Applying for a settlement permit for spouses who are entitled to reside in their own right

• You must apply for a settlement permit before your current residence permit expires.
• Find out whether your foreigners authority allows you to apply online or has a special application form.
• If you can only submit your application in person, please book an appointment at the Immigration Office. If you submit your application online, the Immigration Office will contact you once your application has been received to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents to the appointment, preferably in the original).
• If your application is approved, your fingerprints will be taken for the purpose of issuing the settlement permit in the form of a new electronic residence permit (eAT card).
• The Foreigners’ Registration Office commissions the Bundesdruckerei to produce the eAT card. Once it has been produced, you will be notified and can collect the eAT card from the relevant office. As a general rule, the eAT card must be collected in person.
• If your application is rejected, you will receive a rejection notice.

The Foreigners’ Registration Office in the applicant’s place of residence is responsible.

• You have held a valid residence permit for the purpose of spousal reunification (Section 28 or Section 30 of the Residence Act) for at least five years, or you have an independent right of residence for spouses (Section 31(1) or (2) of the Residence Act).
• Your marriage or civil partnership has been dissolved. The partnership is deemed to have been dissolved if it has ended in divorce or has effectively been dissolved by a permanent separation. Temporary separations are not sufficient.
• Your former spouse or partner owns
  • a settlement permit,
  • an EU long-term residence permit or
  • German nationality.
• Your future livelihood (including health insurance) is secured by maintenance payments made to you (and your children) by your former spouse or civil partner. Maintenance is only considered secure if your former spouse or partner actually fulfils their maintenance obligation from their own resources. A maintenance obligation that exists but is unenforceable or is not met from their own resources is not sufficient. Your own resources, which can be used to supplement the maintenance provided by your former spouse or civil partner to secure your livelihood, are eligible for consideration (for example, your own regular income). Maintenance payments from third parties are not taken into account.
• You have a sufficient command of German (level B1).
• You have a basic understanding of the German legal and social system.
• You have sufficient living space for yourself (and your children living in your household).
• There are no grounds for your deportation and you have not yet received a deportation order.

• Recognised and valid identity document (e.g. passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
• Proof that the marriage or civil partnership has been dissolved (for example, a divorce decree or a notice of termination of tenancy for the shared home)
• Evidence that the former spouse or partner is providing for the applicant’s livelihood (for example, a court order setting out existing maintenance or payment obligations), as well as evidence that the applicant is providing for their own livelihood (for example, proof of income, an employment contract, a pension notice, proof of receipt of benefits such as parental allowance or child benefit)
• Proof of health insurance cover (for example, a confirmation of cover from your health insurance provider or an insurance policy)
• Proof of German language proficiency at least at level B1 of the Common European Framework of Reference for Languages (e.g. language certificate, German school, vocational training or higher education qualifications, proof of successful completion of an integration course)
• Proof of a basic understanding of the legal and social system in Germany (for example, a certificate or confirmation of successful completion of an integration course)
• Proof of adequate living space (for example, a tenancy or purchase agreement that specifies the floor area)

The documents and information must always be submitted in German. In individual cases, the foreigners authority may require less or further evidence.

• Section 44(3) of the Residence Regulation (AufenthV)

• § Section 31 (3) Residence Act (AufenthG)
• Section 28(3) of the 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

Applications may be submitted in any format.

You must attend the office in person.

The following information is available:

• The granting of a settlement permit is at the discretion of the relevant immigration authority. Applicants are therefore only entitled to a decision that is free from errors of discretion.
• The proceedings are usually conducted in German.
• A settlement permit may lapse if you stay outside Germany for more than six months, unless this stay abroad has been agreed in advance with the Immigration Authority.
• All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that the request can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. 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.

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

• Applying for a settlement permit for spouses with an independent right of residence in Saxony-Anhalt

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