Immigration protection for Indian spouse going through a divorce in Germany

36 posts in this topic

Hi,

My Husband is Indian with German PR. Last year, we did arrange marriage in India. Before marriage itself, i asked him that you live for a long time in Germany, why do you want to get arranged marriage in india. You could find any Indian or European girl. He said, he had European gf in past but he always knew that he wanted to get married to an Indian.

 

After getting married, when i came here 8 months back, problems started. He ll get pissed off if few water drops are fallen on wooden floor. He kept those small mistakes in mind till date.

 

Finally he told me that i dont have feelings for you anymore. You start looking for a home and shift from here. And eventually file divorce also. His germany friend told me that he now feels that he is more European. He has the guilt of marrying you (Indian girl) and now he just want to escape from the situation.

 

He started humiliating me since 3 months. He went to Ukraine and told everyone in his group (group wih lots of girls) that i did arrange marriage under my parents pressure and now i am very unhappy. So that he get girls sympathy and then he posted all his fun pictures on Instagram. We both went to georgia (an old planned trip). There he was giving massage to girls and before i arrived, he told them that she used to do stupid things like falling drops of water on wooden floor and not cleaning it (8 months back topic)! And just to make me down, he ll like pictures (with love smiley) of european girls in the trip in bikini. He also behaved like a pimp in Georgia which i dont want to elaborate. Now he does everything to torture me so that i leave this house. Shouted on me to leave house. He stopped my Netflix connection. There is a lot more...!!

 

I luckily have a permanent contract Job, salary is like 1900€ per month. But it has been a mental torture for these past 8 months.

 

Before we get seperated, i want to protect myself because i have paid every single penny of marriage which was not less than  15,000€. And I want my job, my social status to be secured in Germany. And I need a compensation also for this mental harassment.

 

3 questions:

1. How can I protect myself under immigration law so that he cannot kick me out of house and if he does something incorrect, I am protected

2. Can I file divorce against him from Germany? What can be good or worst scenario if he files divorce ?

3. Can he cancel my spouse visa before we get divorced. And after getting divorced, does the visa type change easily to work visa? 

1

Share this post


Link to post
Share on other sites
57 minutes ago, Pratu said:

I luckily have a permanent contract Job, salary is like 1900€ per month. But it has been a mental torture for these past 8 months.

Start by clarifying if that is net or brutto. And your tax class. If you class 5, that is actually a good salary when you divorce and move to class 1. Perhaps 2300€.

 

0

Share this post


Link to post
Share on other sites

Thanks Mike, this is much helpful. But I think after getting divorced, as an individual, I ll come in class 4. Isn’t it? 

0

Share this post


Link to post
Share on other sites

 

Quote

And I want my job, my social status to be secured in Germany. And I need a compensation also for this mental harassment.

 

What do you mean by you want your "social status to be secured" in Germany? What type of compensation are you expecting? You married a man you didn't know in order to move here and you are now surprised that he turns out to be a jerk. If you want to stay here you need to change your permit status (if possible).

 

What formal qualifications do you have, what do you do, and how much is your gross annual salary?

3

Share this post


Link to post
Share on other sites
2 hours ago, Pratu said:

You could find any Indian or European girl. He said, he had European gf in past but he always knew that he wanted to get married to an Indian.

 

He sounds like a real catch.  We "European girls" (and we always are "girls") will be queueing up for a man like him :rolleyes:.  Especially in Europe's great singles nation.   There is a reason he "wanted" an Indian wife.  Those sex workers don't want a wedding band off him, it's just a transaction.

 

Many people will just take your money if you let them.   Every last cent.   (As the pimps of the sex workers are now taking "his").   You will have a lucky escape.  Put it down to experience.  As I said, Germany is Europe's big singles nation.   Many migrant women and local ones manage.   You should start with a lawyer.   They do cheap initial consultations, If you can give him 15k, you can afford that to look after your interest.

 

You might also be advised to seek women's support groups who give practical support to women vulnerable in relationships and also advice on aspects like divorce.  When I did the integration course, I found a lot of recently arrived women in similar situs.  It's very common and so nobody will be at all surprised by your story.  This is one in D-Dorf:

 

https://www.frauenberatungsstelle.de/pages/gewaltbeziehung/thema.php

 

The usual advice is to manage the leaving carefully, because this can be a high risk point for a leaver with a controlling partner.  Plan it but do not tell him anything, perhaps ask a trusted friend and / or authorities for help.  Keep your passport, visa / resident and key documents somewhere else (hire a bank box if needed) and have copies.  Save your own money separately and don't give him any more.  

0

Share this post


Link to post
Share on other sites

This is exactly what my family also told me. I am not sure if you are German, but thank you for understanding my problem so precisely. 

0

Share this post


Link to post
Share on other sites
29 minutes ago, engelchen said:

What formal qualifications do you have, what do you do, and how much is your gross annual salary?

I am Engineer and MBA by qualification. My gross salary is 48k per annum. I work in Energy Sector. 

0

Share this post


Link to post
Share on other sites

If your degree is recognised in Germany, you can try to change to a Blue Card. Even if you are not able to obtain a Blue Card, you should be able to obtain a regular work permit.

