Breaking free

Hello TiG community,

I've chosen the 'Life' category because my question has multiple parts to it and in a broad sense has everything to do with life. :-)

My situation is:

1. I'm married to a German citizen and have been a permanent resident of Germany since 2007. Since 2013, my resident permanent is "unbrefristet".

2. Except for a couple of occasions, I have work in Germany as a freelancer/self-employed/small business owner. My current income is insufficient to live off.

3. I am currently living with my husband who has been on sick leave for 12 months. He is currently seeking employment but officially is being paid through the health insurance system. He had cancer a couple of years ago and although he returned to work, he struggled to adapt. Because of my low income I am also a beneficiary of his health insurance.

4. 3 years ago I started a new business venture, which has struggled to gain momentum. Because I have been self-employed for many years, it is very difficult to get a job within the Germany job-market.

5. I would like to become fully independent of my husband and eventually separate.

What I need help with:

What are my legal rights in relation to leaving my husband? For example, to obtain my visa, my husband signed forms accepting responsibility for me financially. Does this mean I can not get any assistance from the German government or any other group? Assistance can also mean help in finding suitable employment, or re-education so I can be more employable, or, support for small-business owners? Can I get support in an interim situation, example, housing etc?

Do I need to reapply for residency after we separate? I've been very hesitant to approach the Auslandsamt because I was concerned I would have to provide too much information about myself and situation before I knew enough. I am incredibly grateful I have found this site and hope you are able to help. Or send me in the right direction.

Many thanks in advance.

5 Comments

Reply (5)

Barbara Stasiak_Community Manager

Updated:

Hello @Máire , Your situation is complex. It is understandable that you have concerns about your legal rights and options. If you have the Daueraufenthaltskarte or Niederlassungserlaubnis, the information in this chapter may be useful for you: https://handbookgermany.de/en/independent-residence-title-spouses. I recommend that you seek out a migration specialist for further assistance: https://bamf-navi.bamf.de/de/Themen/Migrationsberatung/. You can also email https://www.verband-binationaler.de/kontakt. Although your husband may have signed forms accepting financial responsibility for you, you can still seek assistance from the German government or other organizations. If you are facing challenging circumstances, such as unemployment or running a small business, government programs may be available to provide support. These programs can offer assistance with finding suitable employment or vocational training. If you are registered with Agentur für Arbeit, speak to your Arbeitsvermittler to explore your options. If you have any further questions, please let me know. Best Barbara

Máire

Hi Barbara, Many thanks for your response. I do have a couple of additional thoughts. Would I need to leave my husband first before approaching the relevant organisations or is it possible to have an exploratory conversation with them first? For example, would they assist in finding somewhere to live before I leave or would I need to have left before getting the support? Signing a mietvertrag etc is not something I would be able to do without someone's assistance as I do not have my own income. But until I have my own apartment, I can't see how I can start again. I hope that makes sense and again, many thanks.

Barbara Stasiak_Community Manager

@Máire I suggest that you make initial contact with the organizations without leaving your husband first. You can contact these organizations to discuss your situation and inquire about the assistance they can provide. They may be able to advise you on your housing options, including assistance in finding suitable housing and navigating the rental process.

Barbara Stasiak_Community Manager

Hey @Máire , 17 April 2024, online: How to find a job in Germany https://www.make-it-in-germany.com/en/service/webinars it might be interesting for you. Best, Barbara

Máire

Many thanks barbara.

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