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German Law/Staying in Germany after death of German husband


can i stay in germany after the death of my german husband? im unemployed and been here 2 years now. what is my legal rights as a deceased husband has one son. he is now 33 years old.

Dear Jing,

I am very sorry to hear about your husband's death.

Unfortunately, you would have needed to stay in Germany for three years at least in order to receive a residence permit which is independent of the marriage ( 31 I nr. 1 AufenthG).

You can therefore only remain in Germany if you apply for a different residence permit based on another reason, either as a student, for employment or as a businessperson.

Andreas Moser

German Law

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Andreas Moser


Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.


Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.


2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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