“I have the right” in Germany: Residence permit for reunification and the rights of a foreign spouse

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─ Hello, lawyers of the column “I have the right”!

Please help me to understand my situation. What can be done?

My husband and I have been married since 1986. In 2001, my husband, me and my son came to Germany for reunification (my husband has parents, sister, brothers here). The son finished school here, got married. Granddaughters are 12 and 9 years old. The husband and son have the 7th paragraph, I have the 8th paragraph. We are citizens of Kazakhstan, and every three years I have to renew my visa.

We are not working, we are currently receiving benefits from the Labor Agency (Arbeitlosengeld). The husband began to drink more and make trouble. Can I File For Divorce? Can I count on not being evicted after my divorce? Can I Get Some Benefit After Divorce? Can I get citizenship and how can I do it?

Olga Sh., Koenigswinter.

─ Dear Olga!

As I understand it, you have been issued a temporary residence permit for reunification with your spouse, which is renewed every three years.

After three years of cohabitation with a German citizen / citizen, the spouse may be issued a permanent residence permit. This requires that he speaks German at the B1 level and that the family has sufficient income. It is required that the family does not receive social assistance from the state.

Cohabitation with a spouse is a prerequisite for the renewal of a temporary residence permit for reunification. If the cohabitation ends, the residence permit will not be renewed. In the worst case, the Office for Foreigners can shorten the duration of the residence permit (for example, keep it valid for up to three months). This happens a lot. In these cases, the department checks the possibility of granting another residence permit. If another residence permit cannot be issued, then the foreigner is asked to leave the country. He can be deported if he does not leave on time.

After the termination of cohabitation, a foreign spouse will be issued a residence permit valid for one year for the purpose of further staying in Germany, if cohabitation in Germany lasted at least three years. This residence permit can be renewed. The key word here is “may”. Despite the fact that receiving social assistance is not an obstacle to renewal by law, this circumstance can become a problem. As part of the renewal decision, all the individual circumstances of a particular case are taken into account (for example, age, presence of children, opportunity to find a job). If this residence permit has been extended to a foreign spouse, then in the presence of all legal conditions (own earnings, language knowledge, absence of crime and other criteria), it is also possible to provide a permanent residence permit or citizenship.

Since you are in Germany on the basis of a spousal residence permit and are going to live separately, I strongly recommend that you consult a lawyer in order to take measures in advance to ensure your continued stay in the country. You need to discuss the situation in detail and choose the best option for you.

This article is for informational purposes only and cannot replace full legal advice. The author is not responsible for any damage incurred when using this article. This does not apply in cases where the damage was caused intentionally or by gross negligence.

Grigory EKSUZYAN, lawyer.

Anwaltskanzlei | Eksuzian

Hauptmarkt 11, 90403 Nuernberg

Tel .: +49 911 244447 15; Fax .: +49 911 244447 25

www.eksuzian.de; info@eksuzian.de

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