renewal of the residence permit Germany. non EU citizen married to EU citizen

Question

Man from Ghana married to Greek.Has a permit through her as a family member of a EUcitizen (aufenthaltskarte)  .Registered the marriage in germany in 2018. Married still , getting divorced soon. The card is expiring next month. no b1 , working since december 2017 till now. She never worked in germany . They have 2 kids. She wants to move back to her country .

Is he going  to have problems renewing his permit ?

Answer 1

Hi @Kox

I do not understand how he can have been issued with a residence permit if his wife, the EU citizen, never worked in Germany. The main requirement for non-EU spouses to receive a permit is that the EU citizen to be working or have worked in the past. There are special rules according to articles 20 and 21 of an agreement called the AEUV for couples with children but those permits are for very specific cases.

I assume the card was issued in 2018 for 5 years and is now expiring. Once he has been working for 5 years as a member of an EU citizen he has permanent residency in Germany. He needs to request the confirmation of this from the Ausländerbehörde once the 5 years have passed and be issued with a ‘Daueraufenthaltskarte’. This status is different to the standard types of permanent residence (Niederlassungserlaubnis or Daueraufenthalt-EU). However, as I explained above, this status is usually after the EU citizen has also been working during the time. He needs to clarify how he was entitled to a permit if she was not working. Knowledge of the German language is not required.

If he is not entitled to permanent residency and she moves away, he is entitled to a new permit as long as he is working. For now, they are still married and still both resident in Germany. I therefore recommend he applies either for an extension of his current permit or the confirmation of his permanent residency as family member of an EU citizen.

Best,

Éanna

Comments

he came to germany in december 2017 to work and they told him that he cant unless his wife comes and makes anmeldung too.. to show that he  didnt abandon her and for him to have right to work in germany she has to be here too.. that was (2017-2018 ) he got a 1 yr permit  and then they renewed for 5 yrs. She had 2 pregnacies so she was not working. never got  money from jobcenter . only kindergeld. He was paying everything.  Now he will get a new permit but we don’t know what permit it is yet. maybe the same one or permanent due to EU citizen marriage. When  the marriage with the EU citizen is over and she moves back to Greece with the kids( still in EU) but he wants to stay and work in Germany and provide for his kids.. Is it possible ? or they will cancel  his permit and tell him to go back to Ghana ? And if yes. what can be done to prevent this from happening ? what other ways are there ? no degree no language certificate. onlly work.