Got married while my asylum application was withdraw, can I apply for a resident permit in Berlin with a new passport?

Question

Hello everybody!

So nice to receive some help from you! Such a lovely and kind work!

I'll explain about my case: in January 18th I applied for asylum here in Berlin where I live with my boyfriend - now husband, we got married last week. They sent my case to Münich - ANKER OB and gave me until January 25th to show myself and go on with my application but as I had some panic crises thinking about to live in a camp far from my husband, I didn't came to ANKER and since when I'm waiting to have my passport back. Note: they gave me a term of conditions where is very clear that if I didn't went there until January 25th, my asylum application would be automatically canceled. I waited a long time and nothing so I did a new passport with the Brazilian Embassy as I explained them what happened. With this new passport, I got married and now I need to apply for the aufenthaltserlaubnis here in Berlin but now I'm a quite confused if I should apply here and tell Ausländerbehörde what happened and show all my documents or if I go to Münich and close my case which should be closed a long time ago. I'm a quite worried because I have no residence permit until now and maybe ZAOBB - Zentral Ausländerbehörde OberBayern will not allow me to come back to Berlin because of the residence permit which I don't have.

I know my case is a quite complicated but I'd love to receive some help, thank you!

Comments

Dear @caiofirmino, 

Welcome to the Wefugees Community and thank you for your question! 

Your situation sounds indeed not easy. I hope that one of our experts on this platforn can recommend you a potential first step. I think it would be useful if you could share some more details, i.e. your husband's nationality. 

However, as it is always very difficult to provide individual solutions based on little information, I can also highly recommend you to seek some legal advice in Berlin. There are, for example, many migration counselling offices, which offer free and very qualified services. Please check this brochure for contact details (****://***.fluechtlingsinfo-berlin.de/fr/arbeitshilfen/adrflueberatung.pdf) and also feel free to get back to us with any further questions. 

All the best, 

Meike

Answer 1

Hallo,

as far as I understand you lived illegally in Germany after you didn't go to Bayern. Normally if you get married, the Standesamt sees if you stay legally or not. Did they ask no questions as they checked the documents for your marriage? You had a new passport but they could still check if you have right to be here as a foreigner.

If you have a number of your file in BAMF (it is the case if you've already made an official application for asylum, not just had the first registration), it is possible to write them and ask about a situation with your asylum application.

Anyway you have to come out of illegality and it can have negative consequences. Even if your husband is a German, the ausländerbehörde can claim that you must go to Brazil and make a visum procedure for the family reunion. And if they make a penalty for illegal staying, it can be a problem for getting a residence permit.

I think you can be in need of a good lawyer and anyway of a good personal consulting.