Apply for a residence permit for Swiss citizens

Prerequisites

• You have Swiss nationality or are a family member of a person with Swiss nationality.
• Her main residence is in Hamburg.
• You meet the requirements of the Free Movement of Persons Agreement between the EU and Switzerland. These include:
  • You work in Germany
  • You are studying in Germany.
  • You live off your savings and do not rely on government assistance.

Documents required

• valid passport or passport replacement
• biometric passport photo in electronic form
  • You can have your passport photo taken on-site. A photo booth is available.
  • You can also have a passport photo taken by a photographer or a drugstore. It can be retrieved electronically from there during your appointment.
• Proof of eligibility for freedom of movement:
  • For employees: employment contract or employment offer
  • For self-employed persons: business registration from the trade office, if applicable orders, invoices or similar
  • For freelancers: tax number from the tax office, if applicable orders, invoices or similar
  • For students: university admission or enrollment certificate, proof of sufficient means of subsistence and health insurance
  • For non-employed persons: proof of sufficient means of subsistence and health insurance
  • For family members: Proof of family relationship with you, for example birth certificate, marriage certificate, registered same-sex civil partnership, custody documents for minor children

You may be required to submit additional documents. You'll learn more when completing the online service or from the relevant office.

Please note

Deadlines

As a person with Swiss nationality, you must notify the relevant authority of your stay within three months of entering Germany.


If you are a family member of a person with Swiss nationality, you must apply for a residence permit within this period.

Procedure

• Swiss citizens who voluntarily wish to be issued with a residence permit must submit an informal application to the relevant authority.
• Family members of Swiss nationals use the provided online service to apply for a residence permit and upload the required documents.
• The responsible office will then send you an appointment for an interview.
• Please bring all required documents, preferably in original, to the appointment.
• The responsible authority will check your identity and documents.
• The competent authority shall involve other authorities where necessary.
• You pay the necessary fees.
• If your application is approved, your fingerprints, signature and a biometric photo will be taken to produce the electronic residence permit (eAT).
• The responsible authority commissions an external agency, the Federal Printing Office, to produce your eAT.
• Once the eAT is ready, you can pick it up in person from the responsible office. The responsible office will schedule an appointment for you.
• If your application is rejected, you will receive a rejection notice stating the reasons for the rejection.

Processing time

Processing will take place directly at the appointment if all documents are complete.


The delivery time for the electronic residence permit from the Federal Printing Office is usually 2 to 4 weeks.

Fees

Before the age of 24: 22.80 euros


From the age of 24: 37.00 Euro Family members who do not have Swiss citizenship:


First issue: 100.00 euros


Fictitious certificate: 13.00 euros


For underage family members from third countries, the fees are halved.

Legal remedies

Contradiction


Lawsuit before the Administrative Court

Legal basis

Section 78 paragraph 1 sentence 2 Residence Act (AufenthG)


https://www.gesetze-im-internet.de/aufenthg_2004/__78.html


Section 28 Residence Ordinance (AufenthV)


https://www.gesetze-im-internet.de/aufenthv/__28.html


Section 56 Approach 2 Residence Ordinance (AufenthV)


https://www.gesetze-im-internet.de/aufenthv/__56.html


Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons


https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:22002A0430(01)


Order on Competences in Aliens and Asylum Law (AuslAsylVZustAnO)


https://www.landesrecht-hamburg.de/bsha/document/jlr-AuslAsylVZustAnOHA2018rahmen