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Hello,

I hold a refugee residence in Germany for about 5 years. I want to get married to an asylum seeker girlfriend but her application for asylum has beed refused and she already appealed the decision.

my questiuon is, can we get married in this case and can she get the asylum status based on my refugee status ?

will she need to leave the country and then come again with a family reunion visa or will it be possible to get her residence permit without leaving?
asked Sep 26 in Asylum proceedings by A-R T

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1 Answer

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Dear @A-RT,

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

The marriage process in Germany is usually not requiring a certain residence permit/status - also people within a pending asylum procedure or people holding a Duldung can marry. However, the registry offices (Standesämter) ask for many documents which people very often struggle to provide. Please see our blog which lists the respective documents and describes the process in more detail.

The asylum status will always be determined on the individual basis by the BAMF. Every application will be assessed case by case focusing on the applicant's individual reasons of leaving the country of origin. Therefore, the refugee determination can not be based on someone else's case or "transferred". However, the marriage might be a reason for the immigration office (which issue the residence permits) to grant another type of residence permit - a deportation ban, or a residence permit for spouses, for instance. 

At the end, it will be at the discretion of the immigration office, if they ask someone to apply for a spouse visa  at the embassy in the country of origin first (as condition for a respective residence permit). It might also help to consult a lawyer regarding the collection of reasons explaining why a departure will be unreasonable and a too big burden.

Am I right on this dear @manrhei-mbeon or @mbeon-bernd and is there anything you would like to add?

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Oct 2 by Meike
can you please answer my question as well?
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