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Hello,

Finally, after several months of processing our paperwork for our marriage, we registered at Standesamt. Now we are waiting for court and then we marry. We have already paid the fee for the marriage certificate. I am a refugee, no Dublin, and holding Aufenthaltsgestattung. Auslanderberhorde has my passport. l received a letter from my lawyer 2 days ago stating that my Asylum was rejected after 17months of waiting for an answer. The lawyer asked me to pay 200 euros and to appeal within 2 weeks.

1. Please advise what to do next since l am in the process of getting married anytime next month. I am from Africa and my fiancé is an EU resident.
2. Do l cancel my asylum process now or after marriage? l don't see the need to appeal since l am already in the process of getting married. l am confused. l have mixed feelings.
Thank you.
asked Jul 2 in Asylum proceedings by kathy

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6 Answers

0 votes

Dear @kathy

Welcome back to the Wefugees Community and thank you for your question. 

I find it quite difficult to give you any tailored advice or suggestion on how you may proceed without knowing sufficient background information. You should definitely discuss the next potential steps with your lawyer. If there is a realistic chance that the court will grant you a protection status, I would definitely not take back the asylum application. At the end you will be more independent and don't rely on your spouse, his or her work situation etc. 

However, I will also link two of our experts here, who may want to add their thoughts on your situation. Dear @mbeon-caritas or @mbe-on_Zsigó, do you agree and/or do you have any suggestions for @kathy

Please feel free to get back to us if you want to discuss your situation further or you have any more questions. 

All the best, 

Meike

answered Jul 3 by Meike
0 votes
Hallo Meike,

 l received a post from the lawyer together with the letter from BAMF they said there are no prohibitions on deportation pursuant to Section 60 (5) and (7) sentence 1 of the Residence Act. The refugee status is not granted. The applicant is requested to leave the country within 30days of the announcement of this decision. Can you please explain more on what you mean l shouldn't take back the Asylum application?

Thank you
answered Jul 3 by kathy

Dear @kathy

Thank you for your explanation. 

You mentioned that the lawyer recommends you to make an appeal in court against the decision by the BAMF right? As he hopefully knows your personal situation well, he might see a chance that the court is deciding in your favor and obliges the BAMF to grant you a protection status (or at least a deportation ban). This would result in an independent residence permit for you and does not stand in any relation to your EU spouse. If you don't open a case in court you de facto accept the BAMF-decision and your asylum case will be finished. 

I hope this helps and please get back to us with any further questions. 

All the best, 

Meike

Thank you l did appeal. Now waiting to hear from the Court about our wedding if it is approved and we can wed. We already paid the marriage certificate. l have another question, after the marriage while they process my paper can my husband invite my son to visit us for 1-2 months in Germany since l can't travel to see my son without my passport?  Then after my papers are we will plan to have him join us.
0 votes
Appeal as soon as possible. 200€ will make you safe and you will remember this. One your still in marriage process its means your not marriage. Appealing will make you safe and not be illegal in this country.
To be illegal get so faster than many people thinking. So please appeal your case. Stay blessed
answered Jul 5 by Cockington
0 votes
Hello @kathy, I am a consultant at Caritas and Meike contacted me about your case. I agree with Meike. Even if you find your situation very difficult and confused, you seem to have a lawyer who, in your case, sees a chance of success by appealing. Likewise, you and your fiance should continue to follow your wedding plans. I wish you both all the best. Friendly greetings, mbeon-caritas
answered Jul 6 by mbeon-caritas
Many thanks for your comment dear @mbeon-caritas! :-)
Hi, l did appeal. l have another question, after the marriage while they process my paper can my husband invite my son to visit us for 1-2 months since l can't travel to my son without my passport?
0 votes
Dear @Kathy, if your husband wants to invite your son, you need a letter of commitment "Verpflichtungserklärung" for a short stay Your son needs such a letter of commitment especially if he applies for a short-stay visa and cannot pay the costs of his stay in Germany himself. The letter of commitment is issued by German Foreign missions are generally recognised for up to 6 months. Due to the worldwide spread of the COVID-19 virus, please note that there are worldwide restrictions on tourist travel, which are subject to permanent changes. The German consulates and Embassies do not offer their services as usual. Please inform yourself on the Foreign Office pages about conditions in your son's country. With a short-stay visa, your son can stay up to 90 days within period of 180 days in Germany. With the declaration of commitment you commit yourself to take over all costs that the state might incur by your son's stay in Germany. For this count: - Costs of living Requirements Personal appearance with appointment Your son has planned a short stay in Germany. Enough income or savings You should be able to use your own income or savings to pay all costs incurred by your son's stay in Germany Without EU or EEA citizenship: Valid residence permit Fees 29.00 Euro per declaration of commitment Required documents As a rule, the following information and documents are required: personal data of the visitor (surname, first name, date of birth, place of birth, passport number and home address) valid official identification (identity card/passport) of the inviting Person. A declaration of commitment can only be made by those who have sufficient income of their own or sufficient assets and have a secure right of residence in Germany. A declaration of commitment is valid for a maximum of 6 months. This means that the visa must be applied for within 6 months of the issuance of the declaration of commitment. I hope it works out and wish you a good time together. Best wishes, mbeon-caritas
answered Jul 20 by mbeon-caritas
Dear, @Kathy, I would like to add the following to my answer: since you asked me if your husband can invite your son after marriage, you will probably know that an invitation without an identity card or passport is not possible. Also that an invitation with a residence permit, a toleration or a fictional certificate is not sufficient. Therefore, if at all, an invitation can only be issued through your husband. Please also ask your lawyer again whether it makes sense to wait for your status after the marriage before applying for an invitation. An invitation is only possible with German citizenship of other EU countries or with a valid residence title, such as a residence permit or settlement permit. Your son must also have a valid passport in order to apply for the short stay visa. I hope my answer is helpful for you. Please also check with your lawyer again. All the best mbeon-caritas
Thank you again, yes l do have a passport same with my son. My passport is with Ausländerbehorde. When l did the marriage procedure they gave me a copy of my passport and l gave Standesamt.
0 votes
Thank you for the detailed information. Yes, my fiance is an EU resident and my son already got a passport. The reason why l want my fiance want to invite him is that l heard rumours my resident permit might come out after 3 months after the wedding. l don't know how true it is if it will take 3 months or less. l want to spend Christmas with my son and l haven't seen him for 2 years now.
answered Jul 22 by kathy
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