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Good day, it’s been 3 months since i applied for Einbürgerung but for the past few days i have been having serious issues with my German spouse to the point that i got kicked out of the house… My Question is if we eventually get a divorce which i hope not; would it affect my application in a very negative way?
asked Oct 12, 2024 in Legal advice by Flint | 884 views

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Hi @Flint

It is not just a divorce that affects the right to citizenship but also separation. If you have separated from your spouse, you are no longer entitled to German citizenship as the spouse of a German. You can see this on page 30 of this brochure about citizenship published by the German government:

https://***.publikationen-bundesregierung.de/resource/blob/2277604/2292198/0ba5e56bb39451fbe89b1e37d4db753c/broschuere-einbuergerung-englisch-06-2024-download-ib-data.pdf?download=1

 You can also **** at this article by a lawyer (in English via online translation):

https://***-anwalt-de.translate.goog/rechtstipps/scheidung-oder-trennung-waehrend-des-einbuergerungsverfahrens-222080.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

You may still have to right to citizenship already independent of your spouse. It is possible after 3 years of residency if a person speaks C1 level of German and is particularly well integrated. In other case, you need to have been resident in Germany for five years. If you are separated/divorced, then this will affect also the calculations by the authorities to see whether you are financially self-sufficient (as referenced in the article by the lawyer above). You may be required to pay alimony to your former partner during the separation and/or after a divorce, or vice versa depending on each of your financial situations.

Best,

Éanna

answered Oct 18, 2024 by mbeon-Éanna
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