As a foreigner with subsidiniary protection – Do we have to provide Ehefähigkeitszeugnis to get married?

Question

Hello, my name is arie and I am here again to ask about procedure to get married in Germany as a foreigner. Both of us are not from Germany and we are from different countries.

My fiance is from Yemen and he is living in Germany under subsidiniary protection. I am from Malaysia.

According to the Germany's rule, we both need to provide Ehefühigkeitzeugnis from each of us. However, since my fiance is unable to return to his homecountry, he is unable to provice the certificate stated that he is single.

We have found a statement from German Embassy from the link below stated that

'Stateless, homeless foreigners, persons entitled to asylum and foreign refugees residing or staying in the Federal Republic of Germany do not require a certificate of unfitness to marry or an exemption from it. '
https://riga.diplo.de/lv-de/service/-/2191764

May we know that if it means that my fiance doesn't has to provide this certificate from his side?

Thank you so much

Answer 1

Hi @Arie,

From my research people with subsidiary protection do not have an exception from having to provide an Ehefähigkeitszeugnis. The exception applies to those who have been granted asylum (a different category of refugee protection).

I found the information in this document (the first section on page 14):

https://***.olg-koeln.nrw.de/aufgaben/justizverwaltung/organisation_verwaltung/dez_7/laender/allgemeiner-teil_jan-2022.pdf

Here’s the information from the German authorities about the procedure for getting an Ehefähigkeitszeugnis, according to this it is possible to get the document from the Yemeni Embassy:

https://***.justiz.sachsen.de/olg/download/Ehefaehigkeit/Jemen.pdf

I have looked on the embassy's website but could not find any information in the German version about it.

If your partner does not wish to visit the embassy, then they can apply with the local Oberlandesgericht for an exemption from this requirement.

Best,

Éanna

Comments

Thank you Èanna! Great to have you here