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+1 vote
Plzz help me.I have italian 5 years subsidery protection and then i got married with German unlimited residence holder and i also get 1 year grman resdidence permit. I have 1 question that does German residence permit effect my italian protection status? Plzz answer me.
asked Feb 21 in Legal advice by Wasi (120 points)
Hello @Wasi - thank you for your question and welcome to our community. Who are you married to - is it a EU citizen? And may I ask what type of residence permit you got (what name is written on it)? It could be that it outweighs your subsidiary protection status and grants you more rights, but we need to have a little more information to tell you more. Best regards, Thorgen
Thank alot for your nice reply. On my residence permit from italy its written on it sussidiaria and its valid for 5 years. And  on my German residence permit its written on it Aufenthaltstitel.and my wife has unlimited residence permit of germany which she got on the base of asylum.
Thank you so much for detailed reply. I want to know one more thing that if in any case if my German residence permit not renew then? Then i dont have any right to stay in Germany and Italy also? Even if i am recognised refugee.
And one more thing that if i myself dont show or tell italian authorities then i dont think so they will know it.?

1 Answer

+2 votes
Hello @Wasi

Thank you for clarifying the situation.

If your wife has an unlimited residence permit then it’s a so-called Niederlassungserlaubnis (=settlement permit). That entitles her to bring her core family (husband and children) to Germany.

It’s not unusual that Ausländerbehörde (the German aliens department) issues your residence permit for just one year first. They put you under general suspicion that you just got married in order to get a better legal status. So what they do, is to check after one year if you are still living together. Then you usually get a residence permit that is valid for two years (and then a settlement permit after these two years).

It’s in the nature of things that a residence permit grants you more rights than subsidiary protection (for example you are allowed to move to Germany). The downside of it is its much shorter period of validity and that you have to renew it after one year.

Concerning the effects of your German residence permit on your subsidiary protection status in Italy: Italy granted you subsidiary protection because your home country was not able/willing to do so. Getting a residence permit in Germany basically shows Italian authorities that you don’t need their protection anymore. That’s why I assume that your subsidiary protection status expires as soon as they find out about your legal status in Germany.

Best regards,
Thorgen
answered Feb 22 by Thor (56,410 points)
Thank you so much for detailed reply. I want to know one more thing that if in any case if my German residence permit not renew then? Then i dont have any right to stay in Germany and Italy also? Even if i am recognised refugee.
Hello @Wasi - As I said, it could be that you are not considered as a recognized refugee anymore by Italian authorities. From Italy’s point of view Germany is now responsible. You don’t have to tell Italian authorities about your new legal status in Germany of course, but they can probably withdraw your subsidiary protection status (retroactively) if they find out. Germany on the other hand gave you a residence permit because of your marriage, not because you fled your home country. So it could happen that you don’t have a residence permit for Italy and Germany in the end. But as long as you can prove German authorities that you are still living together with your wife, there shouldn’t be problems getting a new residence permit for Germany after a year. Best regards, Thorgen
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