Here you can ask, answer and find questions surrounding the topic: arriving in Germany
Hello,

I'm a UK citizen living in Austria with my boyfriend who is an asylum seeker from Iran. He has had his asylum claim rejected and he has filed for an appeal. We have been together for two years and are thinking about getting engaged.

We want to move to the UK! This is a very important point...

1) Is it possible to move to the UK and claim asylum there even though he has applied for asylum in Austria and been rejected?

2) Can we get married in Austria? The authorities have his ID documents which he took along to prove his ID so he doesn't have ID yet. If we got married here, can we then get a visa for the UK?

Basically, how can we move to the UK together?!

Thanks in advance,

Emily
asked May 8 in Legal advice by flyinglampost

Please log in or register to answer this question.

1 Answer

0 votes

Hello Emily @flyinglampost

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

1) No, it's not possible to apply for asylum in another country that signed the Dublin III convention. The UK will check back with the EURODAC database and find out that he already claimed asylum in Austria before. Hence he will be sent back.

2) In general it should be possible to marry in Austria if you can provide the required documents. Get in contact with the competent registry office ("Standesamt") and ask them about the details. Both of you will most likely have to hand in a valid passport, a certificate of birth, an official confirmation of residence ("Meldebestätigung") and a certificate of no impediment that proves that both of you are eligible to marry. At least that's what I found out through some research on the internet.

In general, foreign documents that aren't written in German need to be translated by a verified translator. You need to submit both the translation and the original document. Maybe there are special agreements between Austria and Iran regarding acceptance of each others documents. The officials at registry office can tell you more about that.

Regarding your wish to live together in the UK:

There is a quite useful website provided by the British government where you find extensive information on how to settle in the UK permanently:

https://www.gov.uk/browse/visas-immigration

First of all, your partner needs to get a "partner of a settled person" visa. For a married person it's valid for 2,5 years. After this time he will need to apply to extend his stay. Please check out the following link to get more detailed insights:

https://www.gov.uk/uk-family-visa/partner-spouse

After having lived in the UK for 5 or 10 years with such a visa he can apply for a permanent residence permit (a so-called "indefinite leave to remain"). As far as I can see the duration depends on the requirements he needs to fulfil (e.g. there are no financial requirements if he choses the 10-year route). Here you find the details:

https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/yes/some-other-way/partner/you-re-still-with-your-partner

Since we are mostly focussing on questions about the German asylum system etc. it might be a good idea to get in touch with British organisations that are more familiar with the legal framework overseas. As a start, here are two links that you can check out:

https://www.refugee-action.org.uk/our-services/help-and-advice/

https://www.refugeecouncil.org.uk/how_can_we_help_you/i_am_a_refugee_looking_for_advice

Best regards,

Thorgen

answered May 9 by Thor
1,874 questions
2,490 answers
3,862 comments
39,220 users