Residence Permit After Divorce: What Happens Next?

If you are staying for longer than 3 months in your spouse's host country, you have to apply for a residence card and report your presence to the relevant authorities. Yes, it will suck for him, that he now has to pay the woman who (again reading a lot into this) caused the marriage to break down, but there is no reason for you to let your guilt punish you more. An exception can be made where the person in question would not have enough to support themselves if they carried on with the payments. If you have any further questions about the validity of your residence permit after divorce make sure to contact us directly using our contact information. Why should an American citizen risk deportation in order to live in poverty in Germany? The German state is less likely to look on in approval and grant an extended residency permit where the claimant in question does not have the means to support themselves. Yes. After one year, you can apply for the right of residence in Germany independently. Aykut Elseven is a lawyer and partner at Schlun & Elseven. He advises and represents clients in Germany, Europe and worldwide as an expert in immigration and extradition law. They can continue on a number of specific grounds such as: the partner is not able to support themselves, they need help with the funding of further training, illness preventing them from work, the partner had been the primary child carer and inability to work due to age.

Furthermore, should the claimant have started vocational training in an area where there are shortages of workers in Germany. On 1 January 2021, the rules for EU citizens living in or moving to the UK will change. It's easy! You initiated it, not caused it. @eliotstreet Any update on this? If you want clear advice regarding the law relating to the validity of a residence permit after divorce please contact us today.

If you have a particular issue or legal question concerning German Family Law, you can contact our law office anytime. This is regulated by §31 of the German Residency Act (Aufenthaltsgesetz). When it comes to child support payments the legislation is derived from §§1601-1615 BGB. German law does not permit for a person to be kept in an abusive marriage for fear of losing their residency.

Some EU countries require you to report your presence to the relevant authorities within a reasonable period after arrival.

This could be the pivotal issue when determining your eligibility for a freelance permit.

or does it stay valid as long as you are still married to him? You were simply the one that threw in the towel first. Our lawyers are on-hand and ready to provide you with the legal representation you deserve. In cases where the spouses (and thus child in question) resided in different countries from each other it is dependant on where they are located. Our primary locations are in Aachen, Cologne and Düsseldorf but we also have meeting rooms in Berlin, Hamburg, Munich, Frankfurt and Stuttgart. Child custody is an important issue in the event of a divorce. First of all, ignore Wertewandel, he doesn't know what he is talking about. Before you leave, check with the consulate of the country you are going to if you need an entry visa, and if so, how long it will take to get it. Our lawyers for German Family Law can be reached by phone, email and also provide video conferencing options.

If you are a productive, contributing member of society but not earning a lot of money, I have to believe the chances of you being forced to leave Germany are slim. No, I didn't cheat, but I did initiate the separation. Generally, the parents are given joint custody of their children in the aftermath of a divorce. This irrevocable breakdown is usually attested to by a separation of at least one year, where both parties agree to the divorce. Adjust Cookies If you have a legal concern in connection with the pandemic and its consequences, you can find our Coronavirus Information Center here. Disclaimer: I am not a lawyer and this is not legal advice. If you divorce your EU spouse before they acquired permanent residence in their host country (which usually requires them to have lived there for 5 years) - you may stay if: you have been living there for at least 1 year, and; your marriage lasted for at least 3 years before divorce proceedings started; You can also stay if you have: Privacy Policy If your EU spouse is legally employed in another EU country, you can stay there with them without having to meet any conditions. Please read the TT divorce wiki, it also explains how Trennungsunterhalt is calculated: https://www.toytowngermany.com/wiki/Divorce_in_Germany. Is it possible to get a Niederlassungserlaubnis independent of my spouse, simply by virtue of living here on an Aufenthaltstitel for three years? Our lawyers can also answer any further questions you have on divorce law in Germany. So as I see it: I can't get a NE. Should a partner seek to do so they may find themselves facing charges of international child abduction. As long as you have some ties to Germany, whether it be residence or citizenship, you can file for divorce in Germany. Can non-EU citizens keep hold of their residence permit after divorce?

