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Divorce! Is my residence permit still valid?

SCENARIO

YOU MARRIED YOUR SPOUSE WHO IS AN AUSTRIAN OR EU CITIZEN AND ATTAINED THE RESIDENCE PERMIT THROUGH MARRIAGE. FORTUNATELY, OR UNFORTUNATELY, YOU ARE NOW GETTING DIVORCED. THIS BLOG ARTICLE TOUCHES UPON SOME OF THE CONSEQUENCES THIS MAY HAVE. – BY FRANCISCA NANA AGYAPONG

Can I stay in Austria?

If you are still able to fulfill the requirements for the residence permit, then you should receive a “new” permit that is of the same “value” as your previous one. For instance, if you had access to the Austrian job market before, the permit after divorce will also have to allow such access. These are the most important requirements: accommodation, health insurance and financial stability. In essence, the authorities want to know about your ability to sustain yourself if allowed to remain in Austria.

What if I do not fulfill the requirements?

 Due to the change of your circumstances, the permit held by you up until the divorce becomes void. Depending on how your life developed after, you can apply for a different permit, for instance based on remarriage, study or a job.

When making their decisioin on whether to allow a person to remain in Austria, authorities take the situation of people with families and an advanced level of integration into the Austrian society into special consideration.

Do I need to take steps on occasion of the divorce?

Please note that special deadlines apply in order to notify the authorities of your divorce. Time is of the essence to avoid any negative consequences for you.

What would apply if I am not married but I have a registered partnership (“Eingetragene Partnerschaft”)?

 The same rules apply irrespective of whether you are in a marriage or in a registered partnership. Austria considers these two forms of partnership between spouses as equal. 

Can Law & Beyond help me make an application for the residence permit if I lose my status as a spouse of an Austrian or EU citizen?

Of course. We would be happy to assist you in this matter. Please reach out to us to arrange for a consultation call.