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Hello everyone!!

Once again I am here with a problem

I have a question when I’m Divorces by my husband after getting (Niederlassungserlaubnis) can I apply Deutsch Pass(Einbürgerung) after or during Divorce Proceedings or I’m not eligible for the application after Divorce or during proceedings

I heard when I get Divorced then I can’t eligible for Einbürgerung ) because main applicant(hauptantragSteller) must signature on my passport application

This I heard by ( Migrando) when I was divorced then I can’t eligible for citizenship because (hauptantragSteller) is no more and maybe they send me back to my Homeland

I am very worried about my future.

Please help me I my condition thanks in advance
asked Jan 14 in Legal advice by Lover | 481 views

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1 Answer

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Hi @Lover

As I understand you have permanent residency (Niederlassungserlaubnis) and wish to get German citizenship (Einbürgerung) while possibly separating/divorcing from your husband. You have applied for the Einbürgerung together.  I see two possible situations:

1. If you are still married, then you can do the Einbürgerung as a couple. The advantage here is if one person does not yet fulfil the requirement of 5 years legal residency in Germany. E.g. if your husband is living in Germany for the past 6 years but you joined him only three years ago, then you can still get German citizenship by making an application together.

2. If you are no longer married, then you have to make a separate citizenship application. You must yourself fulfil all the requirements. They will also **** at the financial situation between you and your ex-husband. During the separation process, there is a year’s wait called a ‘Trennungsjahr’. In this time, one of you may be required to pay financial support called ‘Trennungsunterhalt’ depending on your respective income. This will also be assessed in the final divorce proceedings and one of you may be obliged to pay this ‘Unterhalt’ support for a certain amount of time after the divorce. The Ausländerbehörde will take that into account when assessing whether you are financially secure.

The other information you received is incorrect. If you do not at present fulfil all the requirements for the Einbürgerung, you will remain with the Niederlassungserlaubnis. A person can lose their Niederlassungserlaubnis but only in very specific circumstances, such as staying outside of Germany for too long. A person does not lose their Niederlassungserlaubnis because they get divorced.

Best,

Éanna

answered 6 days ago by mbeon-Éanna
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