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My wife received a permanent  job offer from German company. so, I (32) moved to Germany from Non EU country on Spouse Bluecard for 6 months and then we both got extension till Jan 2021. Now, she want to live separate life without me.She don't want me to be her dependent and forcing me to go back to home country, which I am not interested. Myself recently signed a contract (Warehouse job) till July 2020 and earning around 1000 - 1200 Euros/month after all taxes paid. My Education: I am doing my Distance BSc Computers in my home country and i am going to attend my final year exams in June 2020 and all the documents will be in hand by Sep - Oct 2020.

What are the possibilities to get independent visa to live in Germany ? 

asked Dec 26, 2019 in Legal advice by Uma07

Dear @Uma07

Welcome to the Wefugees community and sorry for the rather late reply. 

Unfortunately, I’m not too familiar with the EU-Blue card regulations. But I will link some of our experts here, maybe they can provide more information. 

Dear @alla_fka, @mbe-on_Zsigó or @mbeon-Ruth, you made some experience with similar scenarios? 

Best wishes, 

Meike

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1 Answer

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Hallo,

I presume, you have the residence permit after §30.1.3g Residence Act (AufenthG), exactly §30.1.3g - for the spouses of foreigners who have Blue Card EU.

The rules for the case of separation don't normally differ from other spouse residence permits. You must be married and live together for 3 years in Germany before separation, only then you have the right to obtain an independent residence permit and prolong it (§31.1.1 Residence Act). If you separate earlier, it is only possible to get this independent residence permit in so called hard cases (for example if violence is concerned or your interests are especially in danger). It is normally also a condition to obtain it that you earn your living fully and don't need any help from the state. But only this condition without a hard case can be not enough.

The Ausländerbehörde can possibly claim that you return to your country and ask for a job visum, because you can't easily change the aim of your residence inside Germany. You can check if you have a chance to obtain a visum for a special job you do now because you need an agreement of the Bundesarbeitsagentur. Sometimes it is the easiest option, but you better ask Ausländerbehörde to give you a so called "Vorabzustimmung" (preliminary confirmation that if you apply for a job visum in an embassy, the Ausländerbehörde will have nothing against it). With such a document it can be much quicker to get a visum.

If you want to stay without leaving Germany, you will perhaps need a lawyer. Anyway try to find a good councelling center or a good lawyer for migration questions in your area.
answered Jan 17 by Alla_fka
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