"Those who cross the sea change their sky, but not their soul"
Ovid
Conditions for Obtaining a Settlement Permit
To obtain a permanent settlement permit (Niederlassungserlaubnis) in Germany, applicants generally need at least 5 years of lawful residence, knowledge of German, and a stable income (§ 9 AufenthG).
Moving to Germany permanently is a highly appealing prospect for many people. Today, Germany is considered one of the most prosperous countries in Europe and the world, drawing large numbers of people who want to settle there, including from neighboring countries. Its reputation and standard of living play a major role in that appeal. One of the most attractive programs for emigrating to Germany is the "Late Resettlers" (Spätaussiedler) program. Many of our readers already know that, under this program, ethnic Germans who remained living in the territory of the former Soviet Union from May 1945 onward, or after being expelled from there starting on 31 March 1952, along with their family members, are entitled to apply for late-resettler status, which allows them to relocate to Germany permanently. The term "resettlers" (German: Aussiedler) first appeared after Germany passed the Act on the Affairs of Displaced Persons and Refugees ("Gesetz über die Angelegenheiten der Vertriebenen und Flüchtlinge," or "Bundesvertriebenengesetz," BVFG for short) in 1953. What makes this program especially attractive is that this group of people has the right to resettle in Germany and receive decent social support from a strong European state. Another major advantage of this program is that "late resettlers" do not have to go through naturalization or give up the citizenship of their country of origin. Resettlers are also able to bring family members along with them. Spouses of late resettlers, their direct descendants, and the family members of those descendants are all entitled to enter Germany together with the main applicant. It should be kept in mind, however, that this program unfortunately does not allow resettlers to bring along parents, siblings, nieces, nephews, or other relatives. For a spouse to be granted citizenship immediately upon arrival in Germany, the marriage must have lasted at least three years by the time the spouse is included in the Aufnahmebescheid (the admission decision issued to a candidate for late-resettler status once their documents have been successfully reviewed by the Federal Office of Administration, BVA). In that case, under § 7 of the BVFG, the spouse receives German citizenship immediately upon relocation. Nothing prevents a spouse from relocating even if the marriage is less than three years old — in that case, they receive a residence permit under § 8 of the BVFG, meaning that, subject to the standard requirements, they can only apply for citizenship after three years of marriage, at least two of which must have been spent living together in Germany. As the eminent Irish playwright George Bernard Shaw aptly put it, marriage is like an avalanche that a young man and a young woman bring crashing down on their own heads while reaching for a flower. Unfortunately, far from every couple manages to survive such an "avalanche" and live happily ever after. Things get even more complicated if, when a marriage breaks down, one or both spouses run into difficulties over their stay in the country they had immigrated to as a married couple. The situation is even worse when, by that point, the couple already has children together. In this article, we would like to tell our readers about one such story — one that could have ended quite sadly had a lawyer not gotten involved in time.
A middle-aged man came to our law firm — let's call him Vladislav. He came for a consultation with our lawyer specializing in immigration matters and shared a rather sad story. He had moved to Germany together with his wife and two small children roughly two years earlier, and a third child had since been born in Germany. This move took place under the "Late Resettlers" program, with Vladislav's wife, Natalia (name changed), as the main applicant. Vladislav and the minor children moved as family members of a late resettler. Natalia and the children received German citizenship after the move. Our client, meanwhile, received a temporary residence permit under § 8 of the BVFG, since at the time his wife filed her application to be recognized as a late resettler, the couple had only been married for one year (had the marriage been three years or older at the time of filing, the applicant's spouse would have been eligible under § 7 of the BVFG — that is, for German citizenship). After adjusting to their new surroundings and the birth of their third child, problems began within the family. The couple could not cope with the sheer weight of everything they were dealing with; all the children needed attention, the money they received from the state was not enough for a carefree life, and finding decent work proved elusive — all of which took a toll on the couple's relationship and on the general mood at home. When the tension reached the point where living under one roof became impossible, the couple made the only sensible decision available in that situation: to move into separate apartments. Vladislav, however, who loved his children dearly, continued to see and spend time with them regularly. He even arranged for them to attend various educational activities and sports clubs, and organized fun weekend trips.
Time went on, life settled into a new routine, and the couple were in the process of divorcing, while Vladislav's residence permit in Germany was slowly but surely approaching its expiration date. The future looked bleak — Vladislav would soon have to return to his home country, leaving all three of his dearly beloved children behind in Germany. Deciding that "something had to be done," he came to our law firm for a consultation. After listening carefully to the client and analyzing the documents he provided, our lawyer immediately got to work. With the lawyer's help, Vladislav gathered a complete set of every piece of evidence available showing that it was primarily him, the father, who was directly caring for the young children on a day-to-day basis. The lawyer prepared a detailed petition to the immigration authority (Ausländerbehörde) explaining that Vladislav's continued presence in the country was necessary for the children's full and harmonious development going forward. The petition was accompanied by supporting documents, certificates from various childcare institutions, and photographs. As we have mentioned in earlier articles, every immigration case is highly individual, and there are exceptions to every rule — properly interpreting the law and using every available advantage to a client's benefit takes a professional lawyer with a track record of successfully handled cases.
That is exactly what happened in this case — the immigration authority, after reviewing our client's situation, his children, and his former wife's current employment status, ruled in Vladislav's favor and granted him a one-year residence permit in Germany. We have every reason to believe that, if the same division of parental roles continues going forward, our client will subsequently be able to obtain a new residence permit for a longer term. Vladislav asked us to continue providing legal support for his immigration case going forward, having been fully satisfied with the services provided by our firm.
In the end, it only remains to add that most people enter into marriage with the very best of intentions, expecting their lives to be long and happy. Unfortunately, real relationships often turn out to be far from what was expected. Many people discover that preserving a close relationship takes more than simply being present — it takes constantly working on oneself, staying flexible-minded, remaining calm and patient, and knowing how to forgive... As the sad statistics show, not every couple is willing to put in that much effort to keep the family they built together intact. In an ideal world, only mature individuals — or those who know that the only person you can truly re-educate is yourself — would get married. In reality, it's fair to strive toward that ideal while also remembering that nothing stands still; our whole life is a flow. And marriage, too, is a living organism, with its own "seasons" and moods. The less we demand of our marriage and the more we demand of ourselves, the stronger our relationships and close bonds will become.
As a team of professionals with extensive experience across various areas of law, we leave the questions of marriage and building a harmonious family up to our readers — but for everything related to the legal questions and aspects of your life, we invite you to reach out to our law firm.
Frequently Asked Questions
Who receives residence rights or citizenship under Germany's "Late Resettlers" program?
The main applicant (an ethnic German) and, provided the marriage lasted 3 years or more by the time they were included in the Aufnahmebescheid, their spouse (who receives citizenship immediately under § 7 BVFG); for a shorter marriage, the spouse only receives a residence permit under § 8 BVFG.
What happens to a foreign parent's residence permit (§ 8 BVFG) upon divorcing a late resettler?
It is not automatically revoked — a petition can be filed with the immigration authority showing that continued residence is necessary for the shared children's full development, particularly if that parent is the one actually providing most of their day-to-day care.
For how long is a new residence permit issued to a parent who stays in Germany for the sake of the children after a divorce?
In the case described here, the permit was issued for 1 year; continued evidence of active involvement in raising the children provides grounds to hope for a longer-term permit going forward.
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