Bescheinigung über das Daueraufenthaltsrecht für freizügigkeitsberechtigte EU-/EWR-Bürger beantragen

§ Section 5 (5) sentence 2 FreizügG/EU

EU and EEA citizens who have resided legally in Germany for a period of five years can apply to the immigration authority for a certificate of permanent residence

Citizens of the European Union (EU) or a state of the European Economic Area (EEA: Norway, Iceland and Liechtenstein) do not generally require a residence permit to enter and stay in Germany.

If you are an EU or EEA citizen and have resided legally in Germany for a period of five years, you can obtain a permanent residence permit. You can apply to the Foreigners' Registration Office for a certificate of permanent residence.

The certificate of permanent residence will be issued by the immigration authority after it has checked whether you have completed the required period of residence in Germany. It is not necessary for you to have resided in Germany for an uninterrupted period of five years. Temporary absences from the federal territory are irrelevant for the acquisition of the right of permanent residence. For example, permanent residence can also be assumed if you leave the federal territory for a total of six months per year, to perform military service or alternative service or for good cause once for up to twelve consecutive months (e.g. due to a serious illness, studies, vocational training).

If necessary, the foreigners authority can also check the legality of your five-year residence, i.e. whether you have fulfilled the requirements of the right to freedom of movement during the entire period.

The certificate is issued for an unlimited period and merely confirms that you have acquired the right of permanent residence. You are not obliged to obtain the certificate or to carry it with you.

Under certain circumstances, you may be granted permanent residence even before the five-year period has expired (e.g. if you have been continuously employed in Germany for three years and then work in another member state of the European Union, but maintain your residence in Germany and return there at least once a week). To clarify whether you fulfill this or another exception, please contact the immigration authority responsible for your place of residence.

Acquiring the right of permanent residence gives you an improved legal status regardless of your nationality. The right of permanent residence is independent of the continued existence of the conditions for freedom of movement. In addition, your protection against deportation is increased. An absence of more than two consecutive years can result in the loss of the right of permanent residence.

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

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

The Immigration Office may request the submission of the following documents:

• Recognized or otherwise approved, 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 license or proof of self-employment, sufficient resources and adequate health insurance cover, certificate of enrolment)

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

• You are a citizen of the EU or the EEA
• You have been permanently resident in Germany for five years.
• You have been legally resident in Germany for five years, i.e. you have fulfilled the requirements of the right to freedom of movement for the entire period.

If required, you can provide the evidence and documents listed under Required documents

After five years of permanent legal residence in Germany, you can apply for a certificate of permanent residence.

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 via the Internet. Find out whether your foreigners authority offers electronic applications.

In the case of an electronic application, the foreigners authority will contact you after receiving your application to request additional documents if necessary and to arrange an appointment with you at the foreigners authority. 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. You must always collect your documents in person. You must provide a signature at the Foreigners' Registration Office.
• The certificate of permanent residence is issued for an unlimited period of time.

Fees are charged for the issue of the certificate of permanent residence. The time and form of payment vary depending on the authority.

• Information from the Federal Ministry of the Interior, Building and Community on freedom of movement:

https://www.bmi.bund.de/DE/themen/migration/aufenthaltsrecht/freizuegigkeit-eu-buerger/freizuegigkeit-eu-buerger-node.html

and

https:// www.bmi.bund.de/SharedDocs/faqs/DE/themen/migration/freizuegigkeit/freizuegigkeit-liste.html

• Information from the Federal Office for Migration and Refugees on the subject of immigration from the EU:

https://www.bamf.de/DE/Themen/MigrationAufenthalt/ZuwandererEuropa/zuwanderereuropa-node.html

• Information from the Federal Ministry of the Interior, Building and Community on Brexit: https: //www.bmi.bund.de/DE/themen/verfassung/europa/brexit/brexitartikel.html
• Free advice on entry, residence and employment is also available from the Working and Living in Germany hotline of the Federal Government's portal for skilled workers from abroad.

Telephone: 030 1815-1111

Service hours: Monday to Friday from 8:00 to 16:00

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 permanent residence for Swiss nationals is governed by the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons.

Note for British nationals (Brexit):

On February 1, 2020, the United Kingdom of Great Britain and Northern Ireland withdrew from the European Union. For British nationals entitled to freedom of movement and their family members, the right to freedom of movement will initially continue to apply until December 31, 2020.

The responsible immigration authority will provide information on which regulations will apply in individual cases from January 1, 2021 (protection of the status quo or application of the general right of residence, in particular the Residence Act).

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

• Certificate on the right of permanent residence Issued to EU citizens entitled to freedom of movement
• After five years of permanent, lawful residence in Germany, citizens of the European Union (EU) or a state of the European Economic Area (EEA: Norway, Iceland and Liechtenstein) can obtain 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
• Uninterrupted residence in Germany is not required;
• The following temporary absences from the federal territory are irrelevant: Leaving the federal territory
  • for a total of six months per year,
  • to perform 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 five-year residence, i.e. whether the requirements of the right to freedom of movement have been 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 circumstances, a permanent right of residence can be acquired before five years have elapsed; the competent immigration authority will clarify whether an exception applies.
• Absences of more than two consecutive years may result in the loss of the right of permanent residence.
• The certificate is issued for an unlimited period.
• 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
• Issuing 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

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

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