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Hello, me as Czech citizien, who is living in the Czech Republic is in long distance relationship with tunisian asylum seeker in Spain. We dont wanna live separate anymore and wait for result next 2 years. We would like to get marry in Spain, because he is not allowed to leave Spain. He was going to ask in Civil Registry, Czech Embassy, if its possible, but none of us have permanent residency in Spain, because i liVe and work in Czech. He would like to move to Czech with me. Is it really true, that we cant get marry before his asylum is solved?
Is there an option, he can cancel his request for asylum on his own? And they deport him back to his home country, apply for visa and i send him invitation and come to czech by this way and we can get marry easier in Czech? im really upset, that me as EU citizien can not get marry with him in Spain without permanent residency, which i can get after next 2 years living in. !!
Thank you for any positive and negative answers in advance.
asked Nov 16 in Asylum proceedings by Didisek

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Dear @Didisek,

Thank you for sharing your situation with the Wefugees Community!

Unfortunately, I am not familiar with the Spanish regulations on marriages, but I tried to make some research. I read, for example on this website and also here, that usually at least one part of the couple needs to be a legal resident in Spain for two years in order to get married. It might be true, that an asylum-seeker, whose case is still pending, will have difficulties to fulfill that conditions. Additionally, both persons need to provide a range of documents, as for example certificates of no impediment, passports etc.

As you mentioned already, your partner could also take back his asylum request and ask for an assisted voluntary return. The International Organisation for Migration (IOM) is supporting migrants in this. Every case needs to be assessed individually, but as people from Tunisia also do not have a high chance to get acknowledged as refugees (but as I said, I am not able to assess your partners' case with that little information at all, though!), choosing the alternative path of applying for a family-unification visa might be more likely to succeed.

I hope this helps and please do not hesitate to get back to us with any further question.

All the best,

Meike

I hope this helps 

answered Nov 22 by Meike
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