Applying for resident permit after receiving subsidiniary protection has been on hold for more than a year

Question

Hello and Good morning, May you are blessed with good health.

My fiance has been granted with subsidiniary protection on February 2022 and he still didn't get his resident permit until now. Upon checking, there is a criminal open case. But he didn't do any crime during his staying in Germany except he came to Germany as an undocumented person.

We have found a statement from the link below stated that

https://***.bamf.de/EN/Themen/AsylFluechtlingsschutz/AblaufAsylverfahrens/Ausgang/Aufenthaltserlaubnis/aufenthaltserlaubnis-node.html

'No across-the-board prior examination is provided for by the Federal Office as to whether subsidiary protection is to be revoked or withdrawn'. May we know does this happen to every person entitled to subsidiniary protection?

We are about to get married in Germany, and tge lady at the registry office told is that  they need to submit my fiance's document to the police office before submit it to the Higher court because my fiace is from Yemen and no German embassy in Yemen to legalize the documents.

However, we have read in the link below that someone with subsidiniary protection could be revoked if they contact their homecountry.

https://***.infomigrants.net/en/post/15108/when-can-refugee-status-or-subsidiary-protection-be-revoked

In our case, of course we need to contact Yemen in order to get our documents (birth certificate, single certificate) and get it stamped by the Yemen Foreign Ministry.

May we know what should we do. Any help and guidance would be really appreciated.

Thank you so much

Answer 1

Hi @anonymous_

I have previously answered your questions about the duration of the waiting time for the permit to be issued. It is still not clear what this criminal open case is about. Without that information, it is difficult to answer further on it.

The information from BAMF is not about the general issuing of subsidiary protection. It is about when, once issued, subsidiary protection can at a later point be revoked or withdrawn. As the website states, this is not done as a standard across-the-board practice. A person’s situation is examined if there are reasons to believe the requirements for subsidiary protection are no longer met. This could be, for example, if the conditions in the person’s home country had significantly and durably changed.

Contact with authorities from the home country can be a reason to examine the status of people with full refugee protection (i.e. not subsidiary protection). Even in these cases, however, the situation and the reasons why the contact was made must be examined in detail before any such status is revoked.

For subsidiary protection, the situation is different. Here it is the reasons outlined above (a durable and significant change in the situation in the home country) that can lead to an examination of the status.

If, however, your partner does not feel comfortable making contact with the authorities of his home country, then he should communicate this to the registry office (Standesamt). They can enable alternative options such as making a sworn declaration under oath about eligibility to marry. However, to be allowed to do this he must explain in detail why it is not reasonable to expect him to make contact with the authorities of his home country.

Best,

Éanna