─ Hello, employees of MK-Compatriot!
I’m in trouble. Having lived with my husband for almost three years, we will divorce. He is a German citizen, I am from Ukraine. She came as a student. At the moment I am still studying, finishing my bachelor’s degree and will continue my studies in the magistracy.
The husband started drinking. Has not worked for more than two years. Receives the Harzt IV grant. I study and work for the allowed number of hours. In August I was at home in Ukraine. And from September 1 of this year I rented a separate apartment. He reported the divorce when I was not yet in Germany to the Labor Agency in order to receive money for an apartment as well. While I was away, he fraudulently removed money from my account and spent it on drink. I have already dealt with the bank. They will write a statement. It’s just that it has become impossible to live with a person because of his addiction.
… Since we have lived for less than three years, I do not understand what awaits me. Can I change my residence permit “by marriage” (valid until May 2022) for a student visa? Or while there is no divorce, I am not obliged to do it?
Will I have to report my separation to an insurance company, for example? Am I eligible to stay in family insurance for the time being? Am I eligible for a scholarship? From what moment will it be considered that we are living separately?
I remind you that I am learning. And I will study for at least two more years. I work in parallel.
Inna R., Offenbach.
─ Dear Inna!
The moment when separation begins is precisely the beginning of separation. In many ways, this is a volitional decision. Since it is not only and not so much the territorial factor that is important, but the will directly not to live like a husband and wife anymore. In principle, this is possible (and often happens) in the case of further living in the same house / apartment.
As a matter of fact, from now on you no longer have the right to a residence permit for family reunification (which you now have in your hands). In practice, however, largely due to the workload of the departments for foreigners, the situation remains unchanged until the need to renew the residence permit.
For now, you should rely on this, since a residence permit for family reunification has more advantages than a residence permit for studies. In particular, you have an unlimited right to work. The aforementioned issue of family insurance is also important. In addition, problems with a student residence permit may arise due to the fact that proof of financial security (money in the account) is required.
To determine the optimal strategy, you, of course, need to contact a lawyer. A lawyer will be needed in any case for the divorce process.
Lawyer Maxim BRITANOV,
Specialist lawyer for family law / specialist lawyer for migration law,
Law Office Fabrika Prava
Britanow & Dr. Hirsch
Tel .: +49 (0) 69 26 49 22420
www.lawfactory-frankfurt.de
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