 

If I were you, I'd concentrate on changing your permit and looking for your own place. After only 8 months of marriage it is highly unlikely that you'll receive any monetary compensation from him.

0

Share this post


Link to post
Share on other sites
17 minutes ago, engelchen said:

If your degree is recognised in Germany, you can try to change to a Blue Card. Even if you are not able to obtain a Blue Card, you should be able to obtain a regular work permit.

 

If I were you, I'd concentrate on changing your permit and looking for your own place. After only 8 months of marriage it is highly unlikely that you'll receive any monetary compensation from him.

I did not think this way. Thank for help.Just for info, our marriage was held in December 2017 and I plan to stay in the same house Till december 2018 because this is what both families have agreed to. What do you say in this context? AS far as my degrees are concerned , I think they are very much recognized in germany but I would still double check it. Thanks a lot for the information.  

0

Share this post


Link to post
Share on other sites

When you move out, you should ask for trennungsunterhalt (spousal support).  If he is making more money than you are, he will have to pay you something.  You can not backdate it so you only get it from the point you ask for it and you get it until the divorce go through which can take a year or more.  After the divorce it's unlikely that he will have to continue supporting you because you were only married a short time and you don't have children.  As for his assets, in Germany you don't have a claim to the spouses assets that they owned before you were married.   You can only split the money / assets that you have gained during the marriage.

 

2

Share this post


Link to post
Share on other sites
3 hours ago, Pratu said:

3 questions:

1. How can I protect myself under immigration law so that he cannot kick me out of house and if he does something incorrect, I am protected

2. Can I file divorce against him from Germany? What can be good or worst scenario if he files divorce ?

3. Can he cancel my spouse visa before we get divorced. And after getting divorced, does the visa type change easily to work visa? 

a) Have you consulted lawyers back home in India? Might help.

 

b ) In the end living a good peaceful life is more important whether its in India or Europe. And whether it is with lot of money or lot less money.

 

c) You wrote - "And I need a compensation also for this mental harassment".  I am sure you know this already - but dont fall for Indian lawyers who might tell you that you will get lot of money from a guy who is working in Europe. Most Indian lawyers have no clue how honest the system is here. Best is to keep the evidence of *mental harassment* and report to German police.

 

2

Share this post


Link to post
Share on other sites
29 minutes ago, Pratu said:

Just for info, our marriage was held in December 2017 and I plan to stay in the same house Till december 2018 because this is what both families have agreed to.

 

Why would you do that? Who cares what your families negotiate? If the situation is really as bad as you describe, start making plans now to leave. 

 

29 minutes ago, Pratu said:

AS far as my degrees are concerned , I think they are very much recognized in germany but I would still double check it. Thanks a lot for the information.  

 

If you have a 4 year BEng from a rereputable Indian university, the degree will be recognised. 

0

Share this post


Link to post
Share on other sites
20 minutes ago, LeonG said:

When you move out, you should ask for trennungsunterhalt (spousal support).  If he is making more money than you are, he will have to pay you something. 

 

Even if she is earning 48k/year? :blink:

0

Share this post


Link to post
Share on other sites
48 minutes ago, Pratu said:

 I plan to stay in the same house Till december 2018 because this is what both families have agreed to. .  

 

While I understand you and your culture may personally value that, what your families may have "agreed" has no legal value here.  No authority or other party in Germany would place any worth on it.   They may even see it as a worry.     Women are not chattels or owned by family in Germany.   That should certainly not be seen as more important that your mental health or personal wealth or other. 

0

Share this post


Link to post
Share on other sites

But I am still on Probabtion in my job and I just want to be safe. And also getting a house is not 2 days job. It ll be take couple of months.

0

Share this post


Link to post
Share on other sites
14 minutes ago, engelchen said:

 

Even if she is earning 48k/year? :blink:

 

I don't know of a limit except that the lower paid is entitled to 3/7 of the difference of their net income so if he's making more than she is, he will have to pay her.  However, if she's making more, then she'll have to pay him.  This is just during the separation, until the divorce.

0

Share this post


Link to post
Share on other sites
1 hour ago, Pratu said:

But I am still on Probabtion in my job and I just want to be safe. And also getting a house is not 2 days job. It ll be take couple of months.

How far are you from end of probation?

 

BTW, you should fall back to tax class 1, not 4. I assume you are class 5 at the moment.

0

Share this post


Link to post
Share on other sites

1) I read the title of post - *immigration protection*. Made me think whats more important - protecction from husband or protection of immigration status

2) Now we are talking about tax classes and compensation for harassement

3) First thing is to ensure your safety - so while getting a house is *not a 2 days job*. You could still take your valuable stuff and get an airbnb. Things sometimes escalate (can happen on both sides) so better is maintaining your calm without thinking too much about taxes, salaries, immigration status etc. If I was mentally harrassed, I would take few days off and go and meet my family back in India to cool off.

 

Didn't want to sound preachy but first things first.

0

Share this post


Link to post
Share on other sites

German judge would apply Indian marriage law if you got your marriage registered in India. So, depending on the religion - marriage law can change in India. If its a Hindu marraige then German judge in German court would apply Hindu marriage law. More experienced and legally aware folks could please correct me if I got this one wrong.

1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now