Can I apply for residence permit as the husband of a German citizen during my asylum process?

Question

I was present in Berlin for approx. 9 months living with my wife. We lived separately briefly and I applied for asylum without comprehending the legal consequences. However, I would like to know if it's possible to apply for the appropriate residence permit at the LEA Berlin. I am currently under the jurisdiction of Brandenburg. Also, my wife and I were married in another country prior to my asylum application.

Answer 1

Dear @strangerinberlin, 

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

During the asylum procedure you can unfortunately not apply for another residence permit. I would recommend you to discuss your situation in a migration counseling office, for instance. Depending on factors as your chances in the asylum procedure, you may want to consider to take the asylum application back, in order to apply for a residence permit according to i.e. par. 28 of the German Residence Act. 

I hope this helps and please let us know if you need support in finding such an office or if you have any further questions. 

All the best, 

Meike

Comments

Thank you for your response.

I have withdrawn my asylum application and I have been granted a Duldung with three months validity. It was given to me on the grounds that I'm married to a German citizen and that I be transferred to Berlin to be able to live with my wife.

My wife and I currently not living together because we are separated. However, there's been no mention of a divorce. I do not know if my Umverteilung application will suffer because of our separation or if my Duldung can be invalidated.

Without the financial support, from my wife it is not surviving. Would I be able to apply for work permission? If so, would I have to request it from the ABH that issued me the Duldung?

Kind regards