I am from New Zealand,
I have been married to a German woman for 5 years, we have both lived in Germany all this time.
I am self employed and make good money.

I have not been able to get a B1 in German language test to upgrade to a permanent residence permit, therefore i still only have my aufenthaltstitel.

My question is, will i be able to stay in Germany after the seperation?

I have read about an "independent right of residence" permit, but i have been told this is only going to last for one year, what happens after that one year? - can it be extended if i can support myself financially?

Thank you.

asked Oct 18, 2021 in Legal advice by GRL
Note - My self employed work is not "skilled work"
Hello good day I’m not some expert but according to my knowledge you must be married 3 years and lived 2 years legally in Germany and after that if you are separate you can already have your independent resident permit even you don’t make b1 still you are able to live by your self and plus to be married with German national you are eligible to apply for permanent or nationality right away after 3 years in marriage if you fulfill all other requirements so as you said you are already married 5 years and lived together you just need to contact auslanderbehorde  and get your resident Permit and I don’t think so that it will be 1 year resident permit plus it can be extended how long g you wish to live in Germany because you already spend the time to stay here forever if you alone will want I hope this can help you still more experienced peoples will answer you
Good day

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1 Answer

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Dear @GRL,

thank you for sharing your question with the Wefugees Community.

If you have been married for a minimum of 3 years and then you have separated, you will get a residence permit for a minimum of one year. Similarly, after that your residence permit will be annually extended. From the second year they will ask you about your work and if you can find your subsistence by yourself in Germany.

So in your case, as you have mentioned, you were married for 5 years with your wife, you are on the safe side. That is also very good that you are working. As soon as you also get your B1 German language certificate and complete the other requirements for a permanent residence in Germany, you can then apply for it and get it.

Here is also a link about it in English: https://se-legal.de/residence-permit-non-eu-citizens-after-divorce/?lang=en

I hope my answer was useful for you and I'll be very pleased if you contact me again with further questions. I'm a member of the MBEON-staff and I‘ll be glad to guide you over a longer period of time. Mbeon is an online consultancy for migrants via the mbeon-app, which you can install on your smartphone for free. Download it via App Store or Google Play Store. You'll find me In the mbeon-app under my name „München, Herr Noori“ and get confidential one-to-one advice in a safe virtual room where nobody can wiretap messages. Further information: www.mbeon.de.

Best Wishes

Fardeen Noori

answered Oct 29, 2021 by mbeon-fardeen
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