Applying for a residence permit for a spouse or partner after the end of the partnership

The residence permit must be applied for at the foreigners authority responsible for your place of residence. This can be done in writing or in person. First find out which procedure is provided for at your immigration office. 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

• You are a citizen of a country outside the European Union (EU) or the European Economic Area (EEA).
• You are currently in possession of a residence permit for subsequent immigration of spouses (§§ 28 or 30 of the Residence Act).
• The cohabitation with your spouse or partner no longer exists due to divorce or permanent separation from your partner or his/her death.
• You and your partner have been living together legally and without interruption in Germany for at least three years.
  • Exceptions to the requirement of three years of cohabitation:
    • If your partner died while you were living together in Germany, the duration of your stay is irrelevant.
    • Within the scope of application of Decision No. 1/80 of the EEC/Turkey Association Council of 19 September 1980 (ARB 1/80), a two-year period of marriage is required.
    • If your former partner was in possession of the EU Blue Card at the end of your marriage or civil partnership, a two-year period of marriage in Germany and a one-year period of marriage in another EU Member State are required.
    • If it is necessary to enable you to continue living in Germany in order to avoid particular hardship, the length of time you have been married is irrelevant (for example, if it is unreasonable to expect you to remain in the marital partnership, or if returning to your home country would be dangerous).
• During the period of your marriage, your residence in Germany was legal, i.e. you were in possession of a visa, a fictitious certificate or a residence permit for the subsequent immigration of spouses without interruption (a tolerated stay is not sufficient).
• Your former partner was in possession of a residence permit, settlement permit or EU permanent residence permit until the end of your marriage or civil partnership. The extension of your former partner's residence permit must not be excluded.
• If the marriage or civil partnership was with a German, the latter must have had his or her habitual residence in Germany until the end of the marriage.
• The general authorisation requirements are met, i.e:
  • You have entered the country with the required visa or without a visa.
  • 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, SBG II or SBG XII is irrelevant).
  • There is no reason for an expulsion.
  • Your stay will not impair or jeopardise the interests of the Federal Republic of Germany.

• Recognised and valid identity document (e.g. passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
  • Please note: Since 1 May 2025, biometric passport photos may only be produced digitally directly in the authorities or in certified photo studios and transmitted to the immigration authority via a secure electronic channel. Paper-based passport photos are no longer permitted.
• Proof of the end of the marriage or civil partnership (e.g. divorce petition, divorce decree, death certificate)
• Proof of participation in the integration course, if there was an obligation to participate.
• 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.

The supporting documents must always be submitted in German. An official translation may be required for non-German documents. In individual cases, the foreigners authority may require fewer or more documents.

Please submit your documents to the authority in full and on time. Documents submitted late may be subject to longer processing times.

• § Section 45 number 1 Residence Ordinance (AufenthV)

• § Section 31 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.

• A marriage-related residence permit does not automatically convert into an independent residence permit when the partnership ends. This must be applied for.
• The required period of marriage must be achieved through a marriage or civil partnership. If the spouses reconcile after the marriage or civil partnership has been dissolved, the period for calculating the period of marriage begins again.
• The civil law requirements for separation or divorce are not decisive for obtaining a residence permit in accordance with Section 31 of the Residence Act. It is sufficient that the common centre of life has been permanently abandoned in a way that is recognisable to the outside world.
• The residence permit authorises the holder to take up gainful employment.
• To avoid abuse, the residence permit may be refused if you are dependent on benefits under SGB II or XII for a reason for which you are responsible.
• If you have not already done so, you should endeavour to secure your own means of subsistence during the one-year period of validity of the residence permit. Failure to secure your livelihood may have a negative impact on the subsequent extension of your residence permit.
• 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.

• After the end of a marriage or civil partnership of a foreigner with a foreigner authorised to reside or a German (e.g. due to separation or death of the partner) and after expiry of the previous residence permit, the foreigner who has joined the family can apply for an independent right of residence independent of family reunification.
• Reason: To enable independent living in Germany.
• 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, a permanent settlement permit may be issued instead of a residence permit.

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