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Dear Wefugees and members,
i am as asylum seeker stays in Germany,my case is still in processes,my fiance is and EU stat member,we both are working in Germany,we want to marry and registered our marriage in Deutchland But its quite difficult to do so,how ever we both have almost all documents but still seems not possible,some one suggest me to go Denmark,but i have no permission to go or travel to denmark,please suggest me any solution we both are really worry and unable to find out the way,wating for reply thanks
asked Dec 20, 2017 in Legal advice by Shah05 (110 points)
Hello @Shah05 - Thank you for your question and welcome to our community! May I ask what exactly you are having problems with? Did you go to the registry office (Standesamt)? If so, what did they tell you? And what documents are you still missing? I'm just trying to get a better overview of the situation. Best regards, Thorgen
thanks for reply,almost all documents are completed from both of us which standesamt required,1st problem is Auslenderbehorde is not allowing me to change my "Enmeldung" with my fiance which is also very important to have same residence in one place,but i am not allowed to move in other "Krise"
secondly i am on asylum status and my case is under process,its also risky to show my passport to Standesamt,we both are so worry how to solve the issue,still living far from each other i go to meet her once or twice in month,please suggest me what to do?thanks

1 Answer

+1 vote
Hello @Shah05

It’s true that you are obliged to live in a specified area/city whilst you are in the procedure. But only if you receive benefits from the state at that time. If you get a job that makes you independent from benefits, you can choose where you want to live yourself. In theory that would enable you to move in with your fiancé.

But you said that you have a job. So what did Ausländerbehörde say to justify their decision to not allow you to move? It could be that you are only allowed to move within your “Kreis” whilst you are still an asylum seeker even if you have a job. Maybe you should get in contact with a local counselling center or (if necessary) even a lawyer.

Concerning the other topic you mentioned:

It’s correct that it’s risky to hand in your passport at Standesamt if you are still in the asylum process. Standesamt might inform Ausländerbehörde about it. In case Ausländerbehörde wants to deport you later on, they already know that you have valid documents to prove your identity.

On the other hand, the mechanism outlined above only comes into play if your procedure ends with a negative result. In case you expect a positive outcome, or if you just recently applied, you can try to marry before that date (because it’s going to take a while until you’ll receive a decision). And even if your application gets denied you can appeal to have more time to prepare the marriage. Also, if your marriage is imminent you can try to avoid deportation. Probably you will get some kind of document by Standesamt that contains information about your wedding date. You can try to use it in order to prove that your wedding is imminent and thereby to suspend possible deportation.

As soon as you are married to a EU citizen, you are entitled to get a residence permit that allows you to stay and you don't need to wait for the result by BAMF any longer. Of course it’s still a risk to hand in your passport at Standesamt, but there is no way to marry without it (or another proof of identity).

Best regards,
answered Jan 17 by Thor (38,100 points)
Dear Thorgen, i am really thankful to you for your attention and suggestions, as you said i have tried to find a job in an other Krise where my fiance live, but all the employees said i am not allowed to work from outside my Krise, so if couldn't have any work contract there, my auslenderbehorde will not allow me to transfer there as well as we can't make a same proof of residence which is required by Standesamt, i don't think we can register our marriage if we are living in different places, so this is my first issue, Secondly i also know its huge risk to handover my passport to Standesamt, that makes me so confused how to tackle to issue!
Hello @Shah05 - I’m glad to hear that my answer was helpful to you. However I’m not sure in how far I can help you right now in this situation. Probably it’s best that you consult a local counselling center so that they can take a look at your case in detail (if you tell us where you live, we can do some research about such initiatives). Based on the information that I got about your case it seems that you will have to stay in your Kreis until further notice if Ausländerbehörde says so. Also I can’t really give you advice what’s best to do concerning the passport, except giving you a heads-up about the risks. Best regards, Thorgen
It's not an option that your fiancé moves to your Kreis, correct?
Thanks Thor once again, well after a long discussion and consulting  with experts, i realized that its almost impossible to get a way in Germany, anyhow i live in Friedrichfeld Krise "Wesel" and my fiance she lives in KASSEL karise "HESSEN", we want to live together in KASSEL but i am not allowed to work there not even to move my residence,, we met in England in 2011, we studied there and work together till 2014, i went back home country after my studies, there i had some problems, due to which life is under threat and i run away from there, now i can't go back home, nor cannot stay with my fiance and marry her,neither can't have better opportunity to have a better life here due to number of restrictions, but i won't stop my struggle to get out from the issues,now we both are thinking seriously to leave Germany,i do appreciate you for giving me your time and suggestions thanks(best regards)
Hello @Shah05 - I did some research concerning counseling centers that you can go to. I don’t know in how far you already know them, but maybe you want to give them a shot. You can visit a counselling center by AWO every Wednesday between 9-12 o’clock at Kaiserring 12-14 and ask them your questions.
I’m sorry to hear that you are facing such a frustrating situation. Nonetheless I still wish you all the best for the future with your fiancé. Best regards, Thorgen
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