Is there a risk of deportation after being rejected while waiting for marriage?

Question

hallo iam from pakistan . i work since 2 year with unlimted contract .. and i live with my german girl freind . last year we want to marry and we give all requierd dacuments in standsamt and they speak that they proof in my home land that iam single or not ... my asyl is rejected from BAMF and then i make once appeal in court .. now i become answer that my application also rejected from court .. now i have quastion that still my docoments not arrived in standsamt that iam single and i dont have still any date for marraige . and my passport also in auslander... quastion is that in this status they can send me back in my home land becouse my application in court also rejected but still i dont become any duldung ..but they write i have 14 days for once more appeal in court ... please give me some advise what i should make .. iam affaired that they send me back ..

Answer 1

Hello @uzma

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

This is a tricky situation. First of all, the asylum procedure and the marriage procedure are not directly linked to each other. That's why it can happen that Ausländerbehörde wants to deport you even though you are planning to marry.

The problem is that you need documents that allow you to stay in Germany in order to get married (e.g. Aufenthaltsgestattung during the asylum procedure or Duldung or a residence permit after the procedure). If your asylum procedure ends with a negative result your Aufenthaltsgestattung expires. If you don't get a Duldung you might get deported real quickly especially since authorities already got your passport.

If you have the option to appeal once more, I would do it. It gives you a little more time to wait for your certificate of no impediment to arrive. If Standesamt got all the required documents they can give you a document that states the wedding date. If you can prove to Ausländerbehörde that your wedding is imminent with said document, then they can decide to postpone deportation and give you a Duldung instead. After getting married you can apply for a residence permit.

Best regards,

Thorgen