What is the normal place of residence?
Some conditions for exemption are based on what is called a natural person’s "normal place of residence". If it is unclear which of several places of residence is the normal place of residence, European Court of Justice case-law requires that it be determined as the place where the person has the centre of his interests. That is usually the place to which the person has close personal or professional relations.
The following can be used as decision-making criteria:
- the place that is regularly visited by the person and members of his family,
- the place where he conducts his professional activities,
- the place where his children attend a school,
- the place where his dwelling has been established,
- the place where he has his financial interests, or
- the place where he has administrative relations to state and social institutions.
Merely visiting a school or university, or performing a professional assignment, does not of itself result in the transfer of the normal place of residence. In these cases, too, decisive is the place where the person concerned has and/or maintains the centre of his interests.
As evidence of the transfer of the normal place of residence - which must be submitted during the relevant clearance - the following are given particular weight:
- a certificate from the foreign authorities showing how long the person concerned has lived abroad, and
- a registration certificate, a tenancy agreement, an employment contract or similar to show residence in the German part of the Community customs territory.
