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Hello ladies and gentlemen

I am Married since 2021 with a German Nationality holder and now I have Niederlassungserlaubnis.

Now a days we have stress and problems with our relationship and my husband wants to divorce me, and he says he can deport me I am very worried about my situation

I says him you can’t because I have know Niederlassungserlaubnis but he Threats me every single day.

When I applied my  Niederlassungserlaubnis at that time  Ausländerbehörde also Explanation this to me,

(I was also informed that the residence permit granted to me can be subsequently shortened if an essential prerequisite for its granting no longer applies, in particular if the family relationship with my spouse or child no longer exists.)

Now I have a question what is legal advice for me can he deport me after divorced.??

Because essential prerequisite for its granting no longer applies, in particular if the family relationship with my spouse no longer exists.

Thanks advance for your help and support
asked Aug 18, 2024 in Legal advice by Lover | 1,376 views

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1 Answer

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Best answer

Hi @Lovely34

Your Niederlassungserlabnis cannot be withdrawn for the reasons you describe. If you separate or divorce your husband, you will not lose your Niederlassungserlaubnis. Your husband’s claim to be able to deport you is untrue.

You refer to this information:

I was also informed that the residence permit granted to me can be subsequently shortened if an essential prerequisite for its granting no longer applies, in particular if the family relationship with my spouse or child no longer exists.

This is not correct in your situation. There may be some confusion due to the language or terms used for permits. A residence permit (Aufenthaltserlaubnis) is issued for a certain amount of time. A residence permit can indeed be shortened if the original requirement for granting it no longer applies.

You have what is often called in English a ‘settlement permit’ (Niederlassungserlaubnis). It is unlimited and cannot become invalid or shortened if the reason for granting it no longer applies.

Another example would be a person who received a Niederlassungserlaubnis for work reasons. If they at a later point lose their job and have to receive state benefits, they also keep their Niederlassungserlaubnis.

There are certain specific cases where a person can lose their Niederlassungserlaubnis. Some examples are if a person provided false information in getting their residence permit or Niederlassungserlaubnis, if a person has their refugee status revoked, or if a person stays more than 6 months outside Germany.

Your immigration status is secure and your husband cannot change this.

Best,

Éanna

answered Aug 19, 2024 by mbeon-Éanna
Thanks a lot for your response it’s really helpful to me,
once again i wants to say
Thank you from the bottom of my heart
You're welcome!
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