German residence permit
The electronic residence permit (eAT ), the law designates solely as a document with electronic storage and processing medium is a plastic card made of polycarbonate ( PC) in credit card format with which a foreigner in Germany and the European Union can prove his right of residence. The electronic residence permit became effective on September 1, 2011 to replace the previously pasted in the National Pass sticker and is similar in appearance and function to the German identity card.
Legal basis
The electronic residence permit was introduced in Germany by changes of the Residence Act and the Residence Regulations. Both changes are based on European law.
The technical specifications for the electronic residence permit were adopted by the European Union on 20 May 2009; they were put to 21 May 2011 in national law.
Appearance and content
The electronic residence permit has the form of a credit card and contains the readable data such as name, date of birth, place of birth, type of permit ( residence permit, residence permit, etc. ) and its legal basis, nationality, gender, height and eye color, address of residence in Germany, signed by the holder, serial number and validity of the associated passport or passport substitute paper and a photograph ( § 78 para 1 of the Residence Act ), an automatic reading area with most of the visible information ( § 78 para 2 of the Residence Act ).
Moreover, the electronic residence permit includes a storage and processing medium in the form of a contactless chip in which biometric information ( fingerprints and a facial image two ) are stored ( § 78 para 3 of the Residence ).
Affected persons
Personal scope
An electronic residence permit must in principle have any that is not German within the meaning of Article 116 of the Basic Law. The only exceptions are EU citizens and nationals of other EEA countries ( Iceland, Liechtenstein and Norway); this group of people could get to 28 January 2013 Freizügigkeitsbescheinigung in paper form. Meanwhile, this group of people will not need the longer residence document. If the electronic proof of identity in Germany are used to EEA citizens - depending on the national identity card law - get an ID card with electronic proof of identity to the authorities of their own country. Conversely get German residing abroad an ID card with electronic proof of identity with their respective German mission abroad ( § 1 para 4, No. 2, § 7 paragraph 2, § 8 paragraph 2 PAuswG ).
Free movement entitled family members of Union citizens who are third-country nationals always need an electronic residence permit that is issued in the form of the residence card or permanent residence card.
Turkish nationals also require an electronic residence permit. This also applies if you already have the limited freedom of movement under the ARB 1/80, as far as their right of residence in Germany continues to be certified in a residence, although this has only declaratory.
Swiss citizens have the choice whether to permit the -CH in the form of the electronic residence permit or - they exhibit in paper form (§ 28 AufenthV ) - as before.
As far as an electronic residence permit must be applied for, him and children who could be included in the passport of a parent so far need. From a child's sixth year, they must also biometric data (fingerprints ) Make ( § 78 para 3 sentence 3 of the Residence ). A handwritten signature must be made ( § 78 para 1 sentence 5 of the Residence Act ) from the age of ten.
Scope of assistance
The electronic residence permit serves to document the residence permit issued in Germany for a permanent residence, which are:
- The permit shall be
- The residence -CH
- The residence card,
- The EU Blue Card
- The permanent residence card,
- The permit for permanent residence in the EC,
- The settlement permit.
In the case of a short stay of up to three months, no electronic residence permit is issued. The offender may contain a visa in accordance with Regulation (EC ) No 539 /2001 ( EU visa regulation) as a sticker in his national passport or is exempt from the requirement of possession of a visa under the EU visa regulation.
In certain shorter or longer stays, the obligation is not applicable to the possession of an electronic residence permit if the alien pursuant to his purpose no residence permit is required, such as diplomats, commuters, students on student collection lists, civil aircrew, seafarers and persons engaged in inland navigation ( for details see, eg, § § 18 to 30 AufenthV ).
Also no electronic residence do people without secure residence. These are required to leave the persons whose deportation is exposed and which are therefore in possession of a toleration, and persons whose residence permit application is being tested and at this stage a fiction get certificate (both governed by § 78a para 5 of the Residence ). Asylum seekers whose application for asylum is in the exam, obtain a residence permit ( § 63 Asylum Procedure Act ). All these documents will continue to be issued solely in paper form, partly as a sticker.
Electronic proof of identity
The inclusion of biometric identifiers is an important step to establish a reliable link between the holder and the residence permit in order to avoid misuse. Hold electronic residence permit have the opportunity to maintain their identity in electronic communication - both in e-government and e-business - to prove.
Already in the design phase for the electronic identity card was set to design the electronic residence permit in technical terms almost identical and in particular the functionality of an electronic identification for the owner to provide electronic residence permit ( § 78 para 5 of the Residence ). The use of electronic identification is protected by backup over the ownership of the electronic residence permit and the knowledge of a secret number. The use of the identity document is voluntary. The function can be turned off at the request of the cardholder at any time and are locked in your lost cards.
The electronic proof of identity can be unlocked or used in only unequivocally proven identity. Are the personal details and identity only to the own data of the foreigner, can not regularly be assumed to be unequivocally proven identity. In these cases, the function of the electronic identification is switched off by the immigration authorities.
In addition to provisions
The ancillary provisions on employment, employment or other points are both printed on an additional sheet and stored in the memory and processing medium of the electronic residence permit.
