How to proceed after rejection by BAMF and marriage to a German?

Question

Greetings to the house.. I commend your good efforts on this platform. Thank you

My question is a brother recently got married to a German. He's asylum was already rejected and he had his appeal against the rejected still running until he got married, immediately he got married, his lawyer withdrew his asylum application and applied for his resident permit directly to the auslanderbehorde in the city where he's wife lives. He got an appointment with the auslanderbehorde in his wife's city but the date is too far away (3 months).. meanwhile he got a letter from the auslanderbehorde in his city to bring back he's 6 months Ausweiss and they gave him a duldung for one month and asked for his passport.

But he won't submit his passport because he fears deportation. Please he is married to a German woman and the marriage was done here in germany. Can he still be deported ? Don't the auslanderbehorde in his city see it that he is marrried? Why duldung ?

Answer 1

Hello @Zere

Nice to hear from you again!

I think it was a mistake to withdraw the asylum application because your brother didn't get his residence permit yet. As long as he was still in the asylum procedure he had an Aufenthaltsgestattung which made his stay legal.

Now the situation is the following: It's true that he can get deported even though he is married to a German. At the moment he neither has a residence permit nor is he an asylum seeker with Aufenthaltsgestattung. So it's lawful for Ausländerbehörde to just give him Duldung and to ask him to leave the country after it expires (respectively to deport him if they get his passport).

The dilemma is that he most likely has to submit his passport at Ausländerbehörde when he wants to apply for the residence permit anyway. So Ausländerbehörde could still deport him at that point. And apart from that it might happen that he has to go back to his home country in order to come back to Germany with a proper visa. Then he will be able to get a residence permit. Please check out the following link for further information:

https://***.wefugees.de/102162/married-german-have-back-home-country-come-here-again-with-visa?show=102162#q102162

May I ask what your brother's lawyer recommended to do? He probably has a much better overview of the situation and can give more precise advice.

Best regards,

Thorgen

Comments

Hello and greetings.
Thank you very much for the advice and quick response to my question. I appreciate what your kind efforts with advice and helpful answers to very critical issues on this platform. Thank you

His lawyer was the one who suggested that it's better to withdraw his asylum application in order to make it faster for him to apply directly to the auslanderbehorde in his wife's city. He said normally it would be that he gets to apply for a family reunion transfer to merge with his wife if he was still on the asylum and that takes quite sometime. A few months maybe and time is not on his side at the moment because he has a court hearing already 2 weeks after his wedding.

The reasons are that since he had his appeal against his rejection running and already got a termine to come to court for his hearing which was just 2 weeks after he finally was able to get married. So he withdrew the case and then applied for a resident permit for him. But unluckily he got a termine with the auslanderbehorde in his wife's city 3 months away. He got a duldung and was asked to sign a paper if he willingly would return to his country, but he said he would not return willingly and signed. Please what is the implication of this paper he signed? Can it be used against him?

Also he noticed his lawyer is not well experienced with this particular situation. That's why we are here asking for advice. How often does it happen to asylum seekers married to Germans that they have to go back to their country of origin and apply for a visa to return? Is it a worse case situation or a regular occurrence? Will a very good lawyer win the case for him to remain here? Changing to a much better lawyer could be an considerable option for him.

Thank you very much and God bless