Cross-border commuter card

All information from the migration lawyer on the requirements and application process for the cross-border commuter card for Germany.

Here you learn ...

what a cross-border commuter card is
Difference between cross-border commuter card and residence permit
what requirements a cross-border commuter card has
how to apply for a cross-border commuter card

1. Cross-border commuter card for Germany

2. Differences between cross-border commuter card and residence permit

3. Who can apply for a cross-border commuter card?

4. Application procedure for a cross-border commuter card

5. FAQ

6. Conclusion Cross-border commuter card

1. Cross-border commuter card for Germany

The cross-border commuter card is a special residence permit under Section 12 of the Residence Ordinance (AufenthV) that is issued to certain non-EU citizens and Swiss nationals . It is intended for individuals who reside in a neighboring country of Germany but regularly commute to Germany for employment. The cross-border commuter card is valid for up to two years upon initial issue. It can be renewed for two-year periods as long as the requirements for its issuance continue to be met.

It should be noted that cross-border commuters are not a typical application of German residence law. Although the cross-border commuter card is also issued by the immigration authorities and may only be issued with the approval of the Federal Employment Agency (except for employment without a permit), the cross-border commuter card is more of a work permit than a residence permit and is not a typical employment permit.

2. Differences between cross-border commuter card and residence permit

The cross-border commuter card differs from other residence permits, particularly from the provisions of Sections 19, 19a, and 19b of the Residence Act, which apply to persons who wish to reside permanently in Germany . The cross-border commuter card is issued exclusively to persons who:

live in a neighboring country and return there at least once a week,
would like to work in Germany but do not plan to stay long-term,
for which the employer requires approval from the Federal Employment Agency (except for activities that do not require approval).

Please note: The cross-border commuter card is not a residence permit ! It only entitles you to pursue the specified activity, but not to permanent residence in Germany.

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3. Who can apply for a cross-border commuter card?

There are two main groups of applicants who can apply for a cross-border commuter card. First, these are individuals who relocate to a neighboring country but continue to work in Germany. This cross-border commuter card is suitable, for example, for employees who move abroad with their spouse or partner. They are required to return to their new place of residence at least once a week.

The second group of cross-border commuters is Swiss nationals who work in Germany. According to the EU-Switzerland Agreement on the Free Movement of Persons, Swiss citizens can obtain a cross-border commuter card for the entire federal territory. The precise conditions under which Swiss citizens can be issued a cross-border commuter card are set out in Annex I to the Agreement of June 21, 1999, 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 (Federal Law Gazette 2001 II p. 810) . One of our lawyers would be happy to advise you on the subject of cross-border commuters for Swiss nationals.

4. Application procedure for a cross-border commuter card

The authority responsible for issuing the cross-border commuter card is the immigration authority at the place of work . For example, anyone taking up employment in Berlin submits the application to the Berlin State Office for Immigration (LEA) . The relevant application documents must be submitted to the immigration authority, for example, by email or using the contact form (see, for example, the contact form for the immigration authority in Berlin ).

In principle, the issuance of a cross-border commuter card requires approval from the Federal Employment Agency . A labor market review is conducted to ensure that the employment will not have a negative impact on the German labor market. To apply for approval from the Federal Employment Agency, a declaration of employment status must usually be submitted. The review by the Federal Employment Agency is only waived if the activity does not require approval.

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5. FAQ

What is a cross-border commuter card and who is it intended for?
The cross-border commuter card is a work-related permit under Section 12 of the Residence Ordinance (AufenthV) that can be issued to third-country nationals and Swiss citizens. It is intended for individuals who live in a neighboring country of Germany but regularly commute to Germany for work without intending to live there permanently.

What requirements must be met to obtain a cross-border commuter card?
Applicants must live in a neighboring country and return there at least once a week.

6. Conclusion

The cross-border commuter card is a special work-related permit pursuant to Section 12 of the Residence Ordinance for third-country nationals and Swiss nationals who reside in a neighboring country of Germany and regularly commute to Germany for work. It differs fundamentally from traditional residence permits in that it does not grant permanent residence, but only entitles the holder to pursue the approved activity. It is issued by the responsible immigration authority at the place of work and generally requires the approval of the Federal Employment Agency following a prior labor market assessment. This particularly benefits workers moving abroad and Swiss nationals, who are subject to special regulations under the EU-Switzerland Free Movement of Persons Agreement.