Single parent - Without a German passport
Important information and support for people without a German passport - here you will find advice and assistance for various situations.
In this section you will find information, assistance and advice that may be helpful if you do not have a German passport.
Basic information on residence and family law
If you do not have German citizenship, it is important that you clarify your legal residence situation, also in connection with your family situation. Here is an overview of the most important regulations:
- If you are a citizen of the EU, you are "entitled to freedom of movement" and do not require a residence permit to stay in Germany. Separation or divorce have no negative consequences for your right of residence.
- Family members of EU citizens who do not have EU citizenship themselves generally require a residence permit. This is initially recognized for a limited period (residence card) and after five years it is checked whether the requirements for a permanent residence permit are met (permanent residence card). In the event of divorce, the right of residence may continue to exist under certain conditions: for example, if you yourself meet the requirements for freedom of movement or for a permanent right of residence and/or your marriage has lasted three years, one of which was spent in Germany and/or you have custody or rights of access to children of the EU citizen.
- If you have a foreign nationality outside the EU (third-country national), you also require a residence permit. Depending on the purpose of your stay, you can initially obtain a temporary residence permit (of varying duration) and after five years - or three years if necessary - you can obtain a permanent residence permit (settlement permit) under certain conditions such as being able to support yourself and having sufficient language skills. If this is not limited in time, divorce, separation or the receipt of support for living expenses have no negative effects.
Separation and divorce
The following applies to all EU citizens: All family court decisions in matrimonial matters and on custody and access rights are directly valid in all EU states. Conversely, court decisions from every EU country are fully valid in Germany. (Details on this are regulated by the so-called Brussels II Regulation).
Even without a German passport, you can generally apply for a divorce at your place of residence in Germany. The family court will check which law applies (in many cases German law). However, this does not automatically apply to third-country nationals in their country of origin.
The right of residence that exists due to family reunification can be lost in the first three years after immigration in the event of separation or divorce. However, if there is particular hardship - for example domestic violence - this may be retained. It may also be possible to retain it if you are the mother or father of a child with foreign citizenship.
Public services
Even without a German passport, you are generally entitled to social benefits such as parental allowance, child benefit and maintenance advance. Child supplement and unemployment benefit I have no negative effects on your right of residence. However, if you receive basic security benefits for a longer period of time (temporary right of residence or less than five years in Germany), you may lose your freedom of movement or be subject to restrictions. Asylum seekers (or tolerated persons) receive limited benefits under the Asylum Seekers Benefits Act and are therefore excluded from further benefits such as child benefit.
Always seek advice on all these questions!
Advice and help
The Integration Department of the Office for Immigration and Integration can help you.
Migration counseling
You can get advice from various organizations in Wiesbaden - Caritas, Bund der Vertriebenen, Diakonisches Werk for adults and IB for 12 to 27-year-olds. Detailed information on all offers can be found at the Migration Advice Center of the City of Wiesbaden.
The wif center offers advice, opportunities to meet and a wide range of services by multilingual specialists for girls and women with a migration background.
Legal advice
To clarify your legal questions and concerns, you can contact the Wiesbadener Anwalts- und Notarverein e. V. for legal support. If necessary, you can make use of counseling and legal aid. Pro Asyl e. V. and the Hessian Refugee Council provide free advice in difficult immigration law situations.
Health
Health insurance and humanitarian consultation hours
If you do not have health insurance or sufficient access to the healthcare system, the Humanitarian Consultation Hour offers you outpatient general and dental care as well as support for pregnant women.
Without adequate health insurance cover?
The Health Insurance Clearing Office (KVC) offers you free and confidential clarification and mediation of health insurance/regular care if you have sufficient health insurance cover.
Advice on German language courses
The Wiesbaden German Service Center is the first point of contact for German language courses for immigrants and offers free and impartial advice.
Language, integration and literacy courses
The migration advice services provide information and help with language, integration and literacy courses.
Recognition and qualification advice
If you are an immigrant seeking recognition of your professional or academic qualifications obtained abroad, you can take advantage of a recognition and qualification consultation.