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Hello,I am an asylum seeker in Germany(with Poland dublin  III case in a waiting least of deported to Poland),
I am having my preveous marriage in my home country in Africa,
But I want to have a marriage with my longtime girlfriend who has a Belgium citizenship,(She is permanently 'iving in Belgium),
My questions is as follows:
1.What can I do with my first marriage status I did at first way back in Africa?
2.What is my chance to get a Belgium or documents with my new marriage?
3.Where is easy for us to have our new marriage between Germany or Belgium?Keeping in mind that Germany authorities ,BAMF have all my first marriage documents.
4.Can Dublin III case be an obstacle for us to have our marriage either in Germany or Beligium?
5.Will I be allowed to come back and work in Germany after our marriage in Belgium?
How long will it takes to get either Germany or Belgium documents for me after marriage?
Note,
Me and my new fiancee we are cirrently not living together.
asked Dec 30, 2018 in Legal advice by Kim mimi

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1 Answer

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Dear @Kim mimi,

Thank you for reaching out to the Wefugees community and for sharing your situation with us.

Let's have a look at your questions separately:

  1. You will need to get a divorce if you want to marry again. See this website explaining different scenarios (one spouse is abroad, one lives in Germany...) or this website, to find out what you need in order to get a divorce.
  2. Once you two are married, you are able to apply for family reunion. Check this link by the BAMF. You can find more information on reuniting with your EU-citizen-spouse in our community, as several questions have been asked on this topic before (search "marriage EU-citzen", for example).
  3. As an asylum seeker, you have the right to marry in Germany. Just make sure you have all the required documents in order to do so (a valid passport is one of them). Since you applied for asylum in Germany, your girlfriend - as a Belgian citizen - can come to Germany and marry you. Here's an explanation of the steps you need to take from the Wefugees Blog: https://wefugees.wordpress.com/2018/04/20/heiraten-in-deutschland-how-to-marry/

    "Everyone that fulfils certain criteria is eligible to marry in Germany. Your legal status does play a role in some cases, but it is not an insuperable hurdle.

    You have to be at least 18 years old (in special cases it is already possible to marry from 16 onwards) and you must not be married at the time you want to marry (again). Of course you are allowed to marry again if you are divorced or if your former spouse passed away. You just need to provide the required documents to prove it in such a case."

  4. It might be a problem, if you say you have already been registered in Poland. Have you applied for asylum there already? If you haven't, that would be an option in case you get deported back there. However, once you are married, you have the right to be with your spouse - even if your asylum procedure is still going. 
  5. People who have a legal status in one EU-country aren't automatically entitled to live or work in another EU-country (if you live in Belgium because of your spouse). If you want to work in Germany, there are certain requirements that apply. At this stage, it will be necessary to see what happens with your divorce, and if the German authorities accept your asylum claim or if Dublin applies. Once you are married with your Belgian girlfriend, you can apply for family reunion, which gives you the right to a residence permit in Belgium.
Please also have a look at the answer I have given on this thread about family reunion in Belgium:
Do let us know if you have any more questions or need further assistance!
All the best,
Isa
answered Dec 31, 2018 by Isa
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