Method
The introduction of the electronic residence permit, the work processes in the immigration authorities have fundamentally changed. With the application of the electronic residence permit, the required biometric features to be removed. Before the electronic residence permit is issued, the person concerned will receive by mail the manufacturer ( Federal Printing ) a letter with the transport PIN, the Personal Unlocking Key ( PUK Personal Unblocking Key = ) and a barring password. The transport PIN must be changed before the first use in a personal PIN. With the issue of the electronic residence permit an additional sheet with the ancillary provisions shall be handed to the residence. No entries on the right of residence made more ( no stamps, no stickers ) - In the National passport of the foreigner to be - as it is now common for EEA citizens. Invalid or canceled electronic residence permit are as identity cards, which are issued after October 31, 2010 - so-called new identity cards ( NPA ) - call them by the authorities and may not be canceled shall be delivered to the owner. The reason for this is that can not be ensured by production tolerances that the supposedly debased identity document still contains a functional chip.
Changes of address
If resident Jump should in future be possible to change both the entry on the map as well as the chip from the registration office of the municipality together with the reporting legal acquisition ( § 78 Paragraph 7, Sentence 2 of the Residence Act ). To this end, there is - as with the identity cards to German - special stickers. That would leave the victims in these cases the transition to immigration officials spared. The decision on the use of this option lies with the Länder. Baden- Württemberg and Saarland have made use of this.
Costs
The introduction of a plastic card with a storage medium has performed compared to the previous residence permit as an adhesive label to a significant increase in production costs. Production costs, which are paid to the documents the manufacturer, amount to 30.80 euros, while the previous adhesive label only cost 78 cents.
The significantly higher production costs are passed on to the cardholder: The fee for the issue of a residence now stands at 100 to 110 euros (previously: 50 to 60 € § 45 AufenthV ) and for a residence permit at least 135 euros (previously 85 euros, § 44 AufenthV ). Since passes for free movement entitled EU citizens and their family members under European law, not allowed to cost more than passes for residents, the fee for a residence card or permanent residence card is only 28,80 EUR, in individuals under 24 years 22,80 € ( § 47 para 3 AufenthV ). The equivalent to the fees that are charged for an ID card (§ 1 PAuswGebV ).
The subsequent activation of the electronic identification, the re-allocation of a secret number and the unlock of proof of identity cost 6 euros. Toll Free is the initial activation of the electronic identification on delivery of the document. Furthermore, the elimination and the blocking of the electronic identification as well as changes of address are free. The amendment of the secondary provision on employment which is free of charge ( § 45a AufenthV ).
There are also a variety of personal liberation fees and fee with discount events for asylum seekers and recognized refugees, Swiss citizens, students and job seekers ( § 52 and § 53 of the Residence ). The former cost exemption for spouses and children of foreign Germans was abandoned for reasons of cost, with the introduction of the electronic residence permit.
Residence permit in paper form
In special cases, residence permits can in its present form (as adhesive label and / or paper form ) will be issued in the ID -2 format ( § 78a Residence Act). A special case may exist, for example the case of foreign nationals who are not more due to old age or a physical disability able to travel alone in public. May also be the case of loss of the electronic residence permit arise the need to avoid particular hardship in the short term issue a residence permit in the form form. Such situations can exist, for example, when the new issue of the electronic residence permit would have the consequence that a humanitarian reasons urgent travel outside the Schengen area or not could not be commenced in time.
Transition periods
The previously glued to the National passports and residence permits otherwise issued identity papers initially remain still valid. With the need for a re-issue (for example, transfer of residence to a new national passport ), but no later than August 30, 2021 previous documents must be replaced by the new electronic memory and processing medium. Regardless, an electronic residence permit may be requested if the subject has a legitimate interest in reissuing points out ( § 105b of the Residence Act ).
Criticism
The introduction of the electronic residence permit is not without controversy. For example, criticizes the fact that taking the fingerprints of children is discriminatory and justified by anything already from the age of 6. It is also not clear why the victims should bear the costs imposed on them a questionable innovation. The total costs were too high; an electronic residence permit would cost only 10-15 euros in Belgium. The adhesive label have been used in Germany in the production cost only 78 cents, and it could be bonded in a short time in the corresponding pass. The production cost of the electronic residence permit, however, amount to just under 30 euros, the administrative burden is high, a unique face meeting no longer sufficient, and extensions all family members have always audition in person.
With respect to Turkish nationals, the cost increase is particularly problematic. As a result of the EU-Turkey Association Right, here specifically Article 13 of Decision No 1 /80 there shall be no deterioration over the previous law in dealing with Turkish nationals. The European Court has repeatedly declared incompatible in the context of association legal discrimination fees for residence permits of Turkish nationals as too high and to the right of association.
In March 2013, the Federal Administrative Court has ruled that fees for residence documents for Turkish nationals who receive over fees for comparable documents that Union citizens are disproportionately high and violate the right of association. In the present case it was among other things to a settlement permit of a Turkish national, were required for 135 €, while the issue of a residence permit for foreign family members of a Union citizen only costs 28,80 €. At this point, the fees regulations of the Residence Regulations will have to be changed.