Marriage registration with EU national in Germany

Question

hello.
I am currently living illegally in Germany
I have a wife who is an EU citizen (Polish) living and working in Germany. We are married
Please let me know and answer me, Do I have the right to apply for a residence card and work in Germany to live on my wife's papers? And do I have to return to my country? Because that is very bad, and it will be very difficult for me to return.
Is there any difference according to the law of EU people living in Germany?
Or is there any way for me to stay in Germany and still have legal papers?
Thank you

Answer 1

Hi @Nguyen

As your wife is an EU citizen working in Germany, you have the right to receive a residence card.

In general, foreigners are required to come to Germany with the correct visa. Your situation is different as you either never had a visa or your visa is expired. In the case of family members of EU citizens, the EU courts have ruled that is it not permissible to reject a person’s application solely because they do not have the correct visa. This is now included in the German guidelines on how the EU freedom of movement laws are to be applied in Germany. The relevant section is point 2.4.2.2. of the guidelines here:

https://***.verwaltungsvorschriften-im-internet.de/bsvwvbund_03022016_MI12100972.htm

However, staying illegally in Germany (illegaler Aufenthalt) is punishable as a crime. You may be charged with this crime. Depending on how long you have lived illegally in Germany and if you have any other legal issues, you could then be considered a threat to public order and security. In this case, they could refuse to give you a residence card.

In short, you cannot be refused a residence card solely because you do not have a valid visa. But you can be refused if you are additionally considered to be a threat to public order, possibly due to having stayed in Germany illegally.

I advise you to seek out legal advice and/or migrant advisory services to assist you during this process.

Best,

Éanna

Answer 2

Hallo, did you marry her in Poland? Then is better you register the marriage there and obtain a residence card.  Then after a few months you can come back to Germany to change it.  Otherwise Germany might ask you to go apply for a family reunion visa in your country

Comments

I did not register my marriage in Poland, I registered my marriage in Germany, but at my country's embassy. I am living illegally in Germany. As usual, if I marry a German, I have to go back to my country to apply for a family reunion visa. I don't know if I marry an EU person, is there any difference? Are the laws different? Can I stay? Thank you.

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Which country was the marriage concluded? Did you do a proxy or online marriage? Or you were both present during the marriage?Is your spouse currently employed in Germany? How many years has your spouse been living in Germany? And which German state she reside?
If you can answer these 6 questions, then I can advise you..
Thanks

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1).Did you marry her in Germany or in Poland or where?
2)  Was it online marriage or proxy marriage ... Give two answers

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1: we got married in germany. 2: it was a proxy marriage

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Except you are not sincere... (1) proxy marriage is not allowed or recognized in German Law. But a proxy marriage conducted in a country where the law supports it, then Germany shall consider. But marriage by proxy on  German soil is not allowed.  So I don't know how you were able to marry in Germany via proxy... Except you have further explanation

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như tôi đã nói, tôi và cô ấy đã kết hôn tại đại sứ quán Việt Nam ở Đức, bởi vì vợ tôi có 2 quốc tịch (Việt Nam và Ba Lan) nên chúng tôi có thể kết hôn ở đó. nhưng thực sự chúng tôi đã kết hôn. cảm ơn

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Then it is not a proxy marriage since you were both present during the marriage. I can advise you to register the marriage certificate in Poland if you can find your way to enter Poland.  Otherwise, contact a well experienced immigration lawyer in your city in Germany for more advice.  Since you are illegal, you must submit your documents through a lawyer

Answer 3

1).Did you marry her in Germany or in Poland or where?
2)  Was it online marriage or proxy marriage ... Give two answers

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