On top of the stress of a divorce, having to leave the country where you've settled, made friends, and taken up work could be devastating.
However, your residence rights in Germany after divorce are often not simply gone with the wedding ring.
Instead, it depends on the length of your marriage and whether you have children in Germany, among other things.
Is your residence permit tied to your marriage?
This is the first big question to answer when it comes to how divorce might affect your residency rights in Germany. Did you acquire your current residence permit in Germany due to your marriage to a German citizen or a legal resident of Germany?
If the answer is no - perhaps because you came to Germany on another type of visa, such as an EU Blue Card or student visa - your residency rights may not be affected by divorcing your partner. The only loss in this case, from a residency rights perspective, is that when your visa runs out, you wont have the added option to apply for a residence permit based on marriage.
If you have already successfully obtained permanent residence in Germany or German citizenship at the time of your divorce, then you will retain the right to remain in Germany whatever your marital status. This is true even if you originally came to Germany on a marital or family visa.
Also, if you have citizenship of another EU country, you have the right to remain in Germany irrespective of your marital status.
You can apply for permanent residence or German citizenship in Germany after five years of legal residence here.
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What if your residency is linked to your marriage?Â
If you were in Germany on a marriage-linked residence permit, you are starting from a more precarious position. But there are still cases that would allow you to stay in the country.
One of the most important guidelines here is three years of legal residence in Germany. If you've been legally resident in Germany for at least three years on a marriage-linked visa, you may be able to extend your current residence permit extended by a year. This is meant to give you time to convert over to another type of residence permit - such as a work permit or permanent residency.
You would, of course, have to meet all the eligibility requirements for the new residency permit you aim to apply for. This can be easier for some applicants than others.
For example, a person who is on a marriage-linked permit but has been legally resident in Germany for four-and-a-half years at the time of their divorce would receive a one-year extension - allowing them to apply for their own permanent residency six months after their divorce.
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What happens if you can't convert to another visa?
Even in cases where other residency permits are out of reach, there are instances where a divorcing partner's residence permit might be extended in Germany.
If it would be dangerous to return to your home country, or if your partner used physical violence against you and you had evidence of that fact, you could apply to have your residency extended based on these situations.
But the main reason though that certain divorcing spouses would retain the right to stay in Germany, is shared custody of children.
If you and your divorcing partner share custody of your children, and you have regular contact with and financially provide for your child, your residence permit will typically be extended.Â
However, even if you qualify for an extension of your spousal residency permit, it may still be best to consider switching to another type of visa, permanent residency, or citizenship as soon as you can - thereby establishing your legal right to stay in Germany on your own.
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