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Marriage with German Lady From Swiss Recognized refugee with B permit submitted by Tommy in Legal advice

Hello ;

I am resident in Switzerland Since February 2014 as political refugee with a permit B and I work and pay social insurance in Switzerland. I also have a swiss travel document issued as per the geneve convention and international law which is. valid for 5 years . I am originally from egypt but don't hold my Egyptian passport nor my Egyptian National ID . I also can't get access to do any official translations with any of the Egyptian consulate in Europe as I don't have Egyptian documents .

Now, I have a fiancé in germany , German national, and we are thinking and planning for marriage .

My question are :
1- Will I be able to marry her in germany with my swiss permit and swiss travel document for refugees ?
2- Are these documents sufficient for the marriage as per the German law ?
3- And will I be able to have a residence in Germany based in this marriage in Germany ? ( She was born and living in Frankfurt - Hesse ) . She has kids; so it's more practical that I move to live with her as her children are having schools and social life there since long time.

4- And what Kind of residency permit will I have in germany then ?

5- And will this affect my status in Switzerland ?

Many Thanks for your advise

Regards

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by Thor (Wefugees)

Hello @Tommy,

welcome to our community!

1) Will I be able to marry her in Germany with my Swiss permit and Swiss travel document for refugees?

In order to get married in Germany as a foreigner you need a valid visa (“Visum zur Eheschließung”). You can apply for that at the German embassy in Switzerland as soon as the competent German registry office (see answer to question no. 2) confirmed that all required documents were handed in. The embassy will then talk back to German aliens department (“Ausländerbehörde”) and issue the visa after they gave their consent.

Source (German language): auswaertiges-amt.de/DE/Inf...

2) Are these documents sufficient for the marriage as per the German law?

In Germany the registry office (“Standesamt”) is competent for marriages. Your fiancé should go to the Standesamt in her city and ask them which documents you need to provide in order to get married. As stated above, you can proceed to apply for a visa after you handed in all the documents.

We had a similar question about the required documents in the community recently. Please check out the information provided here:

wefugees.de/k/questions/1997

3+4) Will I be able to have a residence in Germany based on this marriage. And what kind of residency permit will I have in Germany then?

Marrying a German citizen grants you the right to live with your wife in Germany. You will receive a so-called residence permit (“Aufenthaltserlaubnis”) that is usually valid for 3 years - after that you get a settlement permit ("Niederlassungserlaubnis") if you fulfil certain criteria.

Sources (German language): rechtsanwalt.com/rechtsnew...

justlanded.de/deutsch/Deut...

5) Will the marriage affect my status in Switzerland?

Unfortunately I’m not really familiar with Swiss asylum law, so I can only guess. I assume that you will lose your refugee status in Switzerland if it is replaced by a German “Aufenthaltserlaubnis”. But probably it’s best to ask the competent authorities in Switzerland (maybe the State Secretariat for Migration) about what’s going to happen if you two get married.

Best regards,
Thorgen

This answer has been edited
4 comments
Thank you very much for your relpy @Thor I appreciate it ! One point regarding me having visa to germany ; indeed With my Swiss travel document and Swiss Residnenc ID , I travel accroaa all Europe with no need for a Visa . I indeed travel and have traveled many time to germany like this and it's legally correct . With this in mind ; do I have still to issue the visa as you mentioned in point 1 ? Many thanks
Tommy
Hi @Tommy - I'm glad that my answer was helpful to you! The first link that I posted says: "Sobald das Standesamt die Vollständigkeit der Unterlagen bescheinigt, kann Ihr Partner ein Visum zur Eheschließung in Deutschland beantragen". That means: "As soon as the registry office confirms that all required documents have been handed in, the foreigner (that wants to get married to a German citizen) can apply for a so-called 'Visum zur Eheschließung in Deutschland' (visa to get married in Germany)". Citizens of EU-member states as well as Swiss citizens don't need this type of visa, but your B permit doesn't put you on a par with Swiss citizens in this legal aspect. So as far as I can see, you need this visa. In other cases of course you are right: You can travel easily using your passport, but this is a special case. Anyways, to make sure that I'm not giving you wrong information we can ask @Marcel or @Steven for advice. They are lawyers and maybe they can confirm what I said (or correct me if necessary ;) Best, Thorgen
Thor (Wefugees)
Thank you Thor very much for your haste response and support . How can I ask ( direct a question ) to @Marcel or @Steven by name in this group chat ? Or they already have seen this as you mentioned them ? Appreciated a lot
Tommy
Hi @Tommy - the Wefugees platform software automatically sends an email to a linked user. You can link them by mentioning them in your comment and putting an "@" in front of it.
Thor (Wefugees)
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