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Hello!

Can I convert my asylum application to a residence permit given that I am married to a German? Or simply undo/ Take back the whole application for Asylum? Would it affect my application for a residence permit  if I have applied for Asylum first?

I have come here on Schengen Visa type C ( short term visa ) and decided that I wanted to stay with my wife here in Germany, but unfortunately I did the wrong move and applied  for asylum for the sake of staying as my Schengen was coming to an end instead of applying directly for a residence permit. My wife and I live together and have a contract and up until today and throughout the months of the application for asylum I was paying for my own life expenesses.  I am registered for the language class for the level required for the residence permit and have been recieving  job offers and in general live a decent lifestyle.  What can I do? How can we fix this mistake?

Thank you in Advance!
asked May 12, 2023 in Legal advice by eternalsunshine | 239 views

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1 Answer

+1 vote

Hi @eternalsunshine

It is not a case of converting your status from asylum applicant to permit holder for family reasons. They are two separate processes. As you are married to a German, you have a legal entitlement to a permit according to paragraph 28 of the Residence Act.

Paragraph 10 of the Residence Act deals with the question of issuing permits to people who are in the asylum process. It states that where a person has a legal entitlement to a permit, it is to be issued before the end of the asylum case. There are others situations where this is complicated but not for someone who is the spouse of a German.

It is up to you whether you then decide to let your asylum case proceed or withdraw it. You should consider the likelihood of being given a refugee status and whether this provides certain advantages (e.g. regarding family reunification) over a residence permit as the spouse of a German.

Best,

Éanna

answered May 22, 2023 by mbeon-Éanna
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