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Hello..I am from india and i have have aslyum in Germany 2017..I have aufenthaltsgestattung. I want to marry  with german girl ..Now I want to change my name and address because it is false..please give me suggestion what I can do and how.. what can happen when I change it??thanks
closed with the note: Finish
asked Oct 13, 2018 in Asylum proceedings by Mahal 1 flag
closed Jan 17 by Mahal

2 Answers

+1 vote

Dear @Mahal

there are many things you have to consider when thining to change your details: 

For the Address: 

That is not a big deal, you go to the Ausländerbehörde, BAMF and give them the new Meldebescheinigung. 

For the Name: 

This is a bit more tricky: 

By misrepresenting the name and date of birth during the asylum procedure, your  have committed a criminal offense with the result that he could possibly be deported.

Such false information is a criminal offense in the form of indirect false certification.

Incidentally, the offense of indirect false certification in accordance with § 271 StGB can hold a maximum sentence of three years imprisonment.

Thus, the act is subject to a prosecution limitation period of five years in accordance with § 78 III Nr.4 StGB.

Limitation means that the offense is no longer pursued by the German authorities.

Intended crimes under the Residence Act are punishable by imprisonment of up to one year (§ 95 I AufenthG) and are thus subject to a three-year limitation period (§ 78 III Nr.5 StGB), in your case this would be in 2020.

A criminal liability for false statements to obtain a residence permit (imprisonment up to three years) is eliminated for your case because the Aufenthaltsgestattung( during the asylum procedure) is not a residence permit in accordance with the definition of § 4 I Residence Act.

If you have not yet gone for your interview all the above does not apply and you ahve to wait for your interview in order to change your name. 

I hope I could help you, if you need further assistance please let us know. 

Best regards, 

Nilab

answered Oct 16, 2018 by Nilab
Thanks for Information...
But i hear first time that could be happened !!
0 votes
Dear @Mahal, thank you for your question. I will do some research on the facts of your situation and the applied law and get back to you soon. Until then, if you have further questions please do not hesitate to use the platform. Best regards, Nilab
answered Oct 15, 2018 by Nilab
Thank you very much...
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