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I know that this topic was discussed so often. But I couldn't find the right answer which I need. Shortly I'm going to explain my situation.

I came to Germany in 2015 (January) and in 2017 I got my status for next 3 years. My boyfriend is Germany, we are together since 2015 and since 2016 we are living together and I'm also registered on his address. I'm a gay activist and in some cases, I want to be able to back to my country. Btw because of the persecution I got my asylum. With my boyfriend, we are planning to marry, which also makes me possible to have the opportunity going back (I guess). And one of the reasons for this marriage is to have a protection in case if something terrible will happen to me in my home country. I hope that this marriage can protect me in case of any persecution from my country regierung. As I see that for marrying I need to provide a birth certificate and document which proving that I'm not married in my country. Unfortunately, I don't have with me my birth certificate as I left my country in difficult circumstances. Regarding the other certificate, in my country, same-sex marriage is not legal and as a gay person, I never had a marriage there. To come to the conclusion, do you have any law based information to me how to proceed? In case if marriage will be possible, in which time period I will be able to travel? Or will be my asylum status automatically canceled? If yes, what should I do next? How will this marriage affect my health insurance and his taxes? Last questions are also really important for me because I don't want to cause a trouble for him.

Thanks in advance for your patience and answers.
asked May 1 in Legal advice by AtillaN (110 points)

1 Answer

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Hello @AtillaN

Welcome to the Wefugees community and thank you for your question.

It's true that you can't go back to your home country whilst being a refugee because you would lose your legal status automatically. As far as I can see, marrying a German and receiving a regular residence permit will enable you to go there without risking said residence permit. But you have to be aware that having only such a residence permit won't make you immune to governmental persecution in your home country. The German state probably can't/won't do much if you get in trouble over there, especially since you are not a German citizen.

Concerning the certificates that are missing: Get in touch with Standesamt and try to find out whether there is a way to get in contact with a German diplomatic representation (e.g. the embassy) in your home country or with an embassy of your home country. Maybe you can get your documents replaced this way. Of course you have to keep in mind that getting in contact with your home country's officials might cause trouble for your relatives that are still living there. So you have to decide if it's worth the risk or not. Also, note that you are not allowed to enter your home country's embassy in person because it would lead to a loss of your refugee protection status as well.

Regarding your soon-to-be husband's taxes: Married couples can do tax return together and save money that way. It is most effective to do this when one of the spouses earns significantly more than the other. I can't tell you if there are other implications that you have to keep in mind. Maybe someone else knows more about this aspect.

Best regards,

Thorgen

answered May 8 by Thor (56,410 points)
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