How can I get married without being deported?

Question

Hello!

I am a student from Spain and i am  living in Austria since 2 years and a half.

I moved to Austria to be with my fiancé and study in the university.

My fiancé is from Afghanistan, he was an asylum seeker since 2014, in 2015 his answer was a negative he made an appeal and in 2018 his answer was again a negative and that he must to leave the country or he will be deported. We are toghether since 2016 and we wanted to get married when i finish my studies but the situation is now like this that we cant wait 2 years more to get married.

HERE START THE IMPORTANT QUESTIONS.

He is already for 6 months living illegal here, that means we can´t get married in the register office because the police can come in the day of our wedding and deport him.

1.- WHERE CAN WE MARRY THAT HE IS NOT DEPORTED ? IN WICH COUNTRY IN EUROPE?

2.- HOW HE CAN APPLY FOR A TOURIST VISA BEING ALREADY IN AUSTRIA ILLEGAL ? HOW TO APPLY FOR A WEDDING VISA IF IT IS POSSIBLE?

PLEASE I need fast solutions we are trying to get married since April so we have already the necessary documents for the marriage... the problem is that he is in danger to be deported or to be catched, because if we go for example to germany or Dennmark to get married they will ask him how he got into the country without a visa or in the worst moment they could even deport him and i dont want that!! please help me ! I don´t want he suffer more psychologically.

THANKS in andvance!

greetings

Answer 1

Hello @heidideloscampos, welcome in the community and thank you for sharing your situation with us. In your specific case, there some hindering factors in order to get married: - in any other EU country your fiance needs valid travel documents. He wont be ablt to apply in Austria for a Visa, if he has been living there 6 months without papers. The only country that might be issuing the visa could be Spain- as you are a spanish citizen. Is it not possible to appeal in Austria the negative answer of the asylum application? I will do some further research and get back to you asap. Best regards, Nilab

Comments

Thanks for your answer ! He can’t do any appeal because he already done the appeal in 2015 and he got in 2018 the  negative of the appeal. He already got the answer that he must to leave the country or he will be deported 6 months ago.
And with getting married in Spain I don’t think is that easy because I am not living in Spain since 2 years and a half and I don’t know how he could do that to get a visa to marry in Spain because one of the requirements to get Married in Spain is to live in Spain legally for 2 years ... and he never have been to Spain ..

---

Dear Danyar,
thank you for waiting. I did some research based on the further information you haven given. According to the Austrian law if the case has been not successful in first appeal at the Bundesverwaltungsgericht- there ist he option to go in Revision at the Verfassungsgerichshof. For that you will need a lawyer.
The costs of the Revision might be covered by "Verfahrenshilfe". This is a state support in order to enable people such as refugees or with low income to have access to the legal system.
https://***.help.gv.at/Portal.Node/hlpd/public/content/321/Seite.3210002.html
As your fiance is from Afghanistan and according to the austrian government noone should travel to afghanistan- that implies that afghanistan is not at all safe( Austria has issued Security state 6--> this is the highest possible).
https://***.bmeia.gv.at/reise-aufenthalt/reiseinformation/land/afghanistan/

So in your particular situation it would good if you get a lawyer, file revision and then he will be legally in Austria and you could then atry to get married.

I really hope I could help you somehow. For any further question- we are happy to asist you.

Best regards,
Nilab

---

Thank you for the answer ! The problem is that he is not allowed to do any appeal because it has been already 6 months from the answer and if he didn’t do any appeal in that 4 weeks he can’t do it later ... :( this is a very difficult situation unfortunately

---

Dear @ heidideloscampos,

thank you for waiting. I did some research but the only way you are able to proceed with you both getting married, is first getting a legal status for your partner. And I know that there is a big fear right now. But please find a lawyer who can layout the options for your partner. One other way might be to get church asylum(Kirchenasyl):
Ordensgemeinschaften Österreich
Büro der Ordensgemeinschaften
Freyung 6/1/2/3
A-1010 Wien
sekretariat@ordensgemeinschaften.at
Büroleitung: Mag. Peter Bohynik
https://***.ordensgemeinschaften.at/buero-der-ordensgemeinschaften
They might be ablt to stop deportation.

I really hope I could give some direction.

Best regards and GOOD LUCK!
Nilab