Family reunification for person who is granted with subsidiary protection

Question

Hi :) my fiancee who is from Yemen is finally has been granted with subsidiary protection. However i have read that no entitlement to privilage family reunification for those who in subsidiary protection.

My fiancee was previously lived in Malaysia where we met. I am a Malaysian. We are planning that i need to go to Germany and get married there since my fiancee cannot travel back to Malaysia since he has overstayed his visa during his living in Malaysia.

However,
may we know that will we are allowed to get reunited after we get married because of the rule.

And how long am i allowed to stay in germany without family reunification visa?

And long does it takes for my fiancee to be able to apply for PR.

Thank you so much. we really hope to hear from you soon.. Thank you :)

Answer 1

Hello,

if you come to Germany with a Schengen visa and marry here, you can only stay for 90 days as each tourist or visitor, then you must go back and apply for a family reunion. This will be really difficult with the status of subsidiary protection. As Meike said: you had not been married before your fiance left his country of origin, therefore your husband can't have privileges which are possible with this status. That means that it would probably be possible for you to apply for a visa for family reunion after your husband has possessed his residence permit for 2 years (according to §30 Residence Act - Aufenthaltsgesetz), under condition that he earns enough for two persons (or more if you get a child during this time), over the level of social support money, that he has enough living place for 2 and that you have at least German certificate A1.

To have more exact information your future husband should better consult a specialist (migration lawyer or a good migration councelling center) personally, to give all details.

If you want to marry in Germany, you must check very well what documents and in what form you need for that. Your fiance should contact Standesamt (authority which is responsible for registration of marriages) and get a list of documents for Jemen and Malaysia, which are needed in Germany. Very often it is much easier to marry in another country, if you both can travel there.

Perhaps it would be legally possible for your fiance to make family reunion to you after marriage (there can be other rules than in case of visiting Malaysia as a tourist, but it is Malaysia law, you should check it yourself.

I don't know what profession you have. You can check if it is possible for you to find job in Germany, in this case you can apply for a job visa, independent of your family status. For some people it solves the problem.

Your fiance can get an unlimited residence permit after 5 years with subsid. protection. The time in asylum procedure can be counted within this period, but the problem is that he normally needs 60 months paying to pension fonds, that means that he should work in Germany for 5 years before he applies. To find out if some exclusion is possible, he needs individual councelling.

Answer 2

Dear @Arie,

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

I am afraid that in case of subsidiary protection, obtaining the visa for family reunification for people who get/got married after the initial flight (leaving the country of origin) is only granted in very exceptional cases. I am sorry that I can not give you more positive information here. But since I am also not very familiar with similar situations, I will link our dear expert @Alla_fka here. I hope that she can add more details or correct me, if necessary. Furthermore, I would recommend that your fiancé is seeking individual advice in a counselling office or from a lawyer as well in order to assess whether an appeal against the decision (and eventually obtain the refugee recognition) could have good prospects. Please note that the period for filing an action is most probably only 2 weeks!

However, I just checked the website of the German embassy in Malaysia and learned that Malaysian citizens do not need a visa for the so-called Schengen-area. Here it says:

Malaysian citizens do not require a visa when travelling to one or more of the Schengen countries for business or tourism purposes. The stay in the Schengen States, however, may not exceed 90 days within a 180-days period. This means that once you have stayed for 90 days in any of the Schengen States, there will be a waiting period of 90 days imposed before you can re-enter any Schengen State.

Please note that the Malaysian visitor will need to present a valid Malaysian passport, proof of sufficient funds and a return airline ticket upon arrival at the first point of entry in the Schengen States.

For the requirements of the permanent residence permit ("Niederlassungserlaubnis") you may see this website, for instance. In general, people possessing a temporary residence permit for a minimum of five years can apply for the permanent one.

I hope this information are useful to you and don't hesitate to get back to us with any further questions.

All the best,

Meike