Registration certificate
The registration certificate ( English certificate registration , Spanish certificado de registro , Italian attestato d'iscrizione , French attestation d'enregistrement , Dutch verklaring van Inschrijving ) is in some Member States of the European Economic Area (ie all Member States of the European Union as well as Iceland , Liechtenstein and Norway ) a residence document with which a foreigner who is a national of another EEA state proves his / her right of residence .
Family members of EEA citizens who are EEA citizens themselves also receive a registration certificate. Family members with a third country nationality do not receive a registration certificate, but a residence card .
Legal basis
The uniform European legal basis for registration certificates is Article 8 of Directive 2004/38 / EC (Union Citizens' Directive) . The directive applies throughout the European Union, including Great Britain and Ireland and in the rest of the EEA , including Iceland, Norway and Liechtenstein. It is not valid in Switzerland . The Directive is not directly applicable in the Member States; In terms of content, however, it is to be transferred by the member states into the respective national legislation.
Legal nature of the registration certificate
The registration certificate is not a residence permit . Since EU citizens are already entitled to stay in the territory of the other member states due to the fundamental freedoms under European law - the same applies to the other EEA citizens based on the Agreement on the European Economic Area of May 2, 1992 - they only have a declaratory character and thus serve as an identification document.
No obligation on the Member States to introduce a notification requirement
Art. 8 Union Citizens' Directive empowers the authorities of a member state to require EEA citizens to register and obliges them to issue a registration certificate with the registration. However, no state is obliged to introduce a registration procedure. Notification obligations and certificates were introduced in Belgium , Luxembourg , Austria and Spain, among others . The Netherlands abolished the registration certificate on January 6, 2014.
Even Germany waived registration certificates. It issued a special certificate of freedom of movement until January 28, 2013 , which is not provided for under European law, and has not issued any residence documents to EEA citizens since then. For details, backgrounds and consequences → Certificate of freedom of movement (Germany) . In Germany, as in other Member States that do not use the registration procedure, EEA citizens only need a document showing their nationality (passport, identity card).
Requirements for registration and obtaining a registration certificate
Member States that have opted for a registration procedure can only require EEA citizens to register after they have resided on their territory for more than three months. Austria has introduced the obligation to register for EEA citizens during the fourth month of stay. A registration certificate must be issued immediately. The name and address of the person making the registration as well as the time of registration are given. Failure to comply with the notification requirement can be punished with proportionate and non-discriminatory sanctions (Art. 8 (2) Union Citizens' Directive). Penalties in the amount of a violation of the national reporting obligation (if introduced) or of the national obligation to have an identification document (identity card) come into consideration.
In order to issue the registration certificate, Member States may only require the following:
- From an EEA citizen who is an employee or self-employed, only the presentation of a valid identity card or passport, a confirmation of employment from the employer or a certificate of employment or proof of self-employment,
- A non-employed EEA citizen must only present a valid identity card or passport as well as proof that he has sufficient means of subsistence so that he does not have to claim any social welfare benefits during his stay, and proof of comprehensive health insurance cover for himself and his family members,
- For an EEA citizen in training or vocational training, only the presentation of a valid identity card or passport, a certificate of enrollment with a recognized institution and of comprehensive health insurance cover as well as proof of sufficient means of subsistence, which excludes receipt of social assistance (Art. 8 para. 3 Union Citizens' Directive).
Member States cannot set a fixed amount for the means of subsistence they consider sufficient, but must take into account the personal situation of the person concerned. This amount may in no case be above the threshold below which the host Member State grants its nationals social assistance or, if this criterion is not applicable, above the minimum social security pension of the host Member State (Art. 8 (4) Union Citizens' Directive).
For the issue of the registration certificate to the family members of the EEA citizen who are themselves EEA citizens, the member states may require the submission of the following documents:
- a valid identity card or passport,
- a certificate of the existence of a family relationship or a registered partnership,
- if applicable, the registration certificate of the EEA citizen whom you are accompanying or joining,
- in the case of relatives in ascending or descending line, documentary evidence of the family relationship with the EEA citizen,
- in the case of other family members, a document issued by the competent authority in the country of origin or country of origin, from which it can be seen that the person concerned receives maintenance from the EEA citizen or has lived with him in the same household, or evidence of serious health reasons that require personal care of the Make family members mandatory by the EEA citizen,
- in the case of a civil partner, proof of the existence of a permanent relationship with the EEA citizen (Art. 8 (5) Union Citizens' Directive).
Web links
- Directive 2004/38 / EC (Union Citizens' Directive) in the consolidated version of June 16, 2011 , accessed on January 13, 2013.
Individual evidence
- ↑ Agreement on the European Economic Area of May 2, 1992 , accessed on February 13, 2013 . In: OJ. 1994, L 1, pp. 3-522.
- ↑ A registration certificate (French: attestation d'enregistrement ) in Luxembourg on the homepage of the Steinfort community ( Memento of the original from March 14, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed January 30, 2013.
- ^ A registration certificate (Spanish: Certificado de registro de ciudadano de la unión ) in Spain in the EU Prado database , accessed on January 23, 2016.
- ↑ Information from the Dutch Immigration Office ( Immigratie- en Naturalisatiedienst, IND) ( Memento of the original from May 2, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 28 kB) of January 7, 2014 (Dutch) together with additional information in English ( memento of the original of September 21, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 165 kB), both accessed on May 23, 2016.
- ↑ Section 53 (1) sentence 1 of the Austrian Settlement and Residence Act .