It may be the case that your residence permit in Germany is derived from your marriage. In this case, you should check the applicable residence rights and conditions for other non-EU relatives. If you are a spouse of a pensioner, some EU countries may decide not to grant you and your family income support for your first 3 months in that country. Pursuant to Article 3 Brussels II, the English Court has jurisdiction to deal with a divorce … BTW, you can also apply for Trennungsunterhalt from your husband. And I really miss the red button! For more legal information, please visit our Family Law Information Germany Center. This is regulated by §31 of the German Residency Act (Aufenthaltsgesetz). Screw the bastard. If you are married or in a registered partnership with an EU citizen that is living, working, studying or looking for a job in an EU country different from the one they come from, EU rules make it easier for you to join them there. In fact it is in the following situations where it will most likely be granted: Where domestic abuse or violence has been shown to play a factor in the divorce. Thanks to the current situation in Germany, we are again offering on-site appointments. Following the official divorce however, the continuing spousal maintenance payments have to be applied for. Schlun & Elseven Attorneys-at-Law remains fully available for its Private & Business Clients even in these difficult times. This article will deal directly with the issue of how divorce in Germany impacts the residence permit of non-EU citizens. More importantly, consider swallowing your pride and applying for Trennungsunterhalt. In this instance having their permit to remain in Germany be not based on their marriage. Rejection of German Visa Application: What Should You Do?

In principle, you and your family members will continue to keep your current residence in your host country. If you stay for less than 3 months, all you need is a valid passport and an entry visa depending on the country you are from.

Being granted joint custody means that a parent cannot remove the child to another jurisdiction to live without the permission of the other custody holder. Through him I have an Aufenthaltstitel. Residency after Divorce from Non-EU Spouse. During this “cooling off period” spouses are legally obliged to pay each other spousal support, again in relation to their own means and their own ability to work and to earn money. In principle, you and your family members will continue to have permanent residence in your host country. Germany is a "no fault" divorce country. Another aspect of divorce is the issue of support payments. In many cases it seems to be a judgment call by Ausländerbehörde staffers. This is a requirement during this period that cannot be easily waived. This is why it is advisable to (if possible) work in Germany and seek to extend your stay through this reason rather than solely through marriage. Get in touch with specialised assistance services, Get advice on your EU rights / Solve problems with a public body, Travel documents for non-EU family members, Documents for minors travelling in the EU, Rights for travellers with reduced mobility, EU parking card for people with disabilities, Travelling with pets and other animals in the EU, Taking animal products, food or plants with you, eCall 112-based emergency assistance from your vehicle, Package travel and linked travel arrangements, Timeshare and other long-term holiday contracts in the EU, Applying for permanent provision of services, Applying for temporary provision of services, Driving licence exchange and recognition in the EU, Driving licence renewal in another EU country, Car registration documents and formalities, Reporting presence for short stays (<3 months), Registering EU family members in another EU country, Registering your non-EU family members in another EU country, Permanent residence (>5 years) for EU nationals, Permanent residence (>5 years) for non-EU family members, Study abroad and scholarship opportunities, Unplanned healthcare: payments and reimbursements, Organising planned medical treatment abroad, Expenses and reimbursements: planned medical treatment abroad, Information points: planned medical treatment abroad, Buying medicine in another EU country or online, Prescriptions abroad: expenses and reimbursements, Maintenance obligations - support for family members, Property regimes for international couples, Getting your public documents accepted in the EU, Informal dispute resolution for consumers, I am a non-EU citizen in a registered partnership with an EU citizen, I am a non-EU citizen and I am married to an EU citizen, I am joining my spouse in their EU country of origin, I am joining my spouse in another EU country, consulate of the country you are going to, Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, Right to move and reside freely within the EU, Publications Office of the European Union, are enrolled in an approved educational establishment, have sufficient income to support your whole family without needing income support, have comprehensive health insurance for your whole family in that country, you have been living there for at least 1 year, and, your marriage lasted for at least 3 years before divorce proceedings started, the right to see your minor child(ren), as long as the court ruled that such access must be in the host EU country, temporary absences (less than 6 months a year), longer absences in case of compulsory military service.

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