Wegweiser Domestic violence · Protection & support Deutsch

🛂 Residence law in cases of violence in marriage

Anyone who leaves a marriage because of violence does not automatically lose their right of residence: § 31 AufenthG secures an independent right of residence – in cases of domestic violence even before the otherwise required three years have passed.

§ 31 AufenthG Independent right of residence Hardship case Immigration office (Ausländerbehörde)

In brief

Under § 31 para. 1 AufenthG, spouses, after the marital partnership has ended, receive an independent right of residence separate from the marriage for one year if the marital partnership had previously existed lawfully in Germany for at least three years. § 31 para. 2 AufenthG waives this three-year period to the extent necessary to avoid a particular hardship, so that the spouse does not have to continue the partnership – according to the provision, a particular hardship expressly includes in particular the case where the person has become a victim of domestic violence. So you do not have to stay in a violent marriage just to avoid endangering your residence status.

Step by step

  1. Inform the immigration officeReport the separation and expressly invoke domestic violence as the hardship ground.
  2. Collect evidencePut together police records, a protection order under the Gewaltschutzgesetz, medical certificates or witness statements as proof of being affected by violence.
  3. Have your residence permit switched overApply for extension or switching of the residence permit to the independent basis under § 31 AufenthG.
  4. Involve specialist adviceSpecialist advice centres for migrant women help with the application and with providing proof, and know the practice of the local immigration office.

Deadlines

Before the residence permit expires
There is no blanket statutory deadline for reporting the separation – in practice, however, it is important to apply for the extension/switch in good time before the existing residence permit expires.§ 31 AufenthG
Watch out – common mistakes
  • Do not be intimidated by the claim that a separation automatically leads to loss of the right of residence – in cases of domestic violence the law expressly provides an exception to the three-year rule.
  • Where you hold a toleration (Duldung) rather than a residence permit, different, more complex rules than § 31 AufenthG apply – specialist legal advice is particularly important here before you contact the authorities.
  • Access to social benefits differs considerably depending on residence status (e.g. basic income support vs. benefits under the Asylum Seekers Benefits Act) – this should be clarified together with a specialist advice centre.
In depth · legal basis, figures and practice – for advisers and professionals

§ 31 AufenthG in detail

§ 31 para. 1 AufenthG in principle requires, for the independent right of residence, that the marital partnership has existed lawfully in Germany for at least three years. § 31 para. 2 AufenthG allows this period to be waived to the extent necessary to avoid a particular hardship. According to the law, a particular hardship exists in particular where the spouse faces a significant impairment of interests worthy of protection because of the obligation to return, or where continuing the marital partnership cannot reasonably be expected; the latter is assumed under the provision in particular where the spouse is a victim of domestic violence.

Practical significance

The provision is meant to prevent those affected from remaining in a violent relationship out of fear of losing their residence status. It does not replace an automatic decision – the hardship case must be set out to the immigration office and, if possible, proven, which is why securing evidence (see separate page) is relevant here too.

Who is responsible
  • Immigration office (Ausländerbehörde)
  • Specialist advice centres for migrant women
Further reading
Advice and contact pointsGewaltschutzgesetz: restraining order and no-contact order

Quick questions

Worum geht es bei „Residence law in cases of violence in marriage“?
Anyone who leaves a marriage because of violence does not automatically lose their right of residence: § 31 AufenthG secures an independent right of residence – in cases of domestic violence even before the otherwise required three years have passed.
Which deadlines and figures matter?
Before the residence permit expires: There is no blanket statutory deadline for reporting the separation – in practice, however, it is important to apply for the extension/switch in good time before the existing residence permit expires. (§ 31 AufenthG)
What should I do first?
  • Inform the immigration office: Report the separation and expressly invoke domestic violence as the hardship ground.
  • Collect evidence: Put together police records, a protection order under the Gewaltschutzgesetz, medical certificates or witness statements as proof of being affected by violence.
  • Have your residence permit switched over: Apply for extension or switching of the residence permit to the independent basis under § 31 AufenthG.
What do I need to watch out for?
  • Do not be intimidated by the claim that a separation automatically leads to loss of the right of residence – in cases of domestic violence the law expressly provides an exception to the three-year rule.
  • Where you hold a toleration (Duldung) rather than a residence permit, different, more complex rules than § 31 AufenthG apply – specialist legal advice is particularly important here before you contact the authorities.
  • Access to social benefits differs considerably depending on residence status (e.g. basic income support vs. benefits under the Asylum Seekers Benefits Act) – this should be clarified together with a specialist advice centre.
Evidence
  • § 31 AufenthG (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.