Cross-border commuter card

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According to German law, the cross-border commuter card is a permit under German law that is issued exclusively to foreigners. It not only entitles you to enter and stay in Germany, but also to work under the conditions specified in it. Cross-border commuter cards are generally not issued to EEA citizens because they generally enjoy freedom of movement under European law and no longer need a residence document to take up employment (→ certificate of freedom of movement ).

Exhibition requirements

There are two groups of cases for issuing a cross-border commuter card:

Relocation to a neighboring country while (continuing) to work in Germany

According to Section 12 (1) of the Residence Ordinance (AufenthV), a cross-border commuter card can be issued if

  • the proprietor is employed in the federal territory,
  • he has moved his place of residence together with his spouse or partner from the federal territory to an adjacent member state of the European Union ,
  • this spouse or partner is a German or other Union citizen ,
  • the foreigner lives with him in a family community and
  • returns to their new place of residence at least once a week.

The issuance of a cross-border commuter card according to this case group requires the approval of the Federal Employment Agency , which carries out a labor market test before the approval is granted.

The cross-border commuter card can be issued for a period of up to two years when it is first issued. It can be extended for two years at a time as long as the exhibition requirements are still met.

Cross-border commuter card for Swiss

According to Section 12, Paragraph 2 of the Residence Ordinance, the cross-border commuter card is also issued to Swiss citizens who commute to Germany to work. Details are regulated in Art. 7 Paragraph 2, Art. 13 Paragraph 2, Art. 28 Paragraph 1 and Art. 32 Paragraph 2 of Annex I of the EU-Switzerland Agreement on the Free Movement of Persons.

No passport replacement

As a result of the amendment to the Residence Ordinance by Art. 7, Paragraph 4 of the Act of August 19, 2007, the cross-border commuter card has been deleted from the list of German passport substitute documents in Section 4, Paragraph 1 of the Residence Ordinance because it does not meet the requirements of the EU for passport replacement papers with regard to biometric features corresponds. Therefore, in addition to the cross-border commuter card, cross-border commuters must also have a passport or a valid and recognized passport substitute with them when crossing the border, e.g. Swiss identity cards.

Web links

Individual evidence

  1. ↑ Appendix I of the EU-Switzerland Agreement on the Free Movement of Persons