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Residence Status after Divorce
Posted on 02/07/2006 8:07 pm
Residence Status after Divorce
Dear Friends,
I am really worried about my future. I got married to an Austrian citizen 4 years back and alltogether I have been living in Austria since 5 and half years.
Due to some problems my wife is threatining to divorce me.
My question is say if within a month she is able to get a divorce from the court, what will be my legal status in Austria.
Currently I have the "Afunthaltstitel" which states the following
auf des aufenthalstitel: Familienangehoringer
Sontige Angaben: Freier zugang zum arbeitsmarkt
valid until 2008
Once she is able to get a divorce
Will I be allowed to work
Will I have to leave Austria
By Jan 2007 I will be completing 5 years of work and residence in Austria so will I be given the permanent residency or since I am divorced will I not be given Permanent residency.
Please advice. I will also be glad if you could point me to a website that will give me more infomration with regards to my situation.
Thank you.
amirkhan
Member since 02/07/2006
Posted on 02/07/2006 8:27 pm
Re: Residence Status after Divorce
@AmirKhan
In Germany after 3 years of marriage to a german you are entitled to german citizenship. However, there is one incident I know about, which is more or less your case. I know an african guy who got married to a german girl and after 2 years she was threatining to divorce him. Eventually they came to an agreement to wait for 1 more year so that he could take german citizenship. Ofcourse there was some finacial benefit to the girl offered. Is it possible in your case?
________________________________________
Akshay
Member since 21/03/2005
Posted on 02/07/2006 10:37 pm
Re: Residence Status after Divorce
@ Akshay,
thanks for the info, the german law is more leniant but then I am not sure what is the law in austria.
In my case I would not want to make such a deal with my wife since I believe it would be an highly immoral act.
If you know someone who could give me some info about my questions please do let me know. I would be grateful to you.
amirkhan
Member since 02/07/2006
Posted on 03/07/2006 9:17 am
Re: Residence Status after Divorce
Hello,
the website is http://www.auslaender.at/ there seems to be a draft of the law implementing the eu directive here: http://blatt.htu.t...denrecht2005/?doc=nag
Before you were married, what kind of status did you have, were you studying? Also, do you currently have a job?
Rgs,
-a
aalvarez
Member since 09/01/2004
Posted on 08/07/2006 10:12 pm
Re: Residence Status after Divorce
Alvarez,
I was working for on a job visa for a year and then I got married. I was not studying. Well the company that I was working for belongs to my wife's family. My wife's family decided to remove me from the job so as to make it difficult for me to stay in Austria.
I currently do not have a job.
amirkhan
Member since 02/07/2006
Posted on 10/07/2006 9:20 am
Re: Residence Status after Divorce
If you were working on a regular permit then you probably have the 5 years required for a permanent residence according to the draft (and in any case under EU law). I strongly recommend that you get a job as soon as possible and that you start talking to an immigration lawyer about your case.
Rgds,
-a
aalvarez
Member since 09/01/2004