Can my wife get the same residence permit as me?

Question

Hello everyone,

Today I got a letter from BAMF that I got deportation ban according to § 60 Abs. 5 oder 7, I am currently living with my wife which has Aufenthaltsgestattung as she has also applied for asylum application and is waiting for the decision. Our marriage is officially registered in Germany, is it possible if I apply for the same residence permit for my wife until she gets a decision for her asylum application ? If yes, could you please let me know about the procedure?

Thank you!

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Answer 1

Dear @liebenleben,

It is not possible for her to apply for a residence permit while in the asylum process. She will remain with the status ‘Aufenthaltsgestattung’ until a decision has been made on her asylum application. In addition, the type of residence permit you have (deportation ban) is generally determined in the asylum process by BAMF. If she were to withdraw her asylum application, she could apply for a different type of permit, e.g. family reunification with you. However, it is rare that a family reunification permit would be granted to the spouse of a person with a deportation ban. In my view, I do not see any advantage in withdrawing her asylum application. If considering doing so, I recommend you seek legal advice before doing so.

Best,

Éanna