Divorce and Permit

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maripsv
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Divorce and Permit

Indlæg af maripsv » 02.08.2019 08:53:59

Hi all,

my husband (Danish) and I (Brazilian) were married in December 2017 and have been living in Germany since then. I got my Permit under EU law. We broke up and he wants to get a divorce now. We have been living apart for 7 months now, although I am still registered in his address. No legal separation was requested, because we had agreed before to remain married until I could stay here despite of him. I know I am not entitled to get a Permit because we have been married less than three years. He wants to get a divorce in Denmark, but since he has his residence in Germany, he needs to live in Denmark for six months before he can start the proceedings there, which means he will only be able to do that in the beginning of February next year.

I wanna buy myself as much time as possible. In case I choose not to accept the divorce in Denmark, I know we would need to request the legal separation which goes for six months. My question is: if he can prove that we have already been living apart, does that mean the legal separation period does not have to be requested and he can just file the divorce? Or would he still have to request a legal separation period regardless? And does my Permit get shortened already from the moment he files the divorce?


Thanks in advance for the help.
Senest rettet af maripsv 05.08.2019 21:44:43, rettet i alt 1 gang.

mh
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Re: Divorce and Permit

Indlæg af mh » 02.08.2019 21:03:34

Your residence right will - whether you are divorced or not - be void if and when your husband moves out of Germany, as it is dependent on you both living in the same country.

If you have a job now, and you would like to stay in Germany, I think your best bet will be to apply for a work-and-residence permit based on your job. You can do that even though you at present have residence right.

If your husband has more assets than debts, he will have to share half of the value of his positives with you, and you will likewise have to share half of the value of yours with him. You will most likely not be awarded any alimony because of the short time you have been married. It is possible that a Danish court would find that he - if he is reasonably well off - should pay you a sum that will enable you to return to Brazil and establish a new home.
mh

maripsv
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Re: Divorce and Permit

Indlæg af maripsv » 05.08.2019 21:45:32

Thank you so much for the reply!
And do you know for how long my permit will still be valid once he moves? I can’t believe they can cut if off automatically since I’d still have things to figure out here.

mh
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Re: Divorce and Permit

Indlæg af mh » 06.08.2019 12:12:50

He does not need to inform the immigration authorities of his moving, only the district office about his change of address (because of tax etc.), so most likely it will take some time before the immigration office becomes aware of his move and react. Your residence card will in principle be valid until it is revoked or expired, so I don't think you need to worry about not having enough time to prepare your relocation.
mh

uidroot
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Re: Divorce and Permit

Indlæg af uidroot » 13.08.2019 16:34:06

I like to add some points regarding
Your residence right will - whether you are divorced or not - be void if and when your husband moves out of Germany, as it is dependent on you both living in the same country.
It is not true one looses there right of retention if the divorce happens before the EU person leaves the country, However you will loose the right of residence if the EU person leaves without a divorce.

please check this case

https://www.monckton.com/court-of-justi ... g-divorce/

mh
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Re: Divorce and Permit

Indlæg af mh » 14.08.2019 09:05:40

@uidroot, I am answering this persons particular problem, not referring general rules; the spouse in this case is planning to take up residence in Denmark in order to apply for and obtain divorce. In that scenario the residence right will in principle be invalid as soon as the spouse registers his residence in Denmark.

Also the marriage has not lasted three years, not even two yet, thus a divorce in the current country of residence will also mean that there is no longer a residence right for the non-EU-spouse.
mh

uidroot
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Re: Divorce and Permit

Indlæg af uidroot » 14.08.2019 10:20:46

Fair enough. I just wanted to point incase.

@mh I like to ask after divorce is the resident permit automatically revoked or they write before doing so?

mh
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Re: Divorce and Permit

Indlæg af mh » 15.08.2019 08:21:59

A residence permit is valid until revoked by an act. The residence holder will be contacted by the Immigration OfficeI, which will inform them of the IO's intention to revoke the permit, and IO will be ask whether they can cite any reason why it should not be revoked.

If the residence holder has residence according to EU-rules, it would in Denmark probably be SIRI which as the responsible authority makes the contact and inquiry.
mh

Chana468
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Re: Divorce and Permit

Indlæg af Chana468 » 20.09.2019 07:21:15

De har gjort det virkelig godt og billigt de gange jeg har brugt dem.

สล็อตออนไลน์

ssf20
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Re: Divorce and Permit

Indlæg af ssf20 » 14.11.2019 10:13:18

Hvem har du brugt til rådgivning ?

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