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Marrying a rejected asylum seeker in Austria submitted by Aca in Legal advice

Hello everyone. Here is my story. I’m from Romania, I was working in England for the last 2 years. I meet my boyfriend last year in Austria witch is a refugee from Nigeria. I tried to move in Austria with him but the process is very difficult, he is staying in a refugee camp and I can’t leave there, we tried to rent an apartment but is very hard without a having a job. I don’t speak german so I didn’t get a job. I decided to go in Germany where my brother is leaving, I find a job here. Now my boyfriend is still in Austria he get his negative response last year in November and the lawyer advised to apply for a Duldung. But she didn’t do nothing but keeping asking for money. He doesn’t have any documents and eventually we want to get married. But we don’t want to get married because we are pressured of him being deported. What we can do in this case? Can I merry him in my country and then come back in Germany where I work? Or he can come in Germany to apply for asylum? Or we can do something in Austria so he can get his documents? I’m so afraid that he will be deported even if we try to marry in Austria. I hope someone can help me with some advise

This question has been edited
Hi, u can marry ur bf here in Austria but he needs some documents like birth certificate, marital status certificate from his country. When u get married then he cannot be deported from Austria if u live here. And he ll receive Visa to stay in Austria.
Thank you
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by Thor (Wefugees)

Hello @Aca and welcome to our community,

That’s a difficult situation. Let me try to answer the questions that you asked.

1. Can we marry in Romania and move to Germany?

Your boyfriend needs a valid passport to travel to Romania. That’s why it’s not possible for you to get married there right now. Especially since you said that he has no documents at all. The only alternative would be to get in touch with an Austrian registry office to find out if you can get married in Austria, but still he will need to provide a number of documents (including a passport or ID).

2. Can he apply for asylum in Germany?

That’s not possible because he already applied for asylum in Austria. In accordance with Dublin III convention you can’t apply for asylum in another state that participates in Dublin III (Germany and Austria are in).

3. Is there a way for him to get his documents?

Unfortunately I’m not familiar with the institutional and legal framework in Austria. So there is little I can tell you about the options that you have. I’d highly advise you to get in touch with local counseling centers etc. to find out what you can do. They are more familiar with the situation on-site and most likely more experienced with cases like this.

Best regards,

1 comment
Thank you very much for your answer