Section 4a - Right of permanent residence

(1) EU citizens who have resided lawfully and continuously in the federal territory for five years shall be entitled to enter into and stay in the federal territory, irrespective of whether the other requirements stipulated in Section 2 (2) are fulfilled (right of permanent residence). Their dependants who are not EU citizens shall have this entitlement if they have resided lawfully and continuously in the federal territory together with the EU citizen for five years. Section 3 (1) and (2) shall not apply to persons referred to in the second sentence; in such cases, the provisions of the Residence Act to regulate the subsequent immigration of dependants joining holders of an EC long-term residence permit shall apply.

(2) By way of derogation from subsection 1, EU citizens pursuant to Section 2 (2), nos. 1 to 3 shall possess the right of permanent residence before the period of five years elapses, if

1. they have resided in the federal territory continuously for at least three years and have pursued an economic activity in the federal territory during the last twelve months at least and

a) are 65 years of age or over at the time of retiring from gainful employment or

b) end their employment under an early retirement scheme or

2. they give up their gainful employment due to a total and permanent incapacitation for work,

a) which has resulted from an occupational accident or an occupational disease and which gives rise to an entitlement to a pension from a body providing pension benefits in the federal territory, or

b) after having resided continuously in the federal territory for a minimum of two years or,

3. after having pursued an economic activity in the federal territory for three years, following which they are gainfully employed in another member state of the European Union, retain their place of residence in the federal territory and return to said residence at least once a week; for the purposes of acquisition of the right pursuant to nos. 1 and 2, times of employment in another member state of the European Union shall be deemed to constitute times of employment in the federal territory.

Where the spouse or partner in life of the EU citizen is a German within the meaning of Article 116 of the Basic Law or lost this legal status as a result of marrying the EU citizen before 31 March 1953, the conditions pertaining to the duration of residence and the duration of employment in the first sentence, nos. 1 and 2 shall not apply.

(3) Dependants of a deceased EU citizen pursuant to Section 2 (2), nos. 1 to 3 who permanently resided at the deceased's address at the time of his death shall possess the right of permanent residence if

1. the EU citizen had continuously resided in the federal territory for at least two years at the time of his death,

2. the EU citizen died as a result of an occupational accident or an occupational disease or

3. the surviving spouse or partner in life of the EU citizen is a German within the meaning of Article 116 of the Basic Law or lost this legal status as a result of marrying the EU citizen before 31 March 1953.

(4) The dependants of an EU citizen who acquired the right of permanent residence pursuant to subsection 2 shall also possess the right of permanent residence if they permanently reside at the EU citizen’s address.

(5) Dependants pursuant to Section 3 (3) to (5) shall acquire the right of permanent residence if they have resided lawfully and continuously in the federal territory for five years.

(6) The period of continuous residence shall not be affected by

1. periods of absence totalling up to six months per year or

2. absence for the purposes of military service or community service or

3. a single absence of up to twelve consecutive months for compelling reasons, in particular due to pregnancy and childbirth, serious illness, a course of study, vocational training or deployment to another country in connection with work.

(7) Absence for a reason which is per se not of a temporary nature for more than two consecutive years shall result in loss of the right of permanent residence.