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Hello my name is Muqadar Shah from Afghanistan I was born in Pakistan I have Pakistani passport and cnic but when I arrived to Greece I gave my case to asylum office origin Afghanistan now currently I am living in Athens and my have girl friend she from France and my girlfriend she is pregnant so now we decided to do marriage in Greece but I don't have Afghanistan passport and cnic because I didn't make it I gave application to asylum office to change my case but they didn't change I have Pakistani passport everything all of my require documents which is necessary for wedding if it's possible I will do marriage in Greece without asylum card because asylum office they don't want to change my case sir please if you have any idea about my complicated case thanks
asked Dec 20, 2018 in Legal advice by Muqadar

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Dear @Muqadar,

Welcome to the Wefugees community!

Thank you for sharing your situation with us. I had a look on our platform, and found two threads that deal with similar cases. 

The first one: Can a refugee get married in Greece with an EU citizen?

Second one: How to marry in Greece ?

I understand your concern regarding your asylum case - you talked to the asylum office and told them about your Pakistani citizenship, is that correct? What exactly did they say? As I understand it, you will need to sort out your case first, before you will be able to get married, because it is required to prove that you are staying in Greece legally. 

The website "refugee.info" (click here) explains well what kind of documents you will need to hand in and what obstacles you might come across as an asylum seeker: 

"In order to apply for a marriage license, you will need:

  • Your Residence PermitTravel Document or national passport.
  • proof of address, showing that you live permanently in Greece.
  • A certificate of divorce, if applicable (officially translated and notarized).
  • The death certificate of your previous spouse, in case you are a widow (officially translated and notarized).
  • An announcement of your marriage published in a local newspaper. You can do this by calling or visiting any local newspaper, and paying for the announcement.
  • A tax stamp fee or a receipt copy of € 15 from your local tax office.
  • A copy of your birth certificate (officially translated and notarized).
  • A certificate stating there are no obstacles to marriage from your country’s consulate, or any other competent authority from your country (officially translated and notarized). A friend or relative from your home country can also get this from your home country and send it to you."

Here are some of the problems asylum seekers (not yet having a right to stay) may face whilst trying to collect all the documents: 

"The requirement to get a certificate from your home country, stating there are no obstacles to marriage, is what makes getting married so difficult. This is called the “Certificate of Non-Impediment to Marriage,” and both spouses need it in order to issue a marriage licence.

If a relative or friend of yours can get it from your home country and send it to you by post, you won’t have any problem. You will need to translate, notarize and submit it along with the other required documents.

But if you need to get in touch with your national embassy in order to get this certificate, be aware that this process might jeopardize your asylum claim. Claiming asylum means stating that you face persecution or discrimination from your country’s government. If you contact the embassy of the country that has persecuted or discriminated against you, your claim is no longer valid."

Please see the website for a longer explanation on how the process works!

If you are unable to find a solution with your responsible asylum office, I would recommend contacting a legal support service for asylum seekers. Here for example are the contact details for Refugee Legal Support in Athens: https://www.refugeelegalsupport.org/contact

Let us know if you need any further assistance.

All the best,

Isa

answered Dec 21, 2018 by Isa
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