Can I open a divorce procedure without residence permit?

Question

Hallo,

 l come here with a bleeding heart to find solution. I am an asylum seeker with no duldung and holding Aufenthaltsgestattung. l got married few months ago to  an EU resident from Norway. When l submitted the marriage documents to Standesamt a few days later l received a rejection. l haven't applied for residence permit yet at Ausländerbehorde. l am waiting on my husband to come to Germany and register his address etc. l am receiving support from Socialamt. My husband has changed and he is showing me his true colours, he is making stories and he is still in Norway.

1. Is there a way l can open a Divorce case even tho l haven't applied for residence permit?

2. Will l be deported? l am confused. My husband is abusing me emotionally and he knows without the remaining paperwork from him l won't be able to apply for at Ausländerbehorde.

Thank you, Ami

Answer 1

Dear @Ami,

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

I am sorry to hear that you find yourself in such a difficult situation. About the divorce procedure in Germany, please see this thread on our platform, for instance. If you are getting divorced in a third country, you may need to register the divorce with the German authorities as they might not recognise it otherwise. This would most probably not apply if you are officially getting divorced in another EU country. As Norway is not an EU country though, I am not sure how the procedure would **** like. I would highly recommend you to get in contact with a women or migration counselling office. They can support you with your legal questions but also in a psychosocial way. Please let us know if you need help in finding one in your region.

Regarding your second question: As fas as I understand, you are still in the asylum procedure, as you mentioned your Aufenthaltsgestattung. During a pending asylum procedure you can not get deported. In case the BAMF is not deciding in a positive way on your application, there might be other options for you to apply for a residence permit in Germany (independent from your husband). But this really depends on so many factors and circumstances and should also be discussed on an individual basis - for instance in an earlier mentioned counselling office.

I hope this helps for now and please don't hesiatate to get back to us with further questions.

All the best,

Meike 

Comments

Hallo Meike,

Thank you for the reply. I got rejection letter from BAMF automatically after l registered at Standesamt that  l was getting married. (meaning the rejection letter came after my marriage process before l received the wedding date) l was told l had 30 days to leave the country and my lawyer did an appeal and unto now no answer from BAMF. You mention l can apply a residence permit independently how and what about the divorce? I am emotionally drained and yes l need help with migration counselling . l am in Niedersachsen

---

please share info if the country is under EU as l have a friend in a similar situation as mine the husband is from Sweden and she is from Kenya. How does she file divorce and can she apply to a residence permit individually?

Answer 2

Very sorry to hear about your predicament..i can imagine how you are feeling. I guess the best way is to apply for an ausbildung. That way even if your results come back from court they can't send you back... They usually give 3 years asbuildung duldung.. All the best and i really hope you guys can sort out your issues..

Comments

Hallo ZM, thank you. l got a job offer few days ago l don't know if its possible for an asylum seeker to apply for residence permit / work permit  whilst l process my divorce.

Answer 3

Hallo ami am not a legal expert but i do. Not think its possible that a work contract can give u residency permit /work permit.. Sure bet is either marriage or baby... I have a few friends whoes job permission was taken away by them by the auslenderbehorder with time and so now the work (black) the best is ausbildung its also a sure bet that you can stay irregardless of the outcome of the court...