Hi ,
My name is Yuk, I’m from Malaysia, I married a Dutch man, but we both living in Germany. Currently we are going to divorce soon. I don’t know if I can stay in Germany after divorce. I don’t speak good German, i don’t have friends and family members, I have one son who is 10 years old, and I’m unable to look for a immigration lawyer at my city, due to unable to speak German. I hope someone can help me out, I’m don’t know what to do anymore, very disappointed. @My Nguyen_Community Managerin
Best Regards,
Yuk
Hello nicolettechee85 thank you for reaching out. I am sorry to hear about your difficult situation.
You can apply for your own independent residence permit ("Eheunabhängiger Aufenthaltsrecht") after 3 years of marriage in Germany and your current residence permit is based on family reunion (§28, 29 or 30).
It is very recommended to find a lawyer who is not only specialized in divorces but also knows the law about residency. If you tell you where you are currently living, I can support you finding one who can speaks your preferred language.
Additionally, in case you share custody or are holding full-custody of your son and he has a valid German/EU residency, you can apply for family reunion as well. You can discuss different options with your future lawyer or a migration councelling center.
You can reach out to the association of bi-national partnerships and seek advice: https://www.verband-binationaler.de/beratung
You can also search this site for migration counselling center in your area: https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/
I am happy to support you in finding one in your area. Please let me also know if you have further questions.
Thank you so much for your reply, I’m living in Lobberich Nettetal. Best Regards, Yuk
Hello nicolettechee85 thank you for your patience.
I tried to find a migration counselling in your area. Unfortunately, the closest ones are still a bit farer away. That is why I reached out to the association of bi-national partnerships. The very nice lady told me that, since your husband is an EU citizen, there are slightly other duration of marriage necessary to be able to apply for an independent residency.
- All in all your marriage has to consists at least 3 years and one of them you should lived in Germany.
- Alternatively, if this doesn't applies to you and you want to apply for family reunion to your son, this possibility depends on you custody (shared or full).
The lady speaks english and is happy if you want to reach out to her via e-mail, describing your situation a bit more. They will get back to you to schedule an online-appointment with you.
Please send an e-mail to beratung@verband-binationaler.de
I hope this will help you! Please get back to me if you have further questions.