My residence permit depends on my spouse and I'm experiencing violence. Will I lose my permit if I leave?
The law explicitly counts domestic violence as particular hardship (besondere Härte). In that case the 3-year marriage requirement doesn't apply and you can apply for your own permit. Each case is reviewed individually, so get advice. In immediate danger, call 110.
Your safety comes first. If you're in immediate danger, call 110. For free 24/7 support in Turkish too: Hilfetelefon 116 016. In Berlin, the BIG Hotline 030 611 03 00 also helps you find a place in a women's shelter (Frauenhaus).
For women who came through family reunification, the residence permit is initially tied to the marriage. Normally you get your own independent right of residence after the marriage has lasted 3 years in Germany (Residence Act, § 31 AufenthG).
But the law says this 3-year requirement is waived in cases of particular hardship (besondere Härte). It states clearly: if you are a victim of domestic violence, you cannot be expected to continue the marriage. The Berlin Senate's page for women (Senatsverwaltung für Frauen) also says there is no time requirement in cases of particular hardship such as domestic violence.
So leaving because of violence does not automatically mean losing your permit. However, the decision depends on the immigration office's (Ausländerbehörde) review. It helps to document the violence (for example, the Gewaltschutzambulanz at Charité documents injuries, tel. 030 450570270) and to work together with a counselling centre.
Before going to the immigration office, talk to a women's counselling centre, a migrant women's project or a lawyer. The BIG Hotline and Hilfetelefon can point you to the right place. What you're going through is not your fault.
Where you can get help
- Aufenthaltsgesetz § 31
Independent residence right of spouses (legal text).
- Senatsverwaltung für Frauen: Migrantinnen und häusliche Gewalt
Counselling and protection for migrant women affected by domestic violence, incl. residence law.
- BIG Hotline Berlin 030 611 03 00
Advice on domestic violence in Berlin and referrals to women’s shelters.
- Hilfetelefon Gewalt gegen Frauen 116 016
Free, confidential 24/7 helpline for women experiencing violence. In many languages, including Turkish.
- Bezirksamt Lichtenberg: Hilfe bei Gewalt
Directory of Berlin counselling centres, women’s shelters and specialist services.
This information is based on community experience and is not legal advice. Rules can change; check important things with the responsible office.