As husband of an EU-citizen, can I get an independent residence permit after divorce?

Question

Hi , I’m not a eu national & my wife  is eu national we got married 4 years ago in Ireland initially we lived there two years but later on we moved in Germany because of work reason currently I have a 5 years resident card “ a family member of union citizen” i got that card in October 2017 so it’s been nearly two years we been living together since then in Germany Unfortunately we can not live together because she never like to work and I’m paying all the bills and rent and now we are applying for divorced so my question is will I have to leave a country if I give her divorce or I can apply for separate resident permit ?? Bare in mind we got married in October 2015 in Ireland we been living together since then two years in Ireland and two years in Germany , any help and suggestion will b appreciated , thanks

Answer 1

Dear Parthi dharan,

Thank you for sharing your question with the Wefugees Community!

In your case, as you are married since more than 3 years to an EU-citizen and live in Germany with your wife since more than one year, you may be entitled to get an independent residence permit after your divorce (See: Section 3 (5) EU/freedom of movement and this brochure in German/p. 22).

To check the requirements in detail, it could make sense to see a lawyer or a good migration counseling office for legal advice.

I hope this helps and please feel free to get back to us with any further questions.

All the best,

Meike

Comments

Thank you so much for briefly reply Meike ,
And I have another question that she is leaving a Germany and going back to her country and she saying I’m gonna apply divorce in my own country so my question is will it effect me in anyway ?? Should I inform myself to authority ?? Or should I apply divorce here before she leave the country ?? And can you please send me the link again with law reference because I couldn’t find the right answer or can you copy paste the law paragraph with reference please cox all I can see a resident permit picture in page 22
I will wait for your reply
Many thanks