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I'm married to a German - Do I have to go back to my home country and come here again with a visa? submitted by rafael in Legal advice

hallo im mena from egypt I'm already married with my german gf and i have now duldung and having stress with auslanderbuhörde of having aufnhalt allubnace and don't know what is the legal action that i should do as they asked me to go back to Egypt and come here again with visa but that doesn't make any sense for me as we are already married and when i say married means it took a lot of time and paper works and also agreement from Oberlandesgericht so if they don't wanna us live together so why did they allow us to marry

This question has been edited
Hello, it is correct that as a person married to a German national you have the right to get an Aufenthaltserlaubnis, but unfortunately it is not uncommon for the Ausländerbehörde in certain cases to ask you to first leave Germany and come back with the proper visa and then ask for the Aufenthaltserlaubnis. Of course this is a very costly and time consuming procedure. And of course it seams totally unnecessary, but it has been ruled by the courts in a number of cases that that it is lawful for the Ausländerbehörde to do this. Sorry for the bad news, Steven
i see anyways thx for your time
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by Thor (Wefugees)

Hello @rafael - welcome to our community! I closed the other thread that you opened because it contained the same question as this one. We try to keep discussions on this platform as transparent and easy to follow as possible. That's why it's better to keep all the information in one place ;)

You are right: marrying a German citizen grants you the right to stay for 3 years with a so called "Aufenthaltserlaubnis" (residence permit). After 3 years you have the right to get a "Niederlassungserlaubnis" (settlement permit).

As far as I can see there is no legal foundation to send you back to Egypt, respectively asking you to come back with a visa. May I ask what reason Ausländerbehörde stated to justify their actions?

@Marcel @Steven

Best regards,

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by rafael

thx thorgen for your answer and your attention ... actually auslandebehörde "apolda " to be specific had no reasonable reason they just said as you have duldung so you aren't allowed to have the aufnhaltserlaubnis and when i said but I'm married they said we are not interested and that have nothing to do with your case and of course they was talking to me and my wife in a very unfriendly way