Permanent Residence Card for EU- Citizens
All information about the permanent residence card and the right of permanent residence for EU citizens and family members.
Here you learn ...
what the right of permanent residence is for EU citizens
How to get a permanent residence card in Germany
when family members can obtain the permanent residence card
how to apply for a permanent residence card in Berlin
Author
Lawyer
Release Date
13.03.2025
Reading Time
8 Min.
Table of Content
1. Permanent residence card for Union citizens
2. Requirements for permanent residence of EU citizens
3. Permanent residence card for family members of EU citizens
3.1 Permanent residence card after five years for family members
3.2 Permanent residence rights for families after divorce or death
4. Loss of permanent residence rights
4.1 Loss of permanent residence rights due to stays abroad
4.2 Loss of permanent residence card due to public security
5. Apply for a permanent residence card in Berlin
6. Conclusion Permanent Residence Rights for EU Citizens and Families
1. Permanent residence card for Union citizens
In principle, EU citizens must meet certain requirements to stay in Germany (so-called The most important requirement is that, in most cases, a job in Germany is required to qualify for freedom of movement as an EU citizen. Therefore, EU citizens who do not have a job in Germany may have to leave Germany again.
However, EU citizens who have been legally and continuously residing in Germany for at least five years acquire a permanent residence permit ( Section 4a, Paragraph 5 of the EU Freedom of Movement Act ). This permit guarantees them unlimited residence, regardless of whether they continue to work. To officially document this right, they can apply for a certificate of permanent residence (known as a permanent residence card ). This article describes the requirements and application process for the permanent residence card for EU citizens and their family members.
2. Requirements for permanent residence of EU citizens
The most important requirement for EU citizens and their family members to apply for a permanent residence card is that they have legally resided in Germany for five years . This five-year period of residence must be continuous and in accordance with the European Union's freedom of movement requirements. There are special considerations to be taken into account when calculating the required period of residence (e.g., in cases of imprisonment or for countries that joined the EU later).
Once acquired, permanent residence permits can only be lost under certain conditions , such as a prolonged stay outside of Germany. Those who hold permanent residence permits also enjoy increased protection against deportation and retain their rights even if their personal or professional situation changes. Permanent residence permits can therefore have significant value under immigration law for foreign nationals, even if they come from the European Union.
3. Permanent residence card for family members of EU citizens
3.1 Permanent residence card after five years for family members
Family members of EU citizens can also obtain permanent residence in Germany under certain conditions. The five-year rule also applies to third-country national family members – i.e. spouses, children or other relatives of EU citizens who do not themselves have EU citizenship. ( Section 4a (5) of the Free Movement Act/EU ). The family members only have to prove that they lived with the EU citizen during this time. After these five years have expired, they can apply for a permanent residence card, which is valid indefinitely. The immigration authorities have up to six months to issue this card ( Section 5 (5) sentence 2 of the Free Movement Act/EU ).
3.2 Permanent residence rights for families after divorce or death
However, in certain situations, family members of EU citizens can apply for permanent residence before reaching the five-year limit. Such special cases include the onset of incapacity for work or the death of the EU citizen . Surviving family members or close relatives who were already living with the EU citizen at the time of death can acquire permanent residence. The prerequisite is that the deceased EU citizen had previously lived in Germany for at least two years without interruption. Thus, even after the EU citizen moves away or gets divorced, certain family members still have the opportunity to acquire permanent residence.
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4. Loss of permanent residence rights
4.1 Loss of permanent residence rights due to stays abroad
Once issued, a permanent residence card can expire again under certain circumstances. According to Section 4a Paragraph 7 of the FreizügG/EU, an absence of more than two consecutive years for a reason that is not merely temporary leads to the loss of the right of permanent residence. However, the right of permanent residence does not expire automatically after this period, as is the case with other residence permits. The right is only permanently lost when the authorities officially confirm the loss. For this, an official notice of loss is required ( Section 6 FreizügG/EU ). To avoid the loss of the right of permanent residence, it is advisable to plan longer stays abroad and to inform yourself about the possible consequences in good time.
4.2 Loss of permanent residence card due to public security
Apart from the loss of permanent residence due to extended stays abroad (see above), the loss of permanent residence is only possible in exceptional cases – namely, for reasons of public order, security, or health. This means that expulsion may only occur if there is a real and sufficiently serious threat that affects a fundamental interest of society. A criminal conviction alone is not sufficient . Additional circumstances must exist that indicate a present threat to public order.
Another reason for loss of residence may be the protection of public health ( Section 6 (1) of the EU Freedom of Movement Act ). However, only diseases with epidemic potential—i.e., those classified as dangerous by the World Health Organization (WHO)—can justify termination of residence for holders of European permanent residence. However, before a decision on the loss of residence is made, the person concerned must be heard . Furthermore, the determination must be in writing to protect the rights of those affected.
5. Apply for a permanent residence card in Berlin
In Berlin, applications are submitted to the State Office for Immigration (LEA) on Friedrich-Krause-Ufer. To apply for a permanent residence card in Berlin, EU citizens or nationals of Iceland, Liechtenstein, or Norway must provide evidence that they have continuously enjoyed the right of free movement in Germany for the past five years. This means that they were registered as employees, self-employed, or financially secure non-working persons during this time. In exceptional cases, the proof period may be less than five years (see above). Furthermore, their primary residence must be in Berlin.
To apply for a permanent residence card in Berlin, several documents are required , including:
A completed application form
A valid passport or identity card
A recent biometric passport photo
A registration certificate as proof of long-term residence
Proof of employment or financial security over the last five years (e.g. employment contracts, tax assessments or proof of health insurance and means of subsistence)
Depending on your individual situation, additional documents may be required, which will then be requested by the State Immigration Office. Once the documents have been submitted to the State Immigration Office, they will process your application and notify you when it is complete.
Summary of this Page
The right of permanent residence represents an important step towards long-term integration in Germany for EU citizens and their family members. Anyone who has resided legally and continuously in Germany for more than five years acquires a permanent right of residence – regardless of their current employment. This offers not only legal security but also protection against deportation and greater stability in personal and professional life. Family members of EU citizens also benefit from this protection, even if they do not hold EU citizenship. Under certain circumstances – such as in the event of divorce or death – it is even possible to obtain the right of permanent residence before the end of the regular five-year period. Despite this strong legal position, the right of permanent residence can also be lost under certain circumstances, for example, during extended stays abroad or for reasons of public security. It is therefore important to be fully aware of the requirements and potential risks.
