811 views
Good evening Please I need your legal advice. I have been married to a German for 3 years plus but I have been living in Germany for 15 months. And we just got separated.  

Not I have a full time job whis is is a parmenent Contract. "unbefristet" and I am learning German I am in the Modul 3 which is A2.1.

Note: I recently moved into a women's shelter due to the emotional and verbal abuse this man has put me through.

Please I would like to know what my options are with the immigration.

Since my work contract is unlimited, would I be allowed to switch to a work permit?
Note i haven't yet informed the immigration office or received any letter as we only separated a week ago. Do i have to inform them or wait aswell?

Thanks
asked Jul 29, 2024 in Legal advice by Pinkish | 811 views

Please log in or register to answer this question.

1 Answer

0 votes

Hi @Pinkish

Firstly, we cannot provide legal advice on this forum. We provide information on questions about immigration law and other topics but this is different to legal advice. For that you would need to consult a lawyer.

Whether your work contract is temporary or permanent is less important than what kind of job it is. If it is a qualified position and you have a qualification, then you can switch from a permit for family reasons to one for work reasons. There are some exceptions to the qualified work requirement, notably for people from Western Balkan countries and nationals of the USA, Canada, Australia, Israel, UK and New Zealand.

There has also been a range of new laws passed to enable foreigners more access to the German labour market which may benefit your situation. Here is a good overview of them:

 https://***.make-it-in-germany.***/en/visa-residence/skilled-immigration-act

Alternatively, you can apply for a residence permit independent of your spouse. This is according to paragraph 31 of the immigration law (Aufenthaltsgesetz):

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__31.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Usually this is only possible if you have been living married in Germany for three years. However, in cases of domestic violence a person can receive this permit if they have been married in Germany for less than three years. This is mentioned in section 2 of the law I linked. A person does not need to be working or speak German in order to get this permit.

You have to inform the immigration office that you have separated. When doing so, it is important you provide a good account of your right to continue living in Germany, either due to your work or as a person who experienced domestic violence.

The women’s shelter will have social workers who can either assist directly with this or put you in touch with specialised services in your area who can assist.

Best,

Éanna

answered Aug 1, 2024 by mbeon-Éanna
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
5,534 questions
6,578 answers
8,390 comments
139,729 users