Hi there,
I'm a non-EU citizen married to another non-EU citizen. We came in Germany 1.5 years ago, have been married in total 6. My partner holds the IT specialist residence permit and I hold the residence permit for family reunification. I'm working full time for 1 year.
Our residence permits are valid until 2026.
I would like to clarify my options in case of separation/divorce. From what I could find online, I would be eligible to apply for an independent residence permit if we've stayed together in Germany for 3 years, which is not our case. Is there an option to switch the residence permit because I am working full time? I'm not working in one of the shortage professions but I do have a bachelor degree that's recognized in Germany.
Thanks in advance for any reply!
Hi user1 , thank you for your question. I understand your concern about your residency status in Germany, especially in the event of separation or divorce. You are correct that you can apply for an independent residence permit if you have lived together in Germany for three years. However, if you and your spouse have separated, you are no longer entitled to a residence permit for family reunification, and the permit will be revoked: https://handbookgermany.de/en/independent-residence-title-spouses
Please check to see if any of these options apply to you: https://handbookgermany.de/en/independent-residence-title-spouses#faq_2…
I suggest to contact an immigration consultation center: https://bamf-navi.bamf.de/de/Themen/Migrationsberatung/, or a lawyer. If you choose to contact a lawyer, you will have to pay for their services.
If you have any other questions after reading the links, please let me know. Best Barbara