My EU wife and I have been legally married for 4 years now. We live together here in Germany. We have lived together here in Germany for almost 4 years now. it’s been more than 3 years since my family member of an EU citizen residence permit card was issued to me. I have been working all this while and I currently have a permanent work contract in my place of work. It’s time for me to renew my residence permit, the foreign office ask me to come with the passport of my wife to the appointment. My wife is refusing to give them to me because we are both not in good terms right now. She wants divorce. My question is, we the foreign office renew my residence without my wife passport identity? I have to go to the appointment without her or her passport identity. Will the foreign office renew my residence without her or her passport?


asked Aug 14 in Legal advice by colins

Dear @collins, welcome back to Wefugees and thanks for reaching out to us again. I will link our experts here @mbeon-Christine, @mbeon-Ruth and @mbeon-Gabriele here, maybe they can have a look at your question and help you with an answer. Kind regards, Julia

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1 Answer

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Hello Colins,
How nice that you have turned to WeFugees with your question.
In the first three years of your marriage, your stay here in Germany is tied to your wife or your marriage. After that, you can apply for a "separate" residence title (§31 Residence Act) or also a so-called settlement permit (permanent residence). This means that even if you and your wife separate, you can still apply for a residence title. The following conditions must be met.
The following requirements apply for the settlement permit:
1. you are a family member of a German and have had a residence permit as a family member for three years.
2. you have been living in a family partnership with a German for at least three years.
3. there is no interest in deportation (e.g. if you have committed a criminal offence).
4. you have sufficient language skills (B1 language certificate).
Furthermore, you need the following documents
1. tenancy agreement
2. proof of own earnings (employment contract and pay slips)
3. proof of active health insurance
4. valid national passport
5. a recent biometric passport photo
You must apply in person at your local foreigners authority. The fees for a settlement permit are € 113.00.
A copy of your wife's identity card is not necessary in this situation. Explain to the Foreign Registration Office that you are likely to separate. If the points described above are in agreement with you, you fulfil the requirements to get your own residence title - independent of your wife.
I wish you all the best.

answered Aug 15 by mbeon-Gabriele
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