Erklärung ehrliche Lebensgemeinschaft

Question

me and my husband are married since 2018, last year 2023 we have a lot of problems and we decided that we will live separately, but still will try to fix our marriage so in the same house another tenant diet so I take that apartment because it was the same address so I didn’t have to myself in Rathaus , for some info, I currently have residence permit 25 abs 3 because we are gay and I got protection. This year, I want travel my country, because of my brothers marriage, so I decided to apply a resident permit behalf of my marriage, so I can travel back to my home country. I received an email from immigration office and they asked for the document signed,Erklärung ehrliche Lebensgemeinschaft. My is, is it normal if we apply that Raza, permit behalf on basis of a German spouse or or they have some information about the new apartment that I rented again the house has five apartments two of them we own so technically it’s the same address. I have done nothing except made a contract. My question is is it normal to ask for that document to be signed there, in doubt that we’re not together ? In my Circumstances, should I sign it and send it to immigration office, but backfire on me? I’m working full-time on very good salary,  any suggestions would be highly appreciated. Thank you,

Answer 1

Hi @Kevinreed00131

You do not have a new address but you have a new apartment. You are obliged to register this new apartment with the Rathaus within two weeks of moving in. The basis is paragraph 17, section one of the law on registering:

https://***-gesetze--im--internet-de.translate.goog/bmg/__17.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

You also need to inform the Ausländerbehörde of this (it may be that the registration office at the Rathaus where you live shares this information with them automatically).

It is normal to sign the declaration together.

The declaration has information on it about the consequences of proving false information. You need to be aware of these consequences.

In order to receive a permit as a spouse, it is not absolutely necessary that you live in the same apartment. It is necessary that you live in a marital partnership. Most commonly, this is proven by the couple living together.

There are, however, circumstances where a couple may be living in a marital partnership but not living at the same address. For example, if a person is required for work reasons to live elsewhere. Or if both persons work from home, require sufficient space for this and cannot find a suitable apartment for them together so have one each. In such cases, people can also receive a permit as a spouse. However, their situation will be examined more closely. You will have to provide credible reasons why you do not share an apartment.

You will also have to provide detailed proof of the other ways that you live in a marital partnership. You have to still run a joint household even with two apartments, i.e. share expenses, perhaps a shared bank account. You may be required to provide proof of time together, e.g. holiday together.

If you cannot provide this, then you can **** at changing from permit 25, 3 to another type. If you are working in a qualified poisiton and have a qualification, then the permits 18a or 18b could be an option for you.

Best,

Éanna