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Me and my wife are going for seperation. We lived together in the same appartment for 2 years. But we married after one year of living. Do the living without marriage also counts in marriage time in the court or not? I am a non eu national and what can be the effects on my residence here in germany?
asked Sep 16 in Legal advice by Saadi131

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Dear @Saadi131,

Welcome to the Wefugees Community and thank you for reaching out to us.

Am I right, assuming that your wife is German and you are holding a residence permit according to §28 of the German Residence Act? In that case (also when holding a residence permit acc. to §29 and "30), there is a possibilty to get an independent residence permit (according to §31 of the German residence Act) after the divorce. However, one requirement of that independent legal status will be that the "marital cohabitation has lawfully existed in the federal territory for at least three years".

To discuss your individual situation in more detail, I would highly recommend you to consult a lawyer or to visit a migration counselling office (which offer their services free of charge).

However, please also don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Sep 18 by Meike
She is eu national not german. We are separating from this month. And we have lived 2 years together till now. Out of these two years one year was cohabitation without marriage. My three years count including seperation period of one year. Please tell me with this detail about permit of residence.

Dear @Saadi131

Thank you for the clarification. 

In that case, please also see this link (https://www.wefugees.de/806056/husband-citizen-independent-residence-permit-after-divorce) in which we discussed a very similar situation. I am afraid that you might not fulfill the required 3 years. But please discuss your situation (and potential alternative options for a residence permit) in more detail with a lawyer or a migration counselling expert. All the best, 

Meike

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