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Can asylum seekers get married? submitted by Kikia in Legal advice

Hello
I am looking for marriage law in Germany. I am asylum seeker in Germany and my girlfriend is from Poland . She is not living in Germany but we r together from 3 and half years.she comes to Germany because I don't have permission to travel Poland. My asylum application was rejected and I had an appeal option so I have done this appeal and it's in progress. I am very affraid what should I do ?
Now my girlfriend and I want to get marriage in Germany .
My question is that during asylum application is it easy to get marriage?

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Thanks you very much for the information
Kakai
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by Baris

Hello Kikia,

welcome to Wefugees and thank you for your question.

To marry in Germany you need to provide a number of documents. These include a passport, a birth certificate and a certificate of no impediment (to attest that you are eligible to marry and most significantly, to proof that you are not married or not married anymore). You may need to provide further documents according to the marriage laws of your home country. Moreover, documents from some countries need to be certified by the German Embassy prior to marriage. So, where are you from?

Yet according to Niedersachsen Flüchtlingsrat e.V., only imminent marriages lead to a suspension of deportation. To proof that the marriage will be consummated soon, you need to provide a document from the register office and proof that the marriage will take place in the near future. Also, there might be checks whether it is a marriage of convenience, which means that you might be interviewed and asked about your relationship as well as visits to your home.

Source: nds-fluerat.org/leitfaden/... (in German)

I am not sure to what extent it matters that your partner has Polish citizenship and does not live in Germany. However, once you are married to a EU citizen, you are able to move and work freely in the EU and hence in Germany.

I will link your question to our lawyers @Marcel and @Steven , who can help you with their expertise.

Best
Baris

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Thank you @Baris
Amber
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by Marcel (Lawyer/Rechtsanwalt)

Hi Kikia,

generally it is possible to marry, yes. As Baris points out you need all these documents. And they may also enquire whether it is a fake marriage or not.

If you succeed you will get a permission to stay probably for one year. Then they may enquire again whether you really live together. Therefore it is important both for the application process now and later that you both have the same address where you live together. You will not be allowed to travel to Poland for more than 1/2 a year. It may be a good option to move to a place togehter in Germany therefore
.

5 comments
Thanks for the message. When I get marriage certificate then I can't travel to Poland on that marriage certificate with my future wife ?
Kikia
no, the marriage certificate only entitles you to get a permission to stay in Germany. With your German permission to stay you will only be allowed to stay for 3 months in Poland (within a period of half a year). You will not be allowed to work in Poland.
Marcel (Lawyer/Rechtsanwalt)
Hope this helps you @Kikia
Amber
I want to know that at the moment my girl friend is not living in Germany but she comes every month to meet and does it matter that she does not live in germany and I can get marriage with her and after marriage we live together in Germany ?
Kikia
Hello @Kikia - we discussed the topic of how an asylum seeker and a non-German can get married in Germany quite recently. Please, follow this link: wefugees.de/k/questions/2145
Thor (Wefugees)
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