Residence permit expired out of Germany

Praf • 13 June 2023
1 comment


my ex-wife is a German Native Citizen,

we married once in India in 2016 & once in 2018 in Essen, Germany.

I came during covid in India to visit, during that period flights was cancelled n all

and my permit got expired.

i wanted to try to get RE-Entry visa, but Behind me she changed the flat & the address.

and now she took divorce on the basis that im abroad since 2020

is there any help? I can still enter Germany?

i have studied German there, did passwd Integration course with very good marks.

All wasted?


pls help or suggest something.


i will appreciate your valuable reply.




Residence permit

Answers (1)


Hello Praf,
thank you for reaching out. I am sorry to hear about your difficult situation. If I understand correctly, you were married to a German citizen, which meant that your residence title was based on family reunification. Together you lived in Germany from 2018 to 2020. You went back to India in 2020 and did not return to Germany ever since for the reasons mentioned above. Now your spouse wants to get divorced, you are still abroad but wants to return to Germany. Did I understand that correctly?
Generally, after a divorce, spouses are able to apply for their own "Independent right of residence for spouses (Eheunabhängiges Aufenthaltsrecht)" after 3 years of marriage, approved that both of you have resided in Germany. There are a few exceptions if the 3 years of marriage have not yet been fulfilled. Please find more information about that residence title, the exceptions and the requirements on our Handbook Germany website.
Please note, residence permit holders are allowed to travel abroad for 6 months within 12 months without losing their residence permit. This means that if you spend more than 6 months abroad, you are very likely to lose your residence permit, even if the card is/was still valid.
You can now apply for your own visa to return. Here you can find the different types of visa.
Your situation seems very complicated. It is very recommendable to reach out to a counseling centre or get legal advise to have a closer look at your situation and which way applies to you. In Germany, you can contact "Verband binationaler Familien und Partnerschaften", in case you have a child:
Please let me know in case something remains unclear.

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