Residency after Divorce from Non-EU Spouse?

19 posts in this topic

I know that this forum is not a substitute for a lawyer, but I was just wondering:

 

I am a US citizen married to another US citizen who is working in Germany on a Blue Card. Through him I have an Aufenthaltstitel. We've been living in Germany for three years now, but separated for nearly two.

 

I would finally like to get divorced, however I am not sure about whether I qualify for a Niederlassungserlaubnis, since my husband is a non-EU citizen, and I am a low-earning freelancer. (I do make enough money to live frugally in Berlin, however I'm not sure that it will convince the authorities...).

 

Is it possible to get a Niederlassungserlaubnis independent of my spouse, simply by virtue of living here on an Aufenthaltstitel for three years? If so, do I need to do it before or after getting a divorce?

 

Does anyone have any insight? I have looked online but have not found any information relevant to my particular case. And it seems the next available appointment in the Ausländerbehörde is nearly one year from now...

 

Thank you!

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6 minutes ago, eliotstreet said:

Is it possible to get a Niederlassungserlaubnis independent of my spouse, simply by virtue of living here on an Aufenthaltstitel for three years? If so, do I need to do it before or after getting a divorce?

No, it is a minimum of 5 years for an NE in your situation.

Therefore, I don't see that there is any reason for you to postpone the divorce. Especially since applying for an extension of your permit as a dependent after you've already been separated is a criminal offence.

BTW, you can also apply for Trennungsunterhalt from your husband.

Disclaimer: I am not a lawyer and this is not legal advice.

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On 25/01/2018, 14:58:51, engelchen said:

 

 

Thanks for the advice. So as I see it: I can't get a NE. I can't reapply for an Aufenthaltstitel. I should just divorce... but then I have to leave Germany. I don't think a Trennungsunterhalt would really help me in this situation, unfortunately... :(

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6 minutes ago, eliotstreet said:

I can't reapply for an Aufenthaltstitel.

 

You can't apply for an AE as a dependent of your spouse. However, you can apply for a freelance permit in your own right (see the wiki for more info).

 

 

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On 25/01/2018, 15:11:34, engelchen said:

 

Right.. I will check it out, though I am guessing that I still don't have enough income/clients. We will see.. thanks

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6 hours ago, eliotstreet said:

 I will check it out, though I am guessing that I still don't have enough income/clients.

 

 

Just as a guideline, if after 2 years your average profit is less than 1000€/month, your chances are very low. On the other hand with over 2000€/month, your chances would be quite good.

 

6 hours ago, eliotstreet said:

 I don't think a Trennungsunterhalt would really help me in this situation, unfortunately... :(

 

I think you should apply for it; having a guaranteed source of additional income might help with your application or could be used to finance your move home.

 

BTW, do you have proper health insurance? This could be the pivotal issue when determining your eligibility for a freelance permit.  

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On 25/01/2018, 21:37:17, engelchen said:

 

Yep, I do have proper health insurance, at the very least. Regarding the rest.. odds are not in my favor. My income is rather sporadic and hard to predict, but out of respect for my ex I would not feel right asking him to support me. 

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I have noticed that many of these immigration laws are sprinkled with the word "may". In many cases it seems to be a judgment call by Ausländerbehörde staffers. 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.

 

What are the penalties for ignoring a "leave" order? I wish you all the best.

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Yes, Wertewandel! And the Ausländerbehörde staff  " may " be very willy nilly about the health insurance someone shows them..whether they accept it or not..it often depends on the individual staff member/case worker. I hope the lady in question has public insurance - then no doubts about its legitimacy. Otherwise: willy nilly...

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On 1/25/2018, 9:37:17, engelchen said:

Just as a guideline, if after 2 years your average profit is less than 1000€/month, your chances are very low. On the other hand with over 2000€/month, your chances would be quite good.

 

Is there a source for this information?

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13 hours ago, Wertewandel said:

I have noticed that many of these immigration laws are sprinkled with the word "may". In many cases it seems to be a judgment call by Ausländerbehörde staffers. 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.

 

What are the penalties for ignoring a "leave" order? I wish you all the best.

 

What the hell?!?!? :wacko:

 

What kind of advice is that?!?!?! Why should an American citizen risk deportation in order to live in poverty in Germany?

 

Your advice sucks! And I really miss the red button! :angry:

 

18 hours ago, eliotstreet said:

Yep, I do have proper health insurance, at the very least. Regarding the rest.. odds are not in my favor. My income is rather sporadic and hard to predict, but out of respect for my ex I would not feel right asking him to support me. 

 

First of all, ignore Wertewandel, he doesn't know what he is talking about.

 

More importantly, consider swallowing your pride and applying for Trennungsunterhalt. Your husband obviously earns enough and can afford it. 

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On January 27, 2018 at 8:23:24 AM, engelchen said:

 

What the hell?!?!? :wacko:

 

What kind of advice is that?!?!?! Why should an American citizen risk deportation in order to live in poverty in Germany?

 

Your advice sucks! And I really miss the red button! :angry:

 

 

First of all, ignore Wertewandel, he doesn't know what he is talking about.

 

More importantly, consider swallowing your pride and applying for Trennungsunterhalt. Your husband obviously earns enough and can afford it. 

 

Haha.. Well, for the record I do have public health insurance, TK. In any case I am definitely not going to risk deportation. 

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Hi eliotstreet.

Does your Aufenthaltstitel (which you got through your husband) have an expiration date? or does it stay valid as long as you are still married to him?

 

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Engelchen is right, you need 5 years.

 

And as engelchen said, file for Trennungsunterhalt from your husband. Screw the bastard. Women in the USA take the man for everything he's got. Why not you? The laws are there, use them.

 

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On January 29, 2018 at 11:50:06 PM, wien4ever said:

Engelchen is right, you need 5 years.

 

And as engelchen said, file for Trennungsunterhalt from your husband. Screw the bastard. Women in the USA take the man for everything he's got. Why not you? The laws are there, use them.

 

 

Thanks for the advice.. I think I am the bastard in this scenario, however

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8 minutes ago, eliotstreet said:

 

Thanks for the advice.. I think I am the bastard in this scenario, however

 

Perhaps reading too much into this, but ... That means you are the one who cheated or otherwise "caused" the divorce.

 

Germany is a "no fault" divorce country. It's not your problem if the laws happen to work in your favor. 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. Those laws are there for a reason.

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Just now, jaycool said:

 

Perhaps reading too much into this, but ... That means you are the one who cheated or otherwise "caused" the divorce.

 

Germany is a "no fault" divorce country. It's not your problem if the laws happen to work in your favor. 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. Those laws are there for a reason.

No worries about "reading into it." No, I didn't cheat, but I did initiate the separation. I just met with a lawyer yesterday, but she never mentioned anything about the Trennungsunterhalt as a way of maintaining my residence (I also didn't ask about it). I don't really feel like paying another €100 for clarification... :-/

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13 minutes ago, eliotstreet said:

I did initiate the separation.

 

That's pretty much where I was going with that. You initiated it, not caused it. There are always two parties with "dirty hands" in this situation. You were simply the one that threw in the towel first. That doesn't mean it's your fault and does not preclude you from applying for what is yours.

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