Independent right to reside

If you have a residence permit for one of the following reasons and the family relationship no longer exists, you may be able to obtain a residence permit in the context of an independent right to reside.

Firstly, you would require one of the following valid residence permits:

• Family reunification with a German spouse (Section 28, para. 1, sentence 1, no. 1 AufenthG (German Residence Act)).
• Family reunification with a foreign spouse (Section 30, para. 1  AufenthG (German Residence Act))
• Family reunification as another family member (Section 36, para. 2 AufenthG (German Residence Act))

In addition, the family relationship must have existed legally in Germany for three years or your family member must have died while the family unit existed.

The required three-year marital relationship may be waived in exceptional cases (e.g. due to domestic violence).

The residence permit will be extended in the first year after the separation without you being required to cover your living expenses independently. Afterwards, you must be able to cover your living expenses without applying for public benefits.

Please bring the following with you…

If you wish to apply for a residence permit in the context of an independent right to reside, please bring the following documents with you (if we do not already have them):

• Your valid passport
• A current passport photo
• A completed application form
• Proof that you are able to cover your living expenses (e.g. Tenancy agreement, employment contract or salary statements)
• Proof of health insurance
• Fee: up to € 100.00

Further documents may be required in individual cases. If this applies to you, we will inform you accordingly.

Please note: An appointment is required for the granting and extension of the residence permit. Please send us an appointment request.

Period of validity

The residence permit in the context of an independent right to reside is initially granted to you for one year and then extended for a maximum of two years at a time.

Paid employment

Pursuing paid employment is permitted if you have been issued a residence permit in the context of an independent right to reside. This means that you can take up employment or become self-employed.

Settling down

The residence permit allows you to apply for a settlement permit (permanent residence permit) after a total of five years. Here, the periods under consideration include those of the family reunification and the periods of the independent right to reside. You can find further information on the page about the settlement permit.