Can I get a residence permit through marriage if i am holding duldung .

Question

Hello,i will like to ask for advice, my asylum has been concluded and i have been issue duldung and deportation advice.

Just of recent, i got married to Portugal citizen,i have submit an application for residence permit through my marriage.I have submitted marriage certificate and aposille.

I want to ask if this new application can stop my deportation,because i just submitted  marriage application last week ans i received my duldung today.

Kindly advice on this.

Thank you

Comments

Dear Idowu, your question has reached us. I would like to refer you to my dear colleagues @meike and @mbeon-Éanna, I'm sure they will be happy to help you with your question. I wish you all the best!

Answer 1

Dear @Idowu,

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

First of all, congratulations and all the best for your marriage!

As spouse of an EU citizen, you probably applied for a residency permit for family members of nationals of EU member states? You can find an overview of the respective requirements following the link. It will be necessary, for instance, that you are "cohabiting in Germany as a family with a citizen of the EU who is entitled to free movement" (being i.e. an employee in Germany).

What exactly do you mean when referring to "deportation advice"? It is hardly to tell (without knowing your general situation well) why the immigration office issued another "Duldung" (temporary suspension of the deportation) - but one reason might be your application for the residence permit. As long as you hold a valid Duldung, there is no immediate threat for a deportation. 

In general, it can make sense to get individual and holistic support in a migration counselling office. Especially when you are afraid of a deportation or you are struggling with the communication of/with the immigration office (Auslaenderbehoerde). Let us know if you need help in finding such counselling services close to your place.

All the best,

Meike

Comments

Thank you for ypur response,your response is very useful to me. I was referring to deportation advice because my asylum is no longer exist and i was just issue Duldung which means i can be deported anytime by foreign office.
 With this new marriage application i just want to know this can change my status.
I will love if you can help me with  migration counselling office .I lives in Kaldenkirchen in Nettetal.
Thank you.

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Hi Idowu,

To add to Meike's response:

The Duldung means your deportation order has been suspended. Here you can read more about what a Duldung means:

https://handbookgermany.de/en/rights-laws/asylum/duldung.html

I would repeat Meike's point that you will only have residency rights as a spouse of an EU citizen if the EU citizen is excercising their freedom of movement rights in Germany, most commonly by working here.

I would also add that the authorities may require additional documentation to accept your marriage as valid. This ranges from things like photos and records of communication (e.g. WhatsApp) to being interviewed seperately about the relationship.

Migration counselling (also called MBE) is not generally available to individuals with a Duldung. However, your spouse as an EU citizen can use these services so perhaps you could contact them together?  I have searched using the following site for a service close to you:

 https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/

The closest I found is in Viersen, with the organisation Diakonie. Here are their contact details:

 Migrationsberatung für Erwachsene der Diakonie in Viersen
Hauptstraße 120
41747 Viersen

Telephone: 02162 266 24 84

mbe@diakonie-krefeld-viersen.de

****://***.diakonie-krefeld-viersen.de

Let us know if you need any further help.

Éanna

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Thank you very much for your additional explanations dear @mbeon-Éanna - nice to have you on board! :-) 

You are right. When I was referring to migration counseling, it was a bit misleading (as the MBE is usually translated with this term and the MBE might not be the first address for Duldung holders). However, you can also find a refugee counseling office in Brüggen-Bracht (https://diakonie-krefeld-viersen.de/unsere-angebote/migration-flucht-integration/fluechtlingsberatung/) @Idowu,  which also advises people with an uncertain status in Germany. 

I hope this helps and all the best! 

Meike

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Hello, i refer to my question i ask  in May,i have started the process , i have submitted the marriage certificate  and Foreign authority has ask me to submit my passport.
They also ask me to proof that my wife has the right of free movement  as EU member ,which to my understanding they are asking weather she is work.
 The question i will like to ask about this is that, if she has not started working  but i as a husband has full time permanent job, can  Foreign authority still consider this and issue residence permit for me. Consider that my asylum has ended, i just want to use marriage to get residence permit.
Secondly, if she get job in another city that is far from our residence address,can they accept this, she got an employment offer in Berlin,while we are living in VIersen. She will be staying with her friend  and comes home every two week.
She has already started the  process for that by getting  her OAK card and still waiting for her tax identification number.
 Kindly enlight on this.

Thank you.