Applying for an extension of the residence permit for spouses or partners after the end of the partnership

In principle, the procedure for extending a residence permit is the same as the procedure for issuing a residence permit for the first time. This means

The extension of the residence permit must be applied for at the immigration office responsible for your place of residence. This can be done in writing or in person. First of all, find out which procedure is provided for at your foreigners authority. Many authorities already offer online applications.

If you would like to submit the application online:

• The online service guides you through the application process and contains further explanations on the requirements and necessary evidence.
• Once your online application has been received by the Foreigners' Registration Office, you will receive further information on the progress of the procedure (e.g. about the mandatory appointment at the Foreigners' Registration Office).

If you would like to submit the application in person:

• If the application can only be made in person, make an appointment at the Foreigners' Registration Office.

Your identity and documents will be checked during the appointment at the immigration office, which is why you should have the originals of your documents with you. If necessary, the foreigners authority will request any missing information or documents.

If your application is approved, the immigration authority will commission the Bundesdruckerei to produce a new electronic residence permit (eAT card). Your fingerprints and signature are required for this. You will be informed as soon as you can collect the eAT card from the relevant office. The eAT card must always be collected in person. However, you can also enquire at your foreigners authority whether it is possible to send the eAT to your address in your case.

If your request is not granted, you will receive a rejection notice from the Foreigners' Registration Office.

Immigration office

In principle, the same requirements must be met for the extension of the residence permit as for the initial issue of the residence permit. This means

• You are a citizen of a country outside the European Union (EU) or the European Economic Area (EEA).
• You are in possession of an independent right of residence (residence permit in accordance with § 31 of the Residence Act), which was granted to you due to the termination of your marriage or civil partnership.
• Your current residence permit has not yet expired.
• The general requirements for authorisation are still met, i.e:
  • You are in possession of a valid passport or passport replacement.
  • Their identity and nationality have been clarified.
  • Your livelihood is secured (the receipt of benefits according to BAföG is irrelevant).
  • There is no reason for an expulsion.
  • Your stay will not impair or jeopardise the interests of the Federal Republic of Germany.

Please note: If you were granted a residence permit due to particular hardship and these circumstances still apply, the general requirements for granting a residence permit may be waived. An exception can also be made if it is unreasonable to expect you to take up gainful employment because you are bringing up small children.

In principle, the same documents must be submitted for the extension of the residence permit as for the initial issue:

• Recognised and valid identity document (e.g. passport or passport substitute)
• Current biometric passport-size photo (45 x 35 mm) - Please note:Since 1 May 2025, biometric passport photos may only be taken digitally at government offices or certified photo studios and sent to the immigration office via a secure electronic channel. Paper-based passport photos are no longer permitted.
• Proof of livelihood
  • For employees: Employment contract, current certificate of employment (not older than 14 days), the last 3 payslips, current pension insurance history
  • For self-employed persons: tax assessment notice, business analysis, extract from the commercial register
  • If you receive social benefits: current notifications (e.g. benefits according to SBG 2 or 12, BAföG, child or parental allowance)

Please note: Persons with whom a foreigner lives in a community of need or to whom he/she is obliged to provide maintenance are also included in the calculation of living expenses. A community of need includes in particular couples or parents and unmarried children before the age of 25 living with them in the same home. The aforementioned evidence must therefore be provided by all family members in the community of need.

• Proof of significant changes since your previous residence permit was issued (e.g. marriage, birth of a child, relocation, change of employment relationship or name).
• Proof of participation in the integration course, if there was an obligation to participate.

The evidence must always be submitted in German. An official translation may be required for non-German documents. In individual cases, the immigration office may request less or more evidence.
Please submit your documents to the authorities in full and on time. Documents submitted late may result in longer processing times.

• § Section 45 number 1 Residence Ordinance (AufenthV)

• § Section 31 Residence Act (AufenthG)
• § Section 8 (1) Residence Act (AufenthG)
• § Section 5 (1) Residence Act (AufenthG)

• Appeal against the decision of the immigration authority within one month of notification.
• Action before the court named in the notice of objection if the objection is not upheld.

• The residence permit authorises the holder to take up gainful employment.
• The extension of the residence permit may be refused to prevent abuse if you are dependent on benefits under SGB II or XII for a reason for which you are responsible.
• The extension of the residence permit can now be applied for online and in various languages at many immigration authorities. The procedure at the foreigners authority is carried out in German.
• All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that your request can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be to your disadvantage. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
• Due to the complexity of residence law, this description is for information purposes only and is not legally binding.

• An independent right of residence that is initially limited to one year (Section 31 of the Residence Act) can be extended if the extension is applied for in good time before the (previous) residence permit expires.
• In order to extend the residence permit, the requirements checked when the permit was first issued must still be met.
• If the former spouse or partner is in possession of a permanent settlement permit or an EU permanent residence permit and the ex-partner is able to support the foreigner who has joined them even after the cohabitation has ended, the issue of a permanent settlement permit may be considered instead of a residence permit

Ministry of the Interior and Municipal Affairs of the State of Brandenburg, Department 21