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I got married 2019 and my permit was issued 2021

We have been living together for 4 years now but she wants a divorce.

My question is how does Landratsamt calculate marriage does it start from the day of the marriage or when residence permit is issue because my permit was issued late , I am just holding 2 years permit

I need an urgent answer please
asked May 3, 2023 in Legal advice by Nwa d | 164 views

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1 Answer

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Dear Sir

As far as I understand it, you are referring with your question to the duration for an independent individual residence permit after divorce according to 31 para. 1 AufenthG. It is my understanding that the relevant period of three years is in principle calculated from the date of marriage. This means that in order to obtain such an individual residence permit, you must - as a minimum requirement - have been married for more than three years and have lived together in Germany for more than three years.

Please note that apparently only the time during which you and your wife have legally resided in Germany is taken into account for the calculation of this time. This is generally only the case with a residence title or a fiction of residence.

However, the above statements are based on online research. For more detailed information, I advise you to consult a lawyer who specialises in such matters.

Nevertheless, I hope you consider this answer helpful.

Kind regards!
answered May 3, 2023 by Tjorben
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