Residence card (Germany)

from Wikipedia, the free encyclopedia
Sample of a residence card (front and back) in the credit card format issued from September 1, 2011
Sample of the front of a residence card in the paper form customary until August 31, 2011
Sample of the back of a residence card in the paper form customary until August 31, 2011

With the residence card , the free movement of authorized family members of a citizen of the European Economic Area (EEA) , which itself is not a national of an EEA State; in other words so-called third-country nationals is, his right to stay in Germany after. Because of the legal and political background → purpose of the residence card .

Legal basis

The legal basis for the residence card is Section 5 (1) of the Freedom of Movement Act / EU , for citizens of the EEA countries who are not also EU members (i.e. Iceland , Liechtenstein and Norway ) in addition i. V. with § 12 FreizügG / EU. These regulations are the national implementation of Articles 10 and 11 of Directive 2004/38 / EC (Union Citizens' Directive) . For the details of the European legal bases → residence card .

Legal character

The residence card is not a residence title under the Residence Act , but is based on the Freedom of Movement Act / EU . The residence card is of a declaratory nature, as the right of residence is based on Community law or the EEA Agreement. According to the law valid until January 28, 2013, the residence card was an administrative act . Since the legislature has ordered that if the right of residence is lost, the residence card is no longer revoked , but only withdrawn (Section 5 (4) sentence 1 FreizügG / EU in the version in force since January 29, 2013), a change in terminology could be made at the same time of legal character to be seen (no more administrative act, just identification).

requirements

The family member's right of residence under European law follows the right of freedom of movement of the reference person, i.e. usually that of the spouse or partner. In order to issue a residence card, the authority may ask the family member

  • a recognized or otherwise approved valid passport or passport substitute,
  • proof of the existence of the family relationship, for relatives in descending and ascending line, documentary evidence of the family relationship and
  • a confirmation of registration of the EEA citizen whom the family member is accompanying or to whom he wants to join,

request ( § 5a Abs. 2 FreizügG / EU). German law provides that the documents can be received by the registration authority , which forwards them to the immigration authority (Section 5 (2) sentence 2 FreizügG / EU).

Family members who are EEA citizens themselves will not be issued a residence card. By January 28, 2013 they received a certificate of freedom of movement in Germany to prove their right of residence; since then they no longer need a residence document at all.

Nationals of Switzerland obtained due to the free movement EC-Switzerland a residence with the special entry of 21 June 1999 residence-CH .

Procedure

The residence card is issued ex officio, which does not exclude an application from the family member. It must be issued within six months after the family member has provided the necessary information. They are usually valid for five years (Section 5, Paragraph 1, Clause 1 of the FreizügG / EU). The family member immediately receives a certificate stating that the required information has been provided (Section 5 (1) sentence 2 FreizügG / EU).

Loss of right of residence

If the prerequisites for freedom of movement no longer apply to the reference person within five years of the establishment of permanent residence in the federal territory, the loss of the right of freedom of movement can be determined and the residence card withdrawn (Section 5 (4) FreizügG / EU). The loss can also be determined if falsified documents have been presented or if the spouse or partner does not live together ( Section 2 (7) FreizügG / EU).

The loss of the right of residence can also be determined for reasons of public order , security or health ( Section 6 (1) FreizügG / EU). The loss determination in this case is connected to a re-entry ban. Nonetheless, re-entry and a stay in the federal territory are punishable ( Section 9 FreizügG / EU in conjunction with Section 7 (2) FreizügG / EU). Such a loss determination corresponds in its effects to the expulsion under the Residence Act . In order to be able to re-enter Germany, the entry ban must be limited in time.

The loss assessment for reasons of public health can only be made if the illness occurs within the first three months after entry (Section 6, Paragraph 1, Clause 3 FreizügG / EU). The fact of a criminal conviction alone is not enough to determine the loss. There must be an actual and sufficiently serious threat that affects a basic interest of society (Section 6 (2) FreizügG / EU). This formulation corresponds to the very high level of deportation protection that applies to EEA citizens.

When making the decision, the length of stay of the person concerned in Germany, their age, their state of health, their family and economic situation, their social and cultural integration in Germany and the extent of their ties to the country of origin must be taken into account (Section 6 (3) FreizügG / EU).

The invalidation of the national passport, identity card or other passport substitute cannot justify termination of the stay (Section 6 (7) FreizügG / EU). The requirements are therefore very high and are rarely met in practice.

Elimination of the reference person

In the event of the death of an EEA citizen, the family member who is not an EEA citizen retains the right of residence if he or she is an employee or self-employed person or if livelihood security and health insurance are guaranteed. Before the death of the EEA citizen, he must have been a member of his family in the federal territory for at least one year ( Section 3 (3) FreizügG / EU). The children of an EEA citizen who is entitled to free movement and the parent who actually exercises parental custody of the children, even after the death or departure of the EEA citizen from whom they derive their right of residence, retain their right of residence until the completion of an education, if the children stay in Germany and attend a training facility (Section 3 (4) FreizügG / EU).

In the event of divorce or annulment of the marriage or the annulment of the civil partnership, the family member receives a right of residence if he or she owns or acquires the status of an employee or self-employed person or if livelihood security and health insurance cover are ensured. Moreover must

  • the marriage or civil partnership had existed for at least three years prior to the initiation of judicial divorce or annulment proceedings, of which at least one year in the federal territory, or
  • Parental custody of the children of the EEA citizen has been transferred to him by agreement of the spouse or life partner or by a court decision, or
  • it may be necessary to avoid particular hardship, in particular because the spouse or partner could not be expected to adhere to the marriage or civil partnership due to the impairment of their interests worthy of protection, or
  • by agreement of the spouse or partner or by a court decision, the right to have personal contact with the minor child has only been granted in the federal territory (Section 3 (5) FreizügG / EU).

Permanent residence card

After a longer stay, the family member acquires the right of permanent residence. For further details → permanent residence card (Germany) .

Form of grant

Since September 1, 2011, the residence card has been issued as an electronic residence permit in credit card format. A fee of EUR 28.80 is charged for issuing a residence card, and EUR 22.80 for persons under 24 years of age ( Section 47 subs. 3 AufenthV).

Web links

Individual evidence

  1. ↑ Federal Ministry of the Interior: General administrative regulation for the Freedom of Movement Act / EU ( Memento of the original from January 5, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. No. 5.2.1 of October 26, 2009, accessed on November 21, 2011. @1@ 2Template: Webachiv / IABot / www.verwaltungsrechte-im-internet.de