Loss of Permanent Residence Permit

Hello there,
I am married with an EU citizen and living in Germany together since 2017 and In 2022 November I got a permanent residence card (Daueraufenthaltskarte) - type of permit: EU-Familien Angehöriger Art 20 RL 2004/38/EG.
My question is if we divorce, will I lose my permanent residence since the type of permit is "EU-Familien Angehöriger".
Thanks in advance

4 Comments

Reply (4)

Yara_Community Manger

Updated:

Hello @waslos , Thank you for your question. As you mentioned you received the Daueraufenhaltskarte, this is a so called a “eigenständiges Daueraufenthaltsrecht” so an independent right of permanent residence. If you have received that according to 4a FreizugG/EU you do not have to worry about losing your residency after a divorce. If you have any further questions, please do not hesitate to contact us. Best wishes

waslos

Thank you for your answer, as I told you it is written "type of permit: EU-Familien Angehöriger Art 20 RL 2004/38/EG." so somenone told me in case of divorce I might lose it due to its type.

Yara_Community Manger

Hi @waslos , No, as far as I have researched you will not loose your residency because you have lived with your spouse in Germany over 5 years and you are currently working. You should have a right to a so called “eigenständiges Daueraufenthaltsrecht”. If you are still unsure, I can recommend you seek out migration specialized in this. You can for example e-mail https://www.verband-binationaler.de/beratung. They are specialized in these questions.

Seoyoung_Community Management Support

Updated:

Hello @waslos ,

I wanted to check in with you and see if you've found clarity about your situation. Have you received a migration consultation?

best wishes

Seoyoung

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