Can you convert a spouse visa because your splitting up

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my partner and I got married almost two years ago, both American. We are now in the situation that my partner wants to split up. I do not, but we have to get the visa renewed in three months. They had a student visa and now getting a work visa and after two years can apply for citizenship/ permanent residence. Do I have the right

1. to get my visa renewed with them? We will be living apart (if I find a place to live) for a month

2. if I can't renew my visa can I convert it to a Freelancer Visa (an idea I've been toying around with in my head, as I am an artist)?

2b. If i can get a freelancer Visa can I also work a 20 hour job too (so that I get my health insurance)?

Any information would be helpful and I have looked here and google and cannot find an answer.

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Sorry to hear your personal situation. Separation of all kind is painful.

 

1. Nevertheless, as far as I can understand your situation, if you and your partner are still together 'on paper' i.e. 'officially', then you can apply for visa extension with your partner. Also depends on what kind of visa your partner is seeking. Of course, you need to do it with the consent of your partner.

 

2a. Freelancer Visa is not as easy as it might sound like. You must have extensive documentation. Everything boils down to the question of 'livelihood' and 'health insurance'. The Ausländersbehörde must be convinced that you have those two things sorted out. Moreover, you must present a plan to them, regarding how you want to move ahead with your freelancing idea.

 

2b. You can avail health insurance regardless of a job. If you have a valid visa, then you can pay it our yourself. But, then it is a catch-22 situation. You do not get a visa, if you cannot prove that you have a purpose for a visa. If you have a purpose, then there is a health insurance plan already stitched out for you. For example, if you are a student, then you pay €90 (for the public one) or so. 

 

These are all 2nd hand information that I am giving. I, personally, do not have any 1st experience in these matters. You did not get a reply since Sunday, so I thought I might just share 2nd hand information with you. I do not know how much it would help you.

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6 hours ago, honigbiene said:

1. Nevertheless, as far as I can understand your situation, if you and your partner are still together 'on paper' i.e. 'officially', then you can apply for visa extension with your partner. Also depends on what kind of visa your partner is seeking. Of course, you need to do it with the consent of your partner.

 

WRONG! WRONG! WRONG! 

 

That is the worst advice you could possibly give!!!

 

Applying for a dependent permit as a spouse after splitting up is a criminal offence in Germany. 

 

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But have they actually split up? Doesn´t sound like to me.

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On 7/28/2019, 6:39:17, wanderStar said:

1.  to get my visa renewed with them? We will be living apart (if I find a place to live) for a month

 

You know already which forms you need to fill out and assurances your spouse needs to make. 

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On 8/3/2019, 6:47:51, engelchen said:

Applying for a dependent permit as a spouse after splitting up is a criminal offence in Germany. 

@engelchen : But they have not split up right? As @jeba also pointed out.

As I understood, OP's partner wants to split up. If they are legally still married/staying-together couples, does that not mean they are still married/staying-together in the eyes of the law and therefore can apply for visa extension legally?

 

I understand, that if they are living separately (the one year period before one can legally seek a divorce) or legally-divorced already, then applying for a dependent visa is a criminal offence. I would believe not only in Germany but in any law-abiding country. 

 

Correct me if I have had the wrong understanding of the OP's situation. 

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10 minutes ago, honigbiene said:

 

Correct me if I have had the wrong understanding of the OP's situation. 

 

My understanding of the OP's situation is what is written in the title of the thread.

 

"can you convert a spouse visa because you are splitting up".

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2 minutes ago, Kommentarlos said:

 

My understanding of the OP's situation is what is written in the title of the thread.

 

"can you convert a spouse visa because you are splitting up".

That's a good point. I have missed it completely. Thanks for mentioning the title of the thread.

 

Now, I have a general question:  If my partner and I are 'thinking' about separation, but have not filed for divorce yet, then am I eligible (legally) to ask for a dependent visa extension?

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On 8/3/2019, 6:47:51, engelchen said:

 

WRONG! WRONG! WRONG! 

 

That is the worst advice you could possibly give!!!

 

Applying for a dependent permit as a spouse after splitting up is a criminal offence in Germany. 

 

I would concur.  I just applied for my residency visa secondary to my husband already having his. I had to sign a paper pledging that we live together at the same address and are a couple.  That was after showing other items, such as proof that I had signed our rental lease and proof that I had Familienversicherung insurance.  The pledge was clearly intended to deter people from doing what has been proposed.

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