Settlement permit after dissolution of marriage

Description

The settlement permit is a residence permit of indefinite duration which allows you to live and work in Germany without any restrictions on time or location.

Spouses who have been living apart permanently or who are divorced are entitled to be granted a settlement permit after five years’ residence. This is subject to the condition that, following the dissolution of the marriage, your livelihood is secured by maintenance payments from the former spouse’s own resources and that the former spouse holds a settlement permit or a long-term EU residence permit. Personal resources that can be used in addition to securing maintenance, in particular one’s own income that is expected to be earned on a permanent basis, may be taken into account.

Application and appointment

You can submit your application and the required documents online:

• Please upload your documents as PDF files where possible.
• Once you have submitted your application, a confirmation will be displayed. You can save this as a PDF file for your records.
• This confirmation states that your current residence permit remains valid in Germany beyond the previous expiry date and that you may continue to work to the same extent as before (legal fiction).
• You can present this confirmation as proof to the authorities or at your place of work.
• Once your application has been assessed, you will be given an appointment.

Requirements

• 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

• A fully completed application form
• A valid and recognised passport or passport substitute
• Biometric passport photograph

Proof of secure means of support. In the case of spouses who are permanently separated or divorced, means of support must be secured through maintenance payments from the former spouses’ own resources.

• Family court order regarding a maintenance obligation
• Evidence of regular maintenance payments (bank statements for the last three months)
• Proof of health insurance (your statutory health insurance card or the policy document for private health insurance)

For employees

• Payslips of the separated or divorced spouse (earnings statements for the last three months)
• Confirmation of the employment status of the separated or divorced spouse
• Declaration regarding means of support

For self-employed or freelance workers

• Proof of profit after tax (latest income tax assessment) for the separated or divorced spouse and
• For the self-employed: current profit and loss account from the tax adviser or current business accounts,
• For freelancers: current profit and loss account from the tax adviser, fee agreement, invoices for commissioned work and bank statements relating to the invoices
• Business registration of the separated or divorced spouse (if required under trade law)
• Declaration regarding means of support

Evidence of benefits such as parental allowance, child benefit, child supplement, childcare allowance and child-rearing allowance may also be attached.

Proof of monthly housing costs

• Declaration regarding cohabitation
• For rented accommodation: tenancy agreement stating the size of the flat in square metres and bank statements showing the rent amount, or a certificate of accommodation
• For owner-occupied flats: purchase contract stating the size of the flat in square metres and proof of mortgage repayments and monthly housing allowance/service charges.

Proof of sufficient German language skills and a basic understanding of the legal and social system in Germany

• A language certificate confirming sufficient German language skills (B1) in accordance with the Common European Framework of Reference for Languages (CEFR) and a certificate confirming successful completion of the ‘Leben in Deutschland’ test, or
• A German school, vocational training or higher education qualification, provided you completed it in the German language.

Please note

• The documents submitted (such as proof of identity and language certificates) will be checked for authenticity. We consistently report forgeries to the police.
• ​ Should we require any further documents, we will write to you.

Legal basis

§ Section 31 (3) Residence Act