Germany spouse visa to indefinite/citizenship

[Sinner]

Hi,

I am asking this question on behalf of my sister in law. She is in Germany on a spouse visa since last 4 years. She has one 3 year old daughter as well.
My sister in law doesn't want to stay with her husband any more. She is a victim of physical abuse which has been reported to relevant authorities.

Where does she stand? If she takes divorce will she be sent back to her home country even though she has a child? what other options she have?

Can she come and settle in UK as her 2 sisters are settled in UK?
Please advise asap.

[ALKB]

Hi,

I am asking this question on behalf of my sister in law. She is in Germany on a spouse visa since last 4 years. She has one 3 year old daughter as well.
My sister in law doesn't want to stay with her husband any more. She is a victim of physical abuse which has been reported to relevant authorities.

Where does she stand? If she takes divorce will she be sent back to her home country even though she has a child? what other options she have?

Can she come and settle in UK as her 2 sisters are settled in UK?
Please advise asap.

After three years she could have applied for an indefinite residence permit which is independent of her being married to her husband.

Does she speak sufficient German? She might be able to apply for indefinite now if she fulfills the requirements, this would probably be the easiest way.

Otherwise, after three years in Germany as a spouse and especially with a child, she does have a right of residence in her own right.

She can go to the local Bürgerbüro for advice on organisations and charities that support women in her situation, help navigate applications and finding a place to stay, etc.

Moving to the UK would be very difficult until she gets German nationality. Also, she would probably not be able to take the child out of the country without the father's consent unless there is a court order allowing her to do so.

Is her husband German or is he settled in Germany?

[Sinner]

Hi,

thank you for your detailed reply. Her husband is a german national.

[ALKB]

Hi,

thank you for your detailed reply. Her husband is a german national.

Okay, so she could even apply for naturalisation now, if she meets all the requirements (language, naturalisation test, not relying on public funds, etc.)

I guess her husband is not supportive regarding that at all, since she somehow did not get an indefinite permit after 3 years?

Do you know why that is?

Did she complete an integration course?

Are they receiving social security/other benefits?

She should really either go to the Bürgerbüro or - if she is in one of the bigger cities - to one of the free legal advice clinics that organisations supporting binational couples, immigrants and women in abusive relationships often offer.

In any case, after being in Germany for more than three years and having a German child, she does not have to be afraid that the authorities will try to remove her.