Residency for Cross-Border Commuters in Germany

Section 12 AufenthV serves as the legal basis for the issuance of a border-crossing certificate. It formulates different requirements depending on the group of applicants concerned.

The groups of applicants include:

• Third country nationals living together with their German spouse or life partner,
• Third country nationals living together with their spouse or life partner who is an EU citizen and who, as a cross-border commuter, pursues gainful employment in Germany,
• Third country nationals living with their EU citizen spouse or life partner who, without being a cross-border commuter, has transferred their residence from Germany to another neighbouring state,
• Third country nationals who fulfil all other requirements for obtaining a residence permit in Germany for the exercise of employment.

Exceptions can be made for self-employed persons. In their case, the authority has the option of issuing the border-crossing certificate irrespective of the usual requirements of Section 21 AufenthG.

Nationals of Switzerland are subject to different conditions than other third-country nationals. For them, border-crossing certificates can be issued and renewed per the conditions laid down in Annex I to the Agreement on the Free Movement of Persons between the EU and Switzerland. Accordingly, Swiss cross-border commuters generally do not require a residence permit. Swiss citizens can obtain a special certificate with a validity period of at least five years from the competent authority to exercise gainful employment or self-employment.

The application for a border-crossing certificate must be addressed to the applicant’s authority in whose jurisdiction the place of the intended gainful employment falls. If, for example, the employment is to be carried out in Cologne because the business in question is located there, the application must be submitted to the Immigration Authority in Cologne.

Generally, an application for a border-crossing certificate must include the following documents:

• Application form,
• passport with valid right of residence in the state bordering the territory of the Federal Republic of Germany,
• two current biometric passport photographs,
• further documents, where applicable.

It is also necessary to submit one of the following:

• proof of the respective family relationship,
• proof of gainful employment,
• proof of studies (certificate of registration).

When the border-crossing certificate is first issued, it shall be valid for two years. Subsequent extensions are possible as long as the initial requirements for the issuance of the certificate remain fulfilled.