Sepration or divorce

Question

Hi Wefugeea Team,
I want to share my case with you for legal opinion and suggestions. I got married in 27.01.2016 in cyprus with my romanian wife.after marriage cyprus authorities issued me a residence permit for 5 year.
After corona we decided to move in germany,and we moved in 01.09.2020 in Germany, and german authorities also issued me a residence permit in 27.11.2020. I am working regular since we came in germany as a full time.but now we realize that it is too difficult to live together and I am tired of the daily fight so last week my wife left the apartment and went to back romania. So please suggest me that what will be my status here in germany and can i apply other title of residence permit.and if yes what will be requirements for that.
Thanks

Answer 1

Hi @Raoirfan

If you are working (either as an employee or self-employed), then you are entitled to a residence permit independent of your wife.

The law that covers residency rights for EU citizens and their family members in Germany is called the Freizügigkeitsgesetz. Paragraph 3, section 4 covers the rights of the husband or wife if the EU citizen they are married to leaves Germany. Here you can read it via online translation:

https://***-gesetze--im--internet-de.translate.goog/freiz_gg_eu_2004/__3.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

The requirements it refers to is about having to work. You can additional support from, for example, the Jobcenter (Bürgergeld) or the Sozialamt (Wohngeld) but you do need to be working. You need to apply for a new permit on the basis of this law with your local Ausländerbehörde.

After 5 years in Germany fulfilling the working condition, you are entitled to permanent EU residency.

Best,

Éanna