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So I applied for asylum now in Germany and am planning to marry my girlfriend. We had got all the documents and when we took them to Rathaus the lady said I should give my passport to the Migration/Government otherwise she will have to do it when we go for registration. But she took the photo copies of it and she gave it back. My question is

1 how do I get the residence permit to stay after marriage
, do I have to apply for family reunification even when my asylum is still going or I don't have to wait for the decision from the BAMF ? How do I do it ?

2 if I don't give my passport what will happen? Will we still be allowed to marry or it will not be allowed?

3 How long does it usually take to get married ?

4 Will I get my passport back after marriage?

5 Will the Migration allow us to get married even tho am an asylum seeker ?

6 Can the Migration depot me after the registration of the marriage?

Sorry for many questions, I hope you can help. Thanks so much .
asked Dec 11, 2017 in Legal advice by Hazel

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1 Answer

+2 votes
Hello @Hazel - nice to hear from you again!

6. Can the Migration deport me after the registration of the marriage?

That depends on your girlfriend’s nationality/legal status. If she holds a German or EU passport then you have a right to stay with her (you will get a residence permit). You don’t need to have an asylum procedure at BAMF anymore in that case.

If she is a refugee with a residence permit then you can apply for family reunion after the wedding to live with her.

If your fiancé doesn’t fit the criteria listed above (for example if she is an asylum seeker) then you won’t be granted a residence permit through your marriage. In that case you still need to go through a regular asylum procedure.

1. How do I get the residence permit to stay after marriage? Do I have to apply for family reunification even when my asylum is still going or I don't have to wait for the decision from BAMF? How do I do it?

As I said above that depends on your fiancé’s nationality/legal status.

If the marriage with her entitles you to get a residence permit, you can apply for that at Ausländerbehörde.

2. If I don't give my passport what will happen? Will we still be allowed to marry or it will not be allowed?

You need to hand in your passport at Standesamt (registry office) in order to marry. I read that in some cases an expired passport might also work, but that might vary depending on the Standesamt you go to. I’d recommend to get in contact with them to find out what options you have.

3. How long does it usually take to get married?

You have to register your planned marriage at Standesamt. The earliest point in time when you can do this is 6 months before your wedding day. Keep in mind that it might take awhile to gather all the required documents.

4. Will I get my passport back after marriage?

Standesamt won’t keep your passport after marriage. They just need it to check your identity.

5. Will the Migration allow us to get married even though I’m an asylum seeker?

Yes, you are allowed to marry in Germany as an asylum seeker. Neither BAMF nor Ausländerbehörde are allowed to deny you this right.

I hope this answer was helpful to you!

Best regards,
Thorgen
answered Dec 15, 2017 by Thor
Hey thanks so much , this has been so helpful, My fiancé is Germany Citizen and holds the Germany Passport and I gave in my passport to BAMF as the lady at the Standsment said she can’t send in the papers for marriage if I don’t give it in. However we have done the registration now and waiting to hear from the high court I think.

How do I apply for residence permit at theAusländerbehorde ? How long is the residence permit valid for ?
Hello @Hazel - I'm glad to hear that my answer was helpful to you! Unfortunately I don’t know how exactly you apply for a residence permit at Ausländerbehörde. Get in contact with them to find out about the procedure. Probably you need an appointment and most likely there is a form that you need to fill in and a number of documents you need to provide (passport, certificate of marriage etc.).
Your residence permit will be valid for 3 years. After that you can apply for a settlement permit (“Niederlassungserlaubnis”) that will give you a permanent right to reside. But you have to fulfill a number of requirements for that. For example you need to live together with your partner for the whole three years (and ongoing), you need to have German skills on B1 level (or higher) and you need to have a job that makes you independent from benefits.
We had a question circling around a similar topic here on Wefugees a while ago. It might be of interest for you too. Check out the following link for further information: https://www.wefugees.de/k/questions/2162). Best regards, Thorgen
Thanks Thor,

As an asylum seeker, after getting married I wanna pull out my asylum case from the BAMF, so that I apply for the marriage residency permit. Can the Auslaänderbehörde tell me to go back to my country and get a proper visa? Am asking coz I’ve read somewhere in the community about this, As in my case I can’t go back to my country coz it’s dangerous for me. What are the chances that they ask me to go back to my country and how long does it take to get a marriage date after registration? Sorry for many questions but I appreciate your help so much .
Hello @Hazel

No need to apologize for asking questions - that's what this community is made for ;)

What you say is correct. As Steven outlined in his answer that I linked above, Ausländerbehörde might ask you to leave the country first, before you can re-enter with a proper visa in order to apply for your Aufenthaltserlaubnis. Unfortunately I'm not familiar enough with the decision making process of Ausländerbehörde to tell you why certain people have to get a visa and some don't.

Concerning your other question: When you go to Standesamt to tell them that you want to marry, you can discuss your preferred wedding day with them. It depends on their workload how long you have to wait until the next free slot is available. Maybe they can give you a date within the next couple of weeks.

Best regards,
Thorgen
Hey again, so after getting married, can I just withdraw my case even if it has not been completed? Coz if I withdraw it then I have no legal residency coz maybe the take the temporary residence ID I have. Can I still apply for a residence permit on grounds of marriage and can they still process the case even if my legal residence is taken ? Am not sure wether they take it by the way but am just wondering what happens when I withdraw my asylum case and apply on marriage grounds. Thanks again
Hello @Hazel - Yes, they will most likely take the residence status if you withdraw your application. It's definitely safer to always have some sort of residence title (even if it's just the Aufenthaltsgestattung) because you can't stay in Germany without one. You can just stay in your asylum procedure for the time it takes to get a proper residence permit through the marriage. It might take a while though which is why I also recommend to keep your asylum procedure going. Best regards, Thorgen
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