I got my marriage registered in germany but my wife doesn’t have residence permit. Should i seek for asylum?

Question

I got my marriage registered in germany but my wife doesn’t have residence permit. She has  fictional certificate and having baby in August Should i seek for asylum?

Answer 1

Hello,

Based on the information you provided I am not in a position to advise you regarding a potential asylum application.

If your wife has received a fictional certificate, this means she has applied for a residence permit. Depending on the type of permit, if she is granted a permit you may be entitled to a residency permit as her spouse. Unless she will receive a refugee status, then generally you will have to show that as a family you have sufficient financial resources in order to support yourselves in Germany before you will be issued wih a permit.

Depending on your nationality and the manner in which you entered Germany, you may be expected to leave Germany and apply for a family reunification visa. However, the fact that your wife is expecting a baby could be sufficient reason to have your application processed here by your local Ausländerbehörde.

If your wife did not already have a residence permit, then it could be the case that she does not have German health insurance. If this is indeed the case and she needs medical attention, I recommend contacting an organisation that helps people in such situations. For example, here is information about such an organisation in Berlin:

https://***.berliner-stadtmission.de/en/clearingstelle

Let us know if you need any more help with this.

Éanna

Comments

Thanks
My wife is living in Germany from 8 years there is a issue in the father’s marriage certificate thats why she did not get Aufenthatstitle but Ausländer Behörde’s officer said that they we do something and they did not allow any kind of visa as she expecting baby so how can i apply can i apply with lawyer ? Her father is on Refugee status and they came here with family reunion visa 8 years ago

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You're welcome!

I'm afraid it is difficult to asses the situation based on the information you've provided.

The faher has only recently got married or why is his marriage certificate only now an issue after 8 years? In what way does an issue with his marriage certificate affect his daughter's residency rights?

What type of residence permit has your wife applied for? As she has been in Germany for 8 years, did she or her family ever apply for permanent residency (Niederlassungserlaubnis) or citizenship (Einbürgerung)?

As i wrote above, depending on the type of permit your wfie had / will have, and the type of permit your baby will have, you may be entitled to a residence permit as a family member. The exact requirements depend on their type of residency. You can apply for this with your local Ausländerbehörde.