I am married - shall I still go to the interview at BAMF?

Question

Hello, i am looking for a cleared legal advice, concerning to my situation i got marriage since last september, and i applied for my transfer "Umverteilung" to stay with my wife here in Berlin.

I reveived a first invitation from the Bamf, after the wedding to and unfortunately i didnt go for it.

And then again today they sent me another invitation of going for interview by next week, so i definitely didnt still want to go for it.

so i am asking if thats still a good decession for me to take or not, and if that could make some compliments or not?

Am really looking forward to hearing from who ever wants to give an answer to this, as soon as possible.

Comments

Hello @Yaffa Nice to hear from you again! Before I give you an answer to your question I'd like to know one thing: Is your wife a European citizen? Best regards, Thorgen

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Yes she is a German citizen living here in Berlin.
But I am registered in the south Reutlingen for my asylum.

Answer 1

Thank you for clarifying the issue @Yaffa

Your wife is a German citizen. Therefore you are entitled to get an "Aufenthaltserlaubnis" (residence permit) that allows you to stay in Germany for 3 years. You have to apply for it at Ausländerbehörde. In the meantime you still have "Aufenthaltsgestattung" that allows you to stay for the duration of your asylum procedure.

Here is the crux of the matter: It might take a while to get your residence permit by Ausländerbehörde. The only thing that allows you to stay here until then is your Aufenthaltsgestattung. That's why I recommend you to cooperate with BAMF and to take part in the asylum procedure. Go to the interview and wait for their decision - it's going to take a while to receive it anyway. In the meantime you can get your residence permit. Otherwise, if you don't cooperate, BAMF might cancel your case because you are not coming to the appointments. That's an unnecessary risk that you can easily avoid.

Of course you don't need refugee protection if you already have a residence permit (that gives you more rights, by the way). As soon as you got it, you can withdraw your application at BAMF.

Best regards,

Thorgen