I'm married to a German woman - what are my options to stay in Germany?

Question

iam algerian came to germany with france  shenguen visa.i married german girl its been 8 months. then i was in france to treat my prob because i have tumor,and tooth problem, the german police arested me when i comeback to france and they take my passeport because my visa is died , and i said to police i make asil and  i was free after auslanderbehord of my region freiberg said you will not have any thing because you are illegal, i take a lawyer and he get me duldung . the question they can expel me in algeria, ? i can make asil . i can travel to others country with my mariage certificat, i fear to return in algeria and i can not comeback. i dont know what i can doing , where is the humain right , i want see a doctor for my medical  problem, for this moment i cant because i have nothing. i know my wife since 4 years she is teacher and iam informatique enginer , auslanderbehord said i have not right to be here in germany. thank you iam verry sad

Answer 1

Hello @mama

First of all, I'd like to ask a few questions to get a better overview of your situation and because I'm not sure if I understood you correctly: Did you already apply for asylum? Did you already get Duldung?

Now let me try to answer your question(s):

I assume that your Schengen visa expired. That would explain why police arrested you when you came back from France.

To legalize your stay it would be best if you went back to Algeria in order to return to Germany with a proper visa (please keep in mind the answer that I gave you to your other question in this regard: https://***.wefugees.de/800203/married-german-woman-have-back-home-country-come-back-with-visa?show=800206#a800206). Of course that's time consuming and expensive (and it seems to be totally unncessary), but it's lawful for Ausländerbehörde to ask you to do that. I'm not familiar with the situation in Algeria and the details of your case, so I can't tell you if you will be able to return or not. You have to decide on your own if you are willing to take that risk. But it would be the safest way to get a residence permit that allows you to stay in Germany with your wife permanently.

The other option would be to legalize your stay by applying for asylum (if you didn't do that already). But keep in mind that the residence permit you get through your marriage grants you way more rights (e.g. you will be allowed to live/work in EU). In addition, you don't know the outcome of your asylum procedure and you could end up being rejected.

Best regards,

Thorgen

Comments

I dont made Asylum before.  and when i have given m'y document to merry i have visa . It was Lang  6moths and After m'y visa dire

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Auslanderbehord gived me duldung. With out making asyle . Befor they Saïd i can not have anythink. I dont know if i go in algeria . If i can comback to germany. But it taie 8months or 1 year.

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hello, the auslanderbehord said i must go in algeria and comme back with visa familiy , but probleme algerian embassy dont give me papier , what can i doing?

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Thank you @mama for clarifying the issue.

You should keep in mind that Duldung is not a residence permit and it won't grant you the right to stay in Germany in the long-run. It basically means that your deportation has been suspended (for whatever reasons) until further notice.

So in order to be able to stay with your wife you should consider one of the two ways I outlined above. I know that going to your home country is a dangerous option. So maybe you should try to get in contact with a counselling center to find out about your chances of getting asylum. Being an asylum seeker doesn’t grant you as many rights as being a residence permit holder, but at least you can stay in Germany for the duration of the procedure. Also it will legalize your stay. If the situation in your home country gets better in the meantime, maybe you can go there at a later point in time to get the visa you need.

Best regards,

Thorgen