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Will I be deported from Germany if my marriage is not upto 3 years? I have 1 year resident permit(Fictionbwacheinigung), I am working(with permanent work contract) I have been married to a German now for 1 year not upto 3 years. We are separated awaiting divorce. I have just received a letter from the state I have 3 weeks to Appeal or leave Germany.

Please I need advice on what to do. Thank you
asked Oct 30 in Legal advice by Marghind40p

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1 Answer

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Dear @Marghind40p,

Thank you for reaching out to the wefugees-community!

Unfortunately it is true that you can only gain an independent residence permit as spouse after three years of marriage (§ 31 Abs. 1 AufenthG). There are only some limited cases in which the three year rule does not apply e.g. in cases of extraordinary hardship (physical or psychological abuse) in which staying in the marriage cannot be expected of the individual as it would be a threat to their own life. Not knowing the specifics of your situation I would guess that a residence permit based on your marriage might not be possible now.

However you could check if there is any other residence permit that applies to you for example work as a "qualified worker" according to § 18 AufenthG or if there are obstacles to your deportation that require you to stay in Germany. I would advise you to seek legal counsel with a lawyer or a specialized office for refugees in your area fast to help you with the appeal and the steps outlined above, as there is not a lot of time left.

I hope my answers were helpful and I would be very happy if you would contact me again with further questions. I'm a consultant with mbeon and I‘ll be glad to help you over a longer period of time. Mbeon is an online advice for migrants via the mbeon app, which you can install on your smartphone for free. Download it from App Store or Google Play Store. You can find me under my name “Frau Rukundo” in the mbeon app and get confidential individual advice in a secure virtual space without other people reading our conversation. Further information: www.mbeon.de.

Best regards,

your mbeon-Rukundo

answered Nov 6 by Mbeon-Rukundo
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