M Titel Rights of foreign women

ML2	Forms of violence
ML3	Separation
ML4	Residence law (Aufenthaltsgesetz)
ML5	Nationalities of the children
ML6	Social welfare (Hilfe zum Lebensunterhalt)
ML7	Child benefits (Kindergeld)
____________________________________________________________

M1

Like native women, foreign women are also affected by domestic violence. Violence in foreigners' families is also wrong and should not be excused as a cultural difference.

Different forms of violence, such as intimidation, social isolation, psychological, economic, physical and sexual violence also serve to maintain power and control - but, in such cases, foreign women are more easily isolated.
____________________________________________________________

M2

Isolation and control:

• The woman is forbidden to attend a German language course.
 
• She is not allowed to leave the house; not allowed to make phone calls. He is in contact with her family in her native country - and claims, for example, that she has committed adultery, making it more difficult for her to return.

• He threatens to report her to the immigration authorities in order to have her deported and to take the children away.

• He refuses to accompany her when dealing with matters concerning the authorities, etc.

• He continually points out her inferiority and helplessness in order to humiliate her.
____________________________________________________________

M3

There are always ways to escape from abusive relationships, no matter what kind of residential status you have; regardless of whether you have a limited or unlimited residence permit, for instance a right of residence or only an exceptional right to remain.

Read the other sections, because the law also protects you from violence, and some authorities can help you should you leave your partner.

Nevertheless, you should first look at a few special items that apply specifically to foreigners:
__________________________________________________________

M4
Police

When you call the police, you can request an
interpreter (DolmetscherIn)
or interpreting over the phone.
Do not allow your husband to interpret.
The police can give you
addresses of supportive organisations that include women's shelters (Frauenhäuser), shelter apartments (Zufluchtswohnungen), counselling centres (Beratungsstellen).

When you
leave the apartment,
be sure to take any important documents with you,
above all your passport with your residence permit (Aufenthaltstitel), and an emergency bag (see the chapter on “Preparation”).

Do not leave your children behind.
In order to prevent an abduction, immediately apply for the temporary right to determine the children's place of residence (vorläufiges Aufenthaltsbestimmungsrecht).

____________________________________________________________

M5

Fleeing to a women's shelter
does not necessarily mean divorce.
The immigration authorities are not automatically notified by the police.
Many men claim this will happen in order to scare women. However, you cannot eliminate the risk that the abuser himself will notify the authorities.

Many foreign women live in women's shelters.
You can receive counselling in your native language
from the foreign staff or through an interpreter. Female employees in a women's shelter can also counsel you on matters regarding the status of your legal residence.

Women's shelters and counselling centres can give you the addresses of lawyers
who specialise in residence law (Aufenthaltsgesetz).
____________________________________________________________

M6

Right of Residence (Aufenthaltsrecht)
If a foreigner has no legal residential status and wants to avoid deportation, it is imperative that she seek legal advice.
Women's shelters and counselling centres know such lawyers who specialise in laws concerning right of residence.

M7

Rights of residence in Germany (Aufenthaltsgesetz)
According to section 31 of German Law concerning right of residence, women obtain their own right to reside in Germany after two years of marital cohabitation (and not, as previously, after four years of marriage).
In cases where separation was due to extraordinary hardship (sexual abuse in the family, substantial bodily harm inflicted by the husband), this right can be granted earlier.
____________________________________________________________

M10      (Germany)

Nationality of the children
As the mother of children with German citizenship, who lives with the children, a foreign woman can obtain a residence permit (Aufenthaltserlaubnis).

• Legitimate children of a German father receive his nationality at birth.

• Illegitimate children of a German father, born after 1 July 1993, also receive his nationality at birth if German paternity has been established or acknowledged.

• As of 1 January 2000, a child of foreign parents has German citizenship if one of the parents has resided legally and regularly in Germany for the past eight years, and if this parent has the right to reside or has an unlimited residence permit (unbefristete Aufenthaltserlaubnis).
____________________________________________________________

M13

Social welfare in Germany
Generally, all foreign women who have legal residence status can receive financial support, in the form of welfare (Hilfe zum Lebensunterhalt) or a smaller amount under the law concerning asylum applicants (Asylbewerberleistungsgesetz). In some German states (Länder), the social welfare office notifies the immigration authorities, in other states they do not.
If a foreign woman is on welfare, she must start working and stop receiving welfare payments within a year if she does not want to risk losing her residence permit. This is often difficult due to having small children and the lack of a work permit (Arbeitserlaubnis).

____________________________________________________________

M15

Child benefits (Kindergeld) and a family allowance (Elterngeld)
is available to women with a residence permit (Aufenthaltserlaubnis) or a right of residence (Niederlassungserlaubnis) in Germany. To learn more about achieving this, see: “First steps > Children’s benefits”

____________________________________________________________