Section 53. Continuation of a residence permit on an independent basis

A foreign national who holds a residence permit under sections 40 or 41 shall upon application be granted a new residence permit on an independent basis if:

a.
the marriage or cohabitation has ceased on account of the sponsor’s death, unless particular reasons indicate otherwise, or
b.
the marriage or cohabitation has ceased, and there is reason to assume that the foreign national or any children have been abused during the cohabitation relationship.

A new residence permit on an independent basis may, upon application, also be granted to a foreign national who holds a residence permit under sections 40 or 41, if as a result of the breakdown of the marriage or cohabitation the foreign national will experience unreasonable difficulties in his or her country of origin on account of the social or cultural conditions there.

Where legal proceedings are instituted under section 16, third paragraph, or section 23, third paragraph, of the Act of 4 July 1991 No. 47 on Marriage, a foreign national who thereby loses his or her basis for residence as a spouse shall upon application be granted a new residence permit on an independent basis unless particular reasons indicate otherwise. The permit shall be granted for six months at a time until an legally binding decision has been made. If the marriage is nullified or dissolved by divorce, the foreign national shall upon application be granted a new permit on an independent basis, provided that the applicant has not used force or been complicit in the use of force in connection with entry into the marriage.