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We've married in Denmark and moved to Germany in 2016. We have a 4 y/o and I want to divorce him, but he threatens me with sending me back to my home country. I don't know what to do. Can I still stay in Germany with my child? I need help please I'm alone without family and friends here I'm desperate.
asked Dec 1, 2020 in Legal advice by SadWoman

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@sadwoman, yes u can stay here when u divorce him as long as u have a child together. Ur right to d child will giving to u in court during divorce.. no panic at all.....
answered Dec 1, 2020 by Obumkelly79
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Dear @SadWoman,

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

First of all, I am very sorry to hear about your difficult situation. I would highly recommend you to contact a (migration) counselling office where you will find (free of charge and confidential) support in many different fields and topics. Please feel free to share your approximate location and I am happy to make some research for contact details of respective offices. 

Regarding your residence in Germany, the section 3 of the Act on the General Freedom of Movement for EU Citizens is the law to look at. I copied the text here:

Section 3 - Dependants

(1) Dependants of the EU citizens specified in Section 2 (2), nos. 1 to 5 shall possess the entitlement pursuant to Section 2 (1) if they accompany the EU citizen or subsequently immigrate to the federal territory to join the EU citizen. For dependants of the EU citizens specified in Section 2 (2), no. 5 this entitlement shall apply subject to the conditions stipulated in Section 4.

(2) Dependants are

1.  the spouse, the partner in life and relatives in the direct descending line of the persons specified in Section 2 (2), nos. 1 to 5 and 7 or of the spouse or partner in life who are under 21 years of age,

2.  relatives in the direct ascending and direct descending line of the persons specified in Section 2 (2), nos. 1 to 5 and 7 or of the spouse or partner in life, for whom these persons or their spouses or partners in life provide maintenance.

(3) Dependants who are not EU citizens shall acquire the right of residence upon the death of the EU citizen if they fulfil the conditions pursuant to Section 2 (2), nos. 1 to 3 or no. 5 and resided in the federal territory as dependants of the EU citizen for at least one year prior to the death of the EU citizen. Sections 3 (1) and Sections 6 and 7 shall not apply to persons pursuant to the first sentence; in these cases, the Residence Act shall apply.

(4) The children of an EU citizen who is entitled to freedom of movement and the parent who actually exercises parental custody of the children shall retain their right of residence following the death of the EU citizen or if the EU citizen leaves the federal territory until the children complete their education, provided the children reside in the federal territory and attend an educational establishment.

(5) Spouses or partners in life who are not EU citizens shall retain their right of residence following divorce or the annulment of their marriage or partnership if they meet the conditions applicable to EU citizens pursuant to Section 2 (2), nos. 1 to 3 or no. 5 and if

1.  the marriage or partnership existed for at least three years prior to the start of divorce or annulment proceedings, including at least one year in the federal territory,

2.  they have been allocated parental custody of the EU citizen’s children by virtue of an agreement between the spouses or partners by a court ruling,

3.  such retention is necessary in order to avoid special hardship, in particular because the spouse or partner in life cannot be expected to continue the marriage or partnership due to the infringement of his legitimate interests, or

4.  they have been granted the right of access to the minor child in the federal territory only, by virtue of an agreement between the spouses or partners in life or by a court ruling.

Section 3 (1) and (2) and Sections 6 and 7 shall not apply to persons pursuant to the first sentence; in these cases, the Residence Act shall apply.

(6) (repealed)

If you marriage lastet for at least 3 years and you lived in Germany together for at least one year, there is definetely a chance to get an independent residence permit. As I mentioned earlier, please check your individual conditions with a lawyer or prior maybe at a migration counselling office. I am sure there will be a solution - your (still) husband has no right to threaten you!

Please also don't hesitate to get back to us with any further questions or if any clarification is needed.

All the best,

Meike

answered Dec 5, 2020 by Meike
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