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Hello, i take divorce from my EU wife after 4 years and untill now i have same visa (family member of union citizen) valid till jan 2022 and i want to bring my wife from india, it is possible to bring her on this visa or first i have to apply for independent visa,please let me know asap thank you
asked Dec 12, 2020 in Legal advice by Harwinder singh

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Dear Harwinder singh,

Welcome to the Wefugees Community and thank you for your question.

I never came across a similar case, but I am pretty sure that you can not bring your new wife as long as you are still holding the residence permit as spouse of an EU citizen related to your divorced wife. At the latest when your resident permit expires, the immigration office will understand that you are not married to the EU citizen anymore and will not issue the document respectively. In general, the EU/freedom of movement law is mentioning a possibility to obtain an independent residence permit after a divorce. It says in Section 3 (5) "Dependants":

(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.

However, I am not sure, if this independent residence permit will allow you to apply for another family reunification. In any case, please keep in mind that the subsequent immigration of spouses is in general connected to a number of requirements, as secured livelihood/income, accomodation, German skills (of the spouse) etc. You will find the details in section 30 of the German Residence Act.

I will link two of our experts here as well. Dear @alla_fka or @mbeon-fardeen, can you give any advice and please correct me, if my explanations were not relevant or applicable here.

All the best,

Meike

answered Dec 18, 2020 by Meike
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