Domestic Violence in Marriage: Why Victims Don't Have to Give Up Their Right to Stay in Germany

When a foreign spouse moves to Germany to live with their partner, their residence status is initially tied closely to that marriage. For many people trapped in abusive relationships, this becomes a real danger: they stay because they believe that separating from their partner means losing their right to remain in the country. In most cases, that fear is unfounded — German lawmakers created a dedicated protection under Section 31 of the German Residence Act (Aufenthaltsgesetz, AufenthG) for exactly this situation.

The general rule: three years of married life together

Under Section 31(1) AufenthG, a foreign spouse normally becomes entitled to an independent residence permit — no longer dependent on their partner — once the marital union has lawfully existed in Germany for at least three years. This independent permit is initially granted for one year and, unlike the original permit, is no longer tied to the purpose of spousal reunification.

For victims of violence, this waiting period is often the exact obstacle standing in their way: anyone who has been married only a short time, or has lived in Germany only briefly, simply doesn't meet the three-year threshold — and it is precisely during this early phase of marriage that people are most vulnerable and most in need of protection.

The way out in cases of hardship: Section 31(2) AufenthG

For these situations, the law provides an exception. The minimum three-year requirement can be waived where necessary to avoid an undue hardship. As a clear example of such hardship, the law expressly names situations in which continuing the marriage would be unreasonable for the affected spouse because it would harm their legitimate interests — in particular, when that spouse has become a victim of domestic violence.

In practical terms, this means: even after just a few months of marriage or residence in Germany, a person can be granted an independent residence permit if domestic violence can be shown — regardless of whether the abusive partner agrees, objects, or says anything at all.

What counts as domestic violence?

German immigration authorities interpret this term broadly. It includes, among other things:

physical assault, psychological pressure and coercion, repeated threats and intimidation, financial control extending to isolation from family and friends, and sexual violence within the marriage.

When children are involved

If a shared child lives in the household, the child's welfare is treated as its own protected interest when authorities assess whether a hardship exists. This can further support a hardship claim — for example, if returning to the country of origin would endanger the child's wellbeing, or if the child witnessed the violence firsthand.

How can domestic violence be proven?

In practice, the real challenge is often not the law itself but providing proof. Suitable evidence includes:

medical certificates and treatment records, police reports, incident logs, or official protective removal orders, court-issued protection orders under the Gewaltschutzgesetz (Protection Against Violence Act), confirmations from women's shelters or counseling centers, and statements from people close to the victim.

A criminal conviction of the abusive partner is not required — the immigration authority decides based on an overall assessment of all available evidence.

What victims should keep in mind

The application for an independent residence permit should be filed as soon as possible after moving out of the shared home, to avoid missing any deadlines. Anyone relying on basic income support (Bürgergeld) after separating shouldn't be discouraged by this: receiving social benefits generally does not stand in the way of extending an independent residence right under Section 31(4) AufenthG. And the earlier a victim seeks support — from women's shelters, specialized counseling centers, or a law firm focused on immigration law — the better their situation can be documented and legally secured.

Bottom line

No one has to remain in an abusive marriage out of fear of losing their right to stay in Germany. Section 31(2) AufenthG exists precisely to override the standard three-year waiting period and open a path to an independent life for those affected. What matters most is careful documentation of the situation and getting legal support early.

If you're facing this situation, or want to know whether your case qualifies as a hardship case, feel free to reach out — I can advise you on your options under Section 31 AufenthG.

This article does not replace individual legal advice.