title (eAT card) is EUR 67

Issuance of a residence card: Fee 37,00 EUR

Issuance of residence card for persons under 24 years of age: Fee 22,80 EUR

Special features:

Once the residence card has been issued, the existence or continued existence of the conditions laid down by EU law may be reviewed on special grounds. If the requirements for the right of residence cease to apply within five years of the establishment of residence in the Federal territory or are no longer met, the residence card may be withdrawn.

If you have been legally resident in Germany for five years with your sponsor, you can apply for a permanent residence card.

Note for Swiss nationals and their family members:

Because Switzerland is not a member of the EU or the EEA, a different regulation applies to Swiss citizens. Swiss citizens and their family members are obliged to declare their stay in Germany for more than three months to the immigration authority of their place of residence and then receive a "Swiss Residence Permit".

Note for British citizens and their family members (Brexit):

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

The competent immigration authority provides information on which regulations will apply in individual cases from 1 January 2021 (grandfathering or application of the general right of residence, in particular the Residence Act).