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Hello team , im in a criticle sitation please help me, my married held on last year 2017, my married duration is 1yaer 7 month, but im in german only 8 month, starting ly my wife love me very much now i found so many different with her, she hearing her family voice and tring to avoid me and plan to divorce , im in 12 year refugee in india and but im a srilankan national, due to my contry civil war i move to india, after i got married only to visa purpose im return back to Srilanka, my family is poor backround , my wife family use this and blackmailing me if i made any mistake mean they will send me back to my native, can any person help me to stay hier with peace , i dont know the rules and laws please help me

I have the 3 year resident permit of germany, due to my family problem my wife plan to divorce me and plan to send me back to my native, can i apply aslym to any other EU country to safe me, my finger print is checked or can i have any chance to send me back to german , please help me
asked Jan 12 in Asylum proceedings by Thiyagraj

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1 Answer

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Dear @Thiyagraj,

Welcome to the Wefugees community and thank you for sharing your situation with us.

Let me see if I understand you correctly - you have a residence permit right now based on the marriage, is that correct? Did you apply for asylum before marrying your partner? 

Unfortunately, due to the Dublin III Regulations, you are not able to apply for asylum in any other EU-country once you already applied in one country or they took your fingerprints (you can have a look at our platform for more questions and information regarding Dublin by using the search bar on the right).

Maybe having a look at this thread from our platform helps as well: 

Will separation/ divorce affect my legal status?

As one of the sources I found explained: if you got your residence permit based on your marriage, you may lose your right to stay after a divorce - but it highly depends on the length of your marriage. Generally, after being married for three years, it's possible to receive a renewed residence permit for another year after the divorce. Following this year, you can apply for a residence permit individually. 

However, if you have been married less than three years, the authorities may not extend it, but often shorten the permit after separation from the spouse. The Immigration Office can even ask you to leave Germany. It is possible, though, to file a lawsuit against the shortening of the original residence permit. 

It is highly advised that you consult a lawyer, or reach out to a legal aid service for refugees in your area for more support and legal advice! Here is a list of pro bono legal aid services: http://www.refugeelegalaidinformation.org/germany-pro-bono-directory

I hope these sources help. Feel free to reach out to the community again if you need any further assistance.

Take care,

Isa

answered Jan 16 by Isa
Thank you so much Isa , im not apply any asylum in EU countries, im hear with my marrige visa 3 year resident permit and i study intergration course, if i apply for the divorce and after that can i  8 hour work in germany  and B1 certificate is help me to claim my resident visa or any other visa from hear, or when the immegration tell me to leave from country can i apply for the asylum hear or any other Europe counties
Hey again @Thiyagraj, No worries, I'm glad if I can help out. I hope you don't mind that I will keep the conversation on this thread, so it's easier for others to follow! If you haven't applied for asylum before, you still have that option. Since you are in Germany and have been registered there already, it would probably be best to apply there (other EU-countries could send you back to Germany, due to the Dublin Regulations that I mentioned before). But since I'm not a lawyer, I would definitely recommend reaching out to one or to the legal aid services I linked before! They can have a much closer look at your case, also taking into account your divorce and current status. Kind regards, Isa
Really thank you Isa , now i got little bit clear, have dubling resident permit visa holder finger print or only asylum people finger print
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