Settlement permit after dissolution of marriage

Description

The settlement permit is an unlimited residence title that allows you to live and work in Germany without any time or place restrictions.

Spouses who are permanently separated or divorced are entitled to a settlement permit after five years of residence. The prerequisite is that the former spouse's livelihood after the dissolution of the marriage is secured by maintenance payments from their own resources and that they have a settlement permit or an EU permanent residence permit. Own resources that can also be used to secure maintenance, in particular an income that is expected to be earned on a permanent basis, can be taken into account.

Prerequisites

• You are registered in Munich
• You have been living in Germany for five years with a residence permit (previous periods of study and training are counted as half) and currently hold a residence permit in accordance with § 31 AufenthG.
• Your livelihood is secured by maintenance payments from your former spouse.
• You have sufficient living space for yourself and your family members.
• You have sufficient knowledge of German (level B1) and basic knowledge of the legal and social system in Germany.
• You have sufficient health insurance cover.
• You have no criminal record.

Required documents

• Fully completed application form
• Valid and recognised passport or passport substitute
• Biometric passport photo (you will find photo machines at the Foreigners Office)

Proof of secure means of subsistence. In the case of permanently separated or divorced spouses, the livelihood must be secured by maintenance payments from the former spouse's own resources.

• Family court decision on a maintenance obligation
• Proof of regular maintenance payments (bank statements for the last three months)
• Proof of health insurance (insurance card of your statutory health insurance or the insurance policy of a private health insurance company)

For employees

• Salary statements of the separated or divorced spouse (certificates of earnings for the last three months)
• Confirmation of the employment relationship of the separated or divorced spouse
• Declaration of livelihood

For self-employed/freelancers

• Proof of profit after tax (last income tax assessment) of the separated or divorced spouse and
• For self-employed persons: current profit and loss account of the tax consultant or current business statement,
• For freelancers: current profit and loss account of the tax consultant, fee contract, order invoices and account statements for the order invoices
• Business registration of the separated or divorced spouse (if required under trade law)
• Declaration of livelihood

Proof of benefits such as parental allowance, child benefit, child supplement, childcare allowance and child-raising allowance can also be enclosed.

Proof of monthly housing costs

• Declaration of domestic community
• For rented flats: Rental agreement stating the size of the flat in square metres and account statements on the rent amount or certificate of occupancy
• For owner-occupied flats: Purchase contract stating the size of the flat in square metres and proof of instalment payments for loans and monthly housing benefit/house money.

Proof of sufficient knowledge of German and basic knowledge of the legal and social system in Germany:

Proof of successful participation in an integration course or certificate from a domestic school, training or university degree in German or certificate of German language proficiency of the Common European Framework of Reference (CEFR) for Languages at least at level B1, orother proof of language proficiency

Legal basis

§ Section 31 (3) Residence Act