Divorce and Permit

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maripsv
Indlæg: 6
Tilmeldt: 17.03.2017 20:42:11

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.

mh1
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Re: Divorce and Permit

Indlæg af mh1 » 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
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maripsv
Indlæg: 6
Tilmeldt: 17.03.2017 20:42:11

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.

mh1
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Re: Divorce and Permit

Indlæg af mh1 » 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
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uidroot
Indlæg: 203
Tilmeldt: 08.04.2015 02:41:56

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/

mh1
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Re: Divorce and Permit

Indlæg af mh1 » 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
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uidroot
Indlæg: 203
Tilmeldt: 08.04.2015 02:41:56

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?

mh1
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Re: Divorce and Permit

Indlæg af mh1 » 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
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Chana468
Indlæg: 1
Tilmeldt: 12.08.2019 04:43:08

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
Indlæg: 3
Tilmeldt: 17.10.2019 19:02:48

Re: Divorce and Permit

Indlæg af ssf20 » 14.11.2019 10:13:18

Hvem har du brugt til rådgivning ?

V13
Indlæg: 8
Tilmeldt: 17.01.2021 21:14:54

Re: Divorce and Permit

Indlæg af V13 » 17.01.2021 21:39:15

Dear community ,
First of all that you for for all of you advise time and knowledge.

I’m about to get a divorce with a Danish husband. We have been married since 2014 and I got my residence card in April 2015. (Family reunification) I have 5 modules of danish and a one person company(which is not making enough money to self support at the moment)
We have not lived together for a year, and I’m currently working with a contact in Eu.
My questions;
1) can I apply for permanent residence under 5 year Eu rule after the divorce, or must it be before. Will it be revoked or rejected of we apply for divorce in parallel?
I have been in denmark for 7 in total.

2) when the letter of ‘re-voking ’ my family reunification status comes. Will my history in EU make a difference.

3) i have been in eu for almost 6 month, is there any way for me to proceed with having papers in Denmark after the divorce? I’m currently in a relationship with another Dane, but as mentioned before in another Eu country.

4) will my company be able to proceed if my papers are revoked.

Please advise ASAP.

Thank you so much in advance. Sending good energy your way.

mh1
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Re: Divorce and Permit

Indlæg af mh1 » 21.01.2021 14:35:32

I am assuming that you got family reunification under EU-rules?

If you have already moved officially out of Denmark, you have lost your EU-residence right. You have to reside in the same country as your spouse to retain it. Once lost, it does not 'revive' by itself.

However, if you are currently living with another Danish citizen and intend to continue to do so after divorce and to get married to your new partner, you can as soon as you two get married apply for EU-residence in the country you are in now, and if the plan is to move back to Denmark again use the EU-rules.

If you have not yet moved out of DK officially, do keep in mind that you are required by law to make it official if your stay abroad exceeds 6 months. So, if you want to apply for permanent EU-residence card in DK you have to get back to DK and do it from there. IF, however, the plan is NOT to live in DK with your new partner, it would be of no use, since a permanent EU-residence card only is valid in the country that has issued it. It will not give you any better rights in another EU-country.

PS: I see now that you have posted the same question more than once, and been answered under one of the other posts. All answers, however, are correct.
mh
Rådgiver for ÆUG

V13
Indlæg: 8
Tilmeldt: 17.01.2021 21:14:54

Re: Divorce and Permit

Indlæg af V13 » 21.01.2021 16:56:37

Thank you very much for you answers, it has covered a lot of my questions.
Noted about all of the directions.

Thank you

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