Loss of Permanent Residence Permit

waslos • 11 January 2024

1 like

Hello there,
I am married with an EU citizen and living in Germany together since 2017 and In 2022 November I got a permanent residence card (Daueraufenthaltskarte) - type of permit: EU-Familien Angehöriger Art 20 RL 2004/38/EG.
My question is if we divorce, will I lose my permanent residence since the type of permit is "EU-Familien Angehöriger".
Thanks in advance

Kategorie

Permanent residence

Answers (4)

Moderation

Yara _Community Manager • 8 months ago

Hello waslos, Thank you for your question. As you mentioned you received the Daueraufenhaltskarte, this is a so called a “eigenständiges Daueraufenthaltsrecht” so an independent right of permanent residence. If you have received that according to 4a FreizugG/EU you do not have to worry about losing your residency after a divorce.

If you have any further questions, please do not hesitate to contact us.
Best wishes

waslos • 8 months ago

Thank you for your answer, as I told you it is written "type of permit: EU-Familien Angehöriger Art 20 RL 2004/38/EG." so somenone told me in case of divorce I might lose it due to its type.

Moderation

Yara _Community Manager • 8 months ago

Hi waslos, No, as far as I have researched you will not loose your residency because you have lived with your spouse in Germany over 5 years and you are currently working. You should have a right to a so called “eigenständiges Daueraufenthaltsrecht”. If you are still unsure, I can recommend you seek out migration specialized in this. You can for example e-mail https://www.verband-binationaler.de/beratung.
They are specialized in these questions.

Moderation

Seoyoung _Community Management Support • 4 months ago

Hello waslos,

I wanted to check in with you and see if you've found clarity about your situation. Have you received a migration consultation?

best wishes

Seoyoung