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Hello ,
first i want to say thank you for what you have been doing here you guys are doing a great job. I need your help I am asylum seeker here in Germany I was rejected and I made appeal, on the process I apply for marriage with my German girlfriend and we got married last week they have not yet decide in court via my asylum ...I contacted my lawyer she said i have to pay some money for cancelling my asylum then open a new file....do i pay my lawyer or can i do it alone by bringing my paper's there at my city house? ??
asked Apr 22, 2018 in Legal advice by Agu
Hi Thor
Am new to this platform and am very elated to find a community where personal problems and ideas are discussed and shared for the purpose of better enlightenment by the great team.
My question is somewhat directed to Agu because hes obviously from my country.. pls i would like to know the nessesary documents dat was demanded from you from the standesamt and how long it took you to put it together from nigeria. I and my german boyfriend are planning on getting married too cz we av been livibg together for 2yrs now but am so scared to go seek for assylum here in germany because i actually did " human trafficking procedure " in holland wch was at the end of it all was rejected. But i found out from friends that in irder for us to be able to get married in germany , i have to seek for assylum. Pls i need a concrete advise on this matter as to what to do. Your replies would be highly appreciated!!! Thanks

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1 Answer

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Hello @Agu

Welcome to our community and thank you for your question!

Congratulations on your successful marriage first of all :)

I think what your lawyer means is to withdraw your asylum procedure and then to apply for a residence permit. You don't need the asylum procedure any longer to receive a residence permit because you have a right to get it through your marriage with an EU-citizen. Withdrawing the application doesn't cost you anything. But you will be charged a fee when applying for a residence permit. I don't know how much it is exactly as it depends on your place of residence and the legal-framework of the federal state that you live in.

I don't think you necessarily need a lawyer to apply for a residence permit in general, but since you've been rejected by BAMF already, I think it's good to have legal-support throughout the process. I'm not sure whether it's a good idea to withdraw your asylum application first and then apply for the residence permit. The Aufenthaltsgestattung that is valid for the duration of your asylum procedure legalises your stay. If you end the procedure you don't have this document that allows you to stay in Germany anymore. And it can take some time until you receive your residence permit instead.

If I were you, I would get back in contact with your lawyer and get precise advice on how to proceed. In my opinion it makes sense to let the appeal go on and to apply for residence permit at Ausländerbehörde in the meantime. Both procedures can run at the same time and it will be safer for you because you can't get deported until a final decision has been made on your asylum case. Hopefully you will receive a residence permit soon - then you can still withdraw your appeal.

Best regards,

Thorgen

answered Apr 23, 2018 by Thor
Thank you so much for your advice, so which auslanderbeoherder is responsible now my or from my wife???
I'm glad to hear that my answer was helpful to you!

As far as I can see it's still the same Ausländerbehörde for you.
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