ASYLUM PROCESS IS PENDING AND I AM LEGAL MARRIED TO GERMAN CITIZEN :;WHAT CAN I DO IN ORDER TO GET RESIDENCE PERMIT

Question

Hello, i habe a problem

I am under asylum process and i did my  first interview last year in september 2023  but now  I am legal married to german wife here in Germany .

I want to know  what can i do in order to get residence permit while my asylum case is pending ?

We are living together now (Same house)

Comments

Du kannst einen Antrag stellen, aber sie werden ihn dir nicht geben, und am Ende ist es möglich, dass die ABH dir eine Vorabzustimmung gibt und dich erneut einen Antrag auf Familienzusammenführung stellen lässt.
Um ehrlich zu sein, habe ich nur deshalb nicht geheiratet, weil das Standesamt von mir verlangte, zur Botschaft meines Herkunftslandes zu gehen, um eine Ledigkeitsbescheinigung zu erhalten, und das ging einfach nicht!

Answer 1

Hi @Kwibuka

You apply for a residence permit as the spouse of a German citizen with your local Ausländerbehörde. You will have to show you have A1 level of German.

You can be issued with a permit while your asylum case continues. The legal basis for this is paragraph 10, section 1 of the Aufenthaltsgesetz. There may be an issue that you did not enter Germany with a visa for family reunification. This is a complicated legal question about when a person has a strict legal claim to be issued with a residence permit. In your case, one of the requirements is the correct visa and so you do not have what is called a 'strict legal claim'. If this becomes an issue, I recommend you seek legal advice.

Best,

Éanna

Comments

Thank you for your feedback.. on 16th of August 2024  i did A1 exam  but i got 55%

I have all required documents to apply for residence permit except A1 german certificate ..

i have a plan to do an exam again soon.. maybe i will get pass marks

Am asking if there is no exceptions so that i can apply soon ---


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You're welcome. There are exceptions but I do not know of any that would apply in your case from what you have written. If you are married to a German, then an exception is possible if you cannot learn to A1 level due to a medical condition. You would have to provide detailed documentation in order to be granted this exception.

Another exception is if you have a third-level university degree or vocational qualification that will you allow you to integrate quickly in to the job market without having to get state support. This is also quite difficult to sufficiently prove.

The above examples are exceptions that are only granted in rare cases. It is very difficult to be issued with a permit without A1 level of German. I wish you the best of luck in hopefully passing it next time.

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Thank you for your good feedback , i applied for residence permit par 28  and i will get my residence
 title card next month on 10.12.2024.

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You're welcome! Glad to hear it worked out.