Here you can ask, answer and find questions surrounding the topic: arriving in Germany
My girlfriend(German) and I are currently living together, is it possible to get resident permit based on that?

I currently have a resident permit that’s only 2 months valid from a previous marriage(with a German woman) due to domestic violence on me and her making several debts on my name I had to leave her for my life, the marriage was only 1 year six month old. I have all the video evidence of her attacking me.

Is it possible to get resident permit on the basis my girlfriend and I are living together or is there anything else I can do ? Pls help
asked Jan 12 in Legal advice by Marghind40p

Please log in or register to answer this question.

1 Answer

0 votes

Dear @Marghind40p,

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

In the German residence law there is unfortunately no section referring to a possibility to receive a residence permit specifically for being an unmarried partner of a German cititzen. 

However, I remember that we discussed the independent right of residence for spouses already here in one of your last questions.

The section 31 of the German Residence Act states:

(2) The requirement stipulated in subsection (1) sentence 1 no. 1 for marital cohabitation to have existed lawfully for three years in the federal territory is to be waived if necessary to enable the spouse to continue his or her residence in order to avoid particular hardship, unless an extension of the foreigner’s temporary residence permit is not permitted. Particular hardship is deemed to apply especially if the marriage is not valid or has been suspended under German law because the spouse was a minor when he or she married, if the obligation to return to the country of origin resulting from the termination of marital cohabitation threatens to substantially harm the foreigner’s legitimate interests, or if continuing marital cohabitation is unreasonable due to the harm to the foreigner’s legitimate interests; in particular this is to be assumed if the spouse is the victim of domestic violence. Such legitimate interests also include the well-being of a child living with the spouse as part of a family unit. In order to avoid abuse, extension of the temporary residence permit may be denied if the spouse relies on benefits under Book Two or Book Twelve of the Social Code for reasons for which he or she is responsible.

You mentioned that you had to suffer a lot in your marriage. I am sure the procedure won't be easy, but maybe there is a chance to convince the authorities that the marriage was dangerous for you and that you just had to leave in order to protect yourself. In that case, you might have the chance to receive an independent residence permit as former spouse of a German citizen. However, I assume you will need a lawyer to support you in this. 

Depending on your personal situation, there might be other possibilities to get a residence as well. You may discuss your situation individually in a migration counselling office as well.

Am I right on this and/or is there anything you would like to add dear @manrhei-mbeon?

Please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Jan 15 by Meike
3,615 questions
4,343 answers
5,917 comments
135,511 users