Question

Hello. So, I'm married to a beautiful German Woman. I've been married for over a year. Currently, I decided to seek asylum in Germany. So, facts.

1) I have no passport, therefore illegal entry. My Country refused to issue one.

2) Due to no passport, I can't apply for a reunification visa.

3) I'm seeking asylum...strong case. What can I do if my asylum case is denied? Can I apply for Hard ship or get a temporary permit on the basis of being married (fully recognized and registered in Germany).

4) im a lawyer.

Answer 1

Dear @Jewishboy92,

Welcome to the Wefugees Communtiy and thank you for reaching out to us.

So you applied for asylum already, right? In case your application will be denied, you might want to apply for a residence permit according to Section 28 of the German residence law as spouse of a German citizen.

As you mentioned already and as we discussed, for instance, also in this thread, the authorities most probably ask you to apply for a family reunification visa at the German embassy in your country of origin. At the end, it will be at the discretion of the immigration office whether they accept your reasons not being able to go through the regular procedure or not (can you prove that you are not able to get a passport?). Getting support from a lawyer might be helpful at that stage. 

Would you agree and/or is there anything you may want to add dear @alla_fka or @MBEon-Sophie?

All the best,

Meike

Comments

Yes. I have proof that a Passport isn't possible or I would've have completed the Embassy route as suggested.

I've even tried to renounce. My country allows that without secondary citizenship. One of only a few countries.

Answer 2

Hallo @Jewishboy92,

the important question is: how could you marry officially without a passport? For marriage you had to produce a passport, a birth certificate and a certificate of not being married, at least. In what country did you marry and how long ago? What's happened to your passport? If it is not valid any more, why couldn't you renew it? These are question, which, I think, the BAMF, the Ausländerbehörde and every lawyer will ask you.

Your chance to get an asylum naturally depends on your reasons and your country of origin (or the country from which you came to Germany).

If your asylum is rejected, you can try to apply for a family reunion without leaving Germany but you will never get a residence permit without passport, or you must give a very strong proof, that obtaining a passport is not possible at all or the conditions for that can't be fulfilled for a very good reason. The Ausländerbehörden in Germany are very hard on this point. You can stay with so called Duldung (Toleration paper) for some time, but it is very unsafe.

For the hardship case it is mostly not enough to have a wife in Germany. These are mostly cases for people who live here for a long time, learn the language are well integrated, work etc.  Or you must have a strong humanitarian reason. Or little children. But in each case you normally need a passport to have a residence permit of any kind (except for if you get a protection status).

Comments

1) Go married in my country. EU (Germany) recognized and registered the marriage.  Very simple answer.

2) No passport for personal reasons. Non criminal reason. However, they may issue a temporary passport but highly unlikely.


I expected the other stuff for tolerated stay.

Thank You