Apply for a certificate of permanent residence for EU/EEA citizens entitled to freedom of movement
EU and EEA citizens who have acquired the right of permanent residence may apply to the Immigration Office for a certificate confirming that they hold this right.
What do I need to know?
Service description
Citizens of the European Union (EU) and the European Economic Area (EEA: Norway, Iceland, and Liechtenstein) generally do not need a residence permit to enter and stay in Germany.
If you are an EU or EEA citizen and have resided legally and continuously in Germany for a period of five years, you can acquire the right of permanent residence. This right arises automatically by law. You can apply to the Foreigners’ Registration Office for a certificate confirming your right of permanent residence.
Under certain conditions, you may acquire a right of permanent residence even before the five-year period has expired, for example, if you:
- have resided continuously in Germany for at least three years, have been gainfully employed in Germany or in another member state of the European Union during the last twelve months, and have since retired from professional life due to your age (reaching the age of 65) or under an early retirement scheme;
- have given up your occupation in Germany or in another member state of the European Union as a result of a total loss of earning capacity caused by a work-related accident or an occupational disease, which entitles you to a pension in Germany;
- have given up your occupation in Germany or in another member state of the European Union as a result of a total loss of earning capacity, after having resided continuously in Germany for at least two years, or
- have been continuously employed in Germany for three years, are now engaged in gainful employment in another member state of the European Union, but still maintain a residence in Germany to which you return at least once a week.
The certificate of the right of permanent residence is issued by the Foreigners’ Registration Office after it has verified that you have met the required periods of residence in Germany. It is not necessary for you to have resided in Germany continuously during the required period. Certain absences from German territory do not affect the acquisition of the right of permanent residence. For example, even if you leave German territory for a total of six months in a year, to perform military service or alternative service, or for a single period of up to twelve consecutive months for an important reason (e.g., due to a serious illness, studies, or vocational training), you are still considered to have maintained continuous residence. Periods spent serving a prison sentence that was not suspended on probation are not taken into account for the purpose of acquiring the right to permanent residence.
If you have interrupted your stay in Germany for an extended period, it is not possible to combine preceding and subsequent periods to meet the minimum length of stay required to acquire the right of permanent residence.
If necessary, the Foreigners’ Registration Office may also verify the legality of your stay, i.e., whether you have met the requirements for the right to freedom of movement throughout the entire period.
Upon acquiring the right of permanent residence, you receive an improved (“consolidated”) legal status, regardless of your nationality. Thus, the right of permanent residence is independent of whether the requirements for freedom of movement continue to be met. In addition, your protection against deportation is enhanced. However, if you leave German territory for more than two consecutive years, this may result in the loss of your right of permanent residence.
The certificate is issued for an indefinite period and confirms that you have acquired the right of permanent residence. The document is not an identification document; that is, you cannot use the certificate to prove your identity. Therefore, it does not include a photograph, nor is there an obligation to update the information in the document in the event of changes (e.g., you do not need to have the certificate updated if you obtain a new passport or ID card or if your address changes).
If you are under 18 years of age, your legal representative (e.g., the person authorized to exercise parental authority) must consent to the planned stay.
Prerequisites
- You are a citizen of the EU or the EEA
- You can demonstrate that you have resided in Germany for the required period (usually five years; in special cases, two or three years may suffice).
- You are residing in Germany legally, i.e., you have met the requirements of the right to free movement throughout your entire stay.
- If necessary, you can provide the evidence and documents listed under “Required Documents.”
Procedure
- Depending on the immigration office, it may be possible to submit an application online. Check to see if your immigration office offers electronic application submission. If you submit your application electronically, the immigration office will contact you after receiving your application to request any additional documents, if necessary, and to schedule an appointment with you at the immigration office. During the appointment, your documents will be reviewed (please bring the originals to the appointment if requested).
- If the application can only be submitted in person, schedule an appointment with the Foreigners’ Registration Office. During the appointment, your information will be recorded and your supporting documents will be reviewed (please bring the originals to the appointment if requested).
- Once the review is complete, you will immediately be issued a certificate confirming your right to permanent residence or a notice of denial.
- You must always pick up the documents in person. You will be required to sign a document at the Foreigners’ Registration Office.
Remark
- Information from the Federal Ministry of the Interior, Building, and Homeland on freedom of movement:
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 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 Homeland on Brexit: https://www.bmi.bund.de/DE/themen/verfassung/europa/brexit/brexitartikel.html
What else should I know?
Note for Swiss nationals :
Because Switzerland is not a member of the EU or the EEA, different rules apply 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) :
On February 1, 2020, the United Kingdom of Great Britain and Northern Ireland officially withdrew from the European Union. For British nationals eligible for the right to free movement and their family members, this right initially remained in effect until December 31, 2020.
The relevant immigration authority provides information on which regulations apply in individual cases as of January 1, 2021.
Legal basis
- § 2 FreizügG/EU (opens in a new tab)
- § Section 4a FreizügG/EU (opens in a new tab)
- § Section 12 FreizügG/EU (EEA states) (opens in a new tab)
- § Section 47 (3) sentence 5 AufenthV (fee) (opens in a new tab)
- Annex D15 Residence Ordinance (opens in a new tab)
- § Section 5 (5) sentence 1 FreizügG/EU (opens in a new tab)
Legal remedy
An action for performance may be brought against a negative decision by the immigration authorities to issue a certificate of permanent residence.
Deadlines
- An application for a certificate of permanent residence may be filed after five years of continuous lawful residence. In special cases, the right to permanent residence may be certified after as little as two or three years.
- The certificate of permanent residence is issued immediately and is valid indefinitely.
Processing time
Your application for a certificate of permanent residence will be processed as soon as possible.
Responsible body
The immigration office responsible for the applicant's place of residence.
What do I need to bring or submit?
The Immigration Office may require you to submit the following documents:
- A recognized or otherwise valid passport or passport substitute
- Proof that the right to free movement was exercised during the periods of residence (e.g., registration confirmation, employment contract, business license, or proof of self-employment, sufficient means of support, and adequate health insurance coverage, certificate of enrollment)
- Consent from the legal guardian for the planned stay if the individual has not yet reached the age of 18.
In individual cases, the Foreigners’ Registration Office may request additional documents.
How much does it cost and how can I pay?
Fees
Issuing of certificate: EUR 10.00
Under certain circumstances, a reduction or exemption from fees may be considered.
Forms, information sheets, links
- Online procedures are possible in some cases
- Written submission required: yes
- In-person appearance required: yes
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Contact us
Address
Team Allgemeines Ausländerrecht und EU-Angelegenheiten
Stadthaus Kaiserstraße Lauteren-Flügel
Kaiserstraße 3
55116 Mainz
Postal address
55026 Mainz
Your way to us
Accessibility
Information on accessibility
- Barrier-free access is available
- The WC is barrier-free
Information on public transportation
Bus stop: Central station
Lines: 6, 9, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 62, 63,
67, 69, 76, 68, 69, 76, 79, 80, 81, 90, 91, 92, 93, 630,
652, 653, 654, 660
Parking garage Bonifaziustürme and parking garage Cityport
Further information
The entrance for mail and goods deliveries is located in Bonifaziusstraße.
Night mailboxes are located at
- Stadthaus Große Bleiche, Löwenhofstr. 1, to the left of the sliding door and at the
- Stadthaus Kaiserstraße, Lauterenflügel, Kaiserstr. 3- 5, to the right of the entrance door