Claim about a asylum seeking person in germany

Question

Hello

I was married in england last year with a person who illegally stay there from last 11 years. Now he came to germany in july and applied for asylum. He was married with me just to get a child so that he get residence in germany. Our marriage was not register because he didnt have valid id and passport .i am now 8 month pregnant. Please tell me where should i complaint about him? To the police or Ausländerbehörde??

Answer 1

Hi @Harpreet

A sham marriage (in German 'Scheinehe') itself is not necessarily a criminal offence. If a sham marriage results in a person gaining residency rights, then it can be a criminal matter and it is the Ausländerbehörde who have to be informed. However, you write that your marriage is not registered here, which means that in this case it is not relevant for residence rights. If you wish to end the marriage, you can have it dissolved (Aufhebung) or divorce (Scheidung).

I cannot provide legal advice on this and in such a matter I recommend you seek out the assistance of a lawyer. If you are on a low-income, you can apply for free legal advice.

Best,

Éanna

Comments

Hii Éanna!
Thanks for your reply. On the basis of my child born in Germany and having german nationality, he will apply for residency. Now he is a asylum seeker from july 2023 and waiting for his child to be born… He used me and want only baby from me, so that he can stay here as a father of a german child in germany for forever.

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Hi @Harpreet 

You're welcome. As I wrote above, I'm not able to provide legal advice. A parent of a German child has the right of residence in order to exercise their access or custody rights with their child. If the child is German and the father's paternity of the child is established, then what happened in your relationship with him does not initially affect this right. 

The right to residency is, however, conditional on the father having a relationship with the child and providing support (i.e. contributing financially and/or helping with the childcare). The residency is not permanent and will only be extended if the relationship with the child continues. It is up to you whether you wish to share custody with him (gemeinesames Sorgerecht). Even if he does not have shared custody, he still has access rights (Umgangsrecht). A person needs to have strong reasons in order to be able to deny the other person access to their child. A court could ultimately decide that based on past behaviour a person should lose these rights. 

I recommend you contact a family advisory service (Familienberatungsstelle) about questions such as custody, access rights and any others you may have. These are questions which are better answered by someone with expertise of family law rather than immigration law. They offer advice for free and many speak English and other languages. You can, of course, also consult a lawyer and if you are not able to afford one you can apply for free legal advice.