FAQs - EU spouses and children

NO - Under EU law, you can continue to live in Germany without any conditions because you've been living there legally for 5 years.

He should have no problems with residence in Spain, which recognises same-sex marriages.

However, not all EU countries treat registered same-sex spouses / partners in the same way. In these countries, partner's right to stay is not automatic and will be assessed by the national authorities on a case-by-case basis.

NO - You retain the right of residence in Germany even after the divorce as long as you are employed or self-employed or if you can demonstrate that you have sufficient resources and comprehensive health insurance. The same rules apply if your spouse leaves Germany, or in the event of his death.

NO - You can continue to live in Austria because you've been legally resident there for 5 years. Your right of permanent residence is no longer subject to the condition of sufficient resources.

See main information on this topic

EU legislation

Last checked: 04/08/2023
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