I am a Colombian citizen who married a German citizen almost three years ago. We married in Germany. At the moment, we are not together anymore, but we are still legally married and I would like to live in Germany. Is there a way I can apply for a resident permit?
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Do you have employment in Germany or a means to support yourself there?– TravellerCommented Jun 2, 2020 at 23:35
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1Is your spouse in Germany? Would your spouse support your application?– phoogCommented Jun 3, 2020 at 2:37
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The question is unclear. Do you live in Germany now? Do you have a dependent residence permit and want to get another one, which won't depend on your partner? O r you live outside Germany and want to resettle? Will your partner agree to sign some documents for you?– Andrey SapeginCommented Jun 3, 2020 at 8:32
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Currently, I live in Colombia. He will help me, but the only thing that worries me is to have to register that we are living together. Does he have to come with me to the interview when asking for the resident permit? And do I have to present proof that I am living with him?– Alexandra LopezCommented Jun 3, 2020 at 14:38
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1 Answer
As a spouse of a German citizen then you are entitled to apply for a family reunion visa in order to join your spouse in Germany.
Although not explicitly stated that you must still be together, it is more than likely expected that you would live with your spouse and that you are still a couple in order to obtain such a visa. And as such then you cannot apply for this visa without their full backing. This is also because you would need their help in order to submit all the documents you require, which includes:
- Their passport
- Meldebescheinigung (official proof of residence)
- Proof of housing (which would be expected to be the residence of the spouse)
- Invitation letter from the spouse
- German Health insurance
You are also expected to be able to prove basic German skills (level A1), and if required prove this via a Goethe issued certificate.
Even if you do obtain this visa, this will get you into the country but you must then apply for a residence permit within 90 days. For which both partners will be interviewed, and similar or the same of documents would be required to be submitted again.
See this, for an example from Berlin: https://service.berlin.de/dienstleistung/328191/en/
And of course submitting false information as part of your application process could lead to removal from Germany and/or denial of a future visa for Germany.
Therefore, it would be better if you were able to obtain a visa on your own standing. This would require a job offer from a German company, an offer of a university place etc.
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1The OP could consider applying for a job seeker visa if she meets the eligibility criteria germany-visa.org/job-seeker-visa Commented Jun 3, 2020 at 8:51
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Just a small correction: The A1 German certificate can be from another certified institution. Just be prepared that in addition to the paper the clerk will ask you to speak a few sentences and answer simple questions, like what is your name, where and when where you born, to make sure you did not just buy the certificate without actually speaking the language.– nvoigtCommented Jun 3, 2020 at 19:04