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
Reading Time
8 Min.
Release Date
13.03.2025
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. FAQ Permanent Residence Rights for EU Citizens and Families
1. Permanent residence card for Union citizens
In principle, EU citizens must meet certain requirements to reside in Germany (known as the right to freedom of movement). The most important requirement is that, in most cases, a job in Germany is required to qualify as an EU citizen for freedom of movement. 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 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.
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 (Section 4a (5) of the EU Free Movement Act) also applies to third-country national family members – i.e., spouses, children, or other relatives of EU citizens who do not themselves hold EU citizenship. The family members only need to prove that they lived with the EU citizen during this period. After these five years, 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 EU Free Movement Act).
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. Even after the EU citizen moves away or gets divorced, certain family members still have the opportunity to acquire permanent residence.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? We are happy to support you in residence procedures before embassies, immigration authorities and administrative courts.
Contact us to book a video call consultation with a German immigration lawyer!
VISAGUARD.Berlin Legal Services
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 permits.
Before a decision is made regarding the loss of residence rights, the person concerned must be heard . Furthermore, the decision 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.
6. FAQ Permanent Residence Rights for EU Citizens and Families
Is the right of permanent residence the same as the EU permanent residence permit?
No. While the names "permanent residence permit for EU citizens" and "permanent residence permit for EU citizens" are relatively similar, they are completely different residence permits. While the EU permanent residence permit (Section 9a of the Residence Act) is a constitutive permanent residence title for third-country nationals, the permanent residence permit pursuant to Section 4a of the Freedom of Movement Act/EU is a declaratory right of residence for Union/EU citizens.
What is the difference between the right of permanent residence for EU citizens and the permanent residence card for EU citizens?
The right of permanent residence for EU citizens (Section 4a of the Free Movement Act/EU) is the substantive legal position, while the permanent residence card (Section 5 (5) of the Free Movement Act/EU) is the actual physical confirmation of this substantive legal position.
Who can apply for a permanent residence card?
The permanent residence card can be applied for by both EU citizens and family members of EU citizens.
Does the right of permanent residence for EU citizens have to be granted in order to be effective?
No, the right of permanent residence for EU citizens arises automatically. The permanent residence card merely certifies that the right of permanent residence exists, but is not a prerequisite for acquiring the right of permanent residence (so-called declaratory effect).
