Hamburg.com IASON page

Apply for a residence permit for spouses in the event of separation or divorce

If your marriage or registered partnership ends, you may have an independent right of residence.

  •  

Detailed description

If you are staying in Germany as part of the spouse reunification process, the existence of your marriage or registered civil partnership is the basis for your residence permit. If you separate, get divorced or your partner dies and you want to stay in Germany, you must apply for a residence permit on another basis.

 

Information

Prerequisites

  • You are a national of a country outside the European Union (EU) or the European Economic Area (EEA).
  • Your (marital) cohabitation has existed legally in the Federal Republic of Germany for at least three years or your partner died while the (marital) cohabitation existed in the Federal Republic of Germany.
  • You were in possession of a residence permit, settlement permit or permanent residence permit in the EU until your separation/divorce/death.
  • There is no interest in deporting you.
  • Your stay does not endanger or impair the interests of the Federal Republic of Germany.

Documents required

  • Valid passport or passport replacement
  • Current biometric passport photo
  • Proof of dissolution of the (marital) cohabitation
  • Current registration certificate

Please note

There are no special features.

Deadlines

No

Procedure

  • You make an appointment with the responsible authority.
  • You appear at the appointment and submit your application along with the necessary documents.
  • The responsible authority will examine your application and, if necessary, request any missing information or documents from you.
  • If your application is approved, the responsible authority will commission an external agency to produce your electronic residence permit (eAT card).
  • You will be informed when your eAT card is ready for collection. You must collect the eAT card in person.

Processing time

6 - 8 weeks

Fees

100,00 EUR




Under certain conditions, a fee reduction or fee exemption may be considered.




Additional fees may apply for issuing a residence permit in the form of an electronic residence permit (eAT card), which can also be used as electronic proof of identity.

Legal remedies

contradiction

Legal basis

§ 31 Residence Act

www.gesetze-im-internet.de/aufenthg_2004/__31.html

Find out your responsible facility

Angaben zur Zuständigkeit

Haven't found the right one yet?

To Hamburg Service startpage

Keywords: Family reunification divorce separation § 31 Residence Act (AufenthG)

Last updated: 16.01.2025