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Got 3 years with bluepassport. My boyfriend is in Germany but bamf asked him to leave Germany. Can i marry him with family reunification?
asked Nov 14, 2020 in Asylum proceedings by Shaften233 | 448 views

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1 Answer

+1 vote

Dear @Shaften233,


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

I am not sure if I understand your question correctly - you are asking if you can marry your partner who doesn't have a residence permit? In general, also Duldung holders can marry in Germany (please see also this thread: Can someone marry here in Germany with Duldung?). However, the registry office (Standesamt) will require many documents which people often struggle to provide. 

Regarding a family reunification visa and a subsequent residence permit for the spouse of a recognized refugee: 

Once you managed to get married and your partner applies for a residence permit according to section 30 of the German Residence Act, the immigration office will most probably ask your partner to apply for a specific family renunification visa at the German embassy in his/her country of origin. If this is not possible at all, I assume you will need a good lawyer supporting you to convince the immigration office to acccept your reasons/arguments. Another issue: Recognized refugees may have a privileged opportunity to apply for family reunification, if they manage to apply for the reunification within the first 3 months after the final BAMF/Court decision (Anerkennung). If they miss that deadline of 3 months, they will be asked (like every other foreigner) to be able to secure livelihood independently (from any social benefits) and to fulfill some other requirements (big enough flat etc.).

Am I right on this, dear @mbeon-fardeen and @mbeon-Rukundo and/or is there anything you may want to add?

I hope I was able to provide some useful information and please don't hesitate to get back to us in case I actually misunderstood your question or if you want to discuss further.

All the best,

Meike

answered Nov 15, 2020 by Meike

Hallo dear @Meike und dear @Shaften233

I agree with Meike. However, there are some necessary points to be noticed. The period of 3 months after the final decision of BAMF/Court apply to those blue pass holders, who have already married before leaving their home country and entering Germany. So, in your case you must be able to secure the livelihood of yourself and your parnter, you should have big enough flat for both of you, your future husband must have A1 Level of German languag and etc., so that you can invite your future husband through family reunification. 

Where does your boyfriend come from? 

If he leaves Germany now, can he come again with a visa to Germany?

If he can come again to Germany you can also try to marry him in Germany, as my colleague has also explained it for you. 

I hope my answer was useful for you and I'll be very pleased if you contact me again with further questions. I'm a member of the MBEON-staff and I‘ll be glad to guide you over a longer period of time. Mbeon is an online consultancy for migrants via the mbeon-app, which you can install on your smartphone for free. Download it via App Store or Google Play Store. You'll find me In the mbeon-app under my name „München, Herr Noori“ and get confidential one-to-one advice in a safe virtual room where nobody can wiretap messages. Further information: ***.mbeon.de 

With kind regards

Fardeen Noori

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