How can I marry a refugee
Can an asylum seeker get married in Germany? Requirements and everything about the required papers and the suspicion of a marriage of convenience!
A marriage is undoubtedly one of the high points in a person's life. Usually you get married out of love and because the relationship works well. Some marry to save taxes. As a refugee and asylum seeker, you also have the right to marry in Germany. However, the marriage often fails because the necessary papers such as passport or birth certificate cannot be presented or because the registry office suspects that there has been a fake marriage (also known as "fake marriage").
Requirements for a marriage in Germany
Asylum seekers marry (© BillionPhotos.com - fotolia.com) In order to get married in Germany, the following must be done requirements be fulfilled:
- It may no marriage ban according to §§ 1306 ff. BGB (e.g. marriage between relatives is prohibited). If the marriage is entered into despite an existing marriage ban, the signed marriage is effective, but it can be contested.
- Both partners must marriageable be, i.e. at least 18 years old. The aim is to avoid so-called "child marriages".
- Both partners must legally competent be. Section 1304 BGB states that a person who incapacitated is, cannot enter into marriage. So you have to be able to do that Consequences to understand marriage. If the marriage is concluded and there is no legal capacity, the family court can later annul the marriage.
- valid Identity card or passport must be presented,
- current Registration certificate must be presented (not older than 14 days),
- current certified copies from theBirth registers must be presented,
- If one of the partners was already married, a current certified copy from the marriage register about the last marriage or the dissolution (divorce decree / death certificate) must be submitted,
- at binational marriages need appropriate Certificates of marital status be taught. When a Foreigners want to get married here in Germany are always the To meet the marriage eligibility requirements of the home country; so he always has to Certificate of marital status provide which is no more than 6 months old. If a state is unable to issue the certificate of marital status or the person concerned is stateless and has his habitual residence in Germany, the competent higher regional court can grant an exemption.
- A registrar must perform the wedding ceremony. So marriage has to happen before you Registry office be made. The marriage is then entered in a register there.
- Both partners must personally present (power of attorney possible in exceptional cases).
Marriage with tolerance
As a refugee or asylum seeker, you also have the right to get married in Germany. However, the same requirements mentioned above apply to them. This means that you have all the necessary documents (especially Passport or citizenship card, birth certificate, certificate of marital status etc.), usually in the country of origin.
In practice, however, it happens that some refugees and asylum seekers are not in possession of ID cards / passports, but only in possession of a residence permit or tolerance. They allegedly lost their passports while fleeing or they were taken away from them. If you are in possession of a Duldung and can show a passport at the same time, you can get married as a refugee. However, it must be ensured that the personal data in the Tuldung match the data in the passport. Otherwise the marriage will not take place or only if the data is corrected / changed accordingly.
Asylum seekers marry without a passport
However, many refugees have problems presenting a passport. Section 5 of the Personal Status Ordinance (PStV) states that the nationality of the foreign spouse can be proven by means of a passport or a nationality card.
An expired passport is usually sufficient as proof of identity.
Asylum law (© fotomek - fotolia.com) However, many refugees do not have one of these documents and do not want to enter the embassy of their country of origin because they are afraid of being arrested or the like.
However, if a passport is missing, the mere tolerance for the marriage is not sufficient.
The Duldung is not an official proof of identity, but a suspension of the deportation.
Before you want to get married, you should inquire at the registry office which documents must be presented. Some documents that have been obtained from the country of origin sometimes still have to be German Embassy for the purpose of Authentication must be presented, depending on which country you come from.
If the country of origin does not know or issue a marriage certificate, an application for exemption must be submitted to the Higher Regional Court.
Otherwise, the registry office can reject the marriage if there are reasonable indications that the partners only want to get married without really wanting to enter into a marital partnership, but only for the purpose of residence advantages or the like.
Marriage and deportation
Deportation can tear marriages and families apart. Article 6 of the Basic Law places marriage and the family under special protection. Article 6 of the Basic Law gives rise to the so-called freedom of marriage, which also applies to foreigners. Nevertheless, a person who is obliged to leave the country under Section 50 of the Residence Act can be deported. Marriage is thus constitutionally protected and only guarantees limited protection against deportation. According to Section 60a, Paragraph 2 of the Residence Act, a person is entitled to a suspension of deportation if the Marriage to a German citizen in the federal territory right away is imminent.
An imminent marriage is given if:
- a civil status notification within the meaning of Section 13 (4) sentence 1 PStG (Personal Status Act) is available (The registry office informs that the requirements for a marriage are met and the marriage can be concluded; the notification is binding),
- the 6-month period of § 13 paragraph 4 sentence 3 PStG has not yet expired (6 months must not have passed since the notification by the registry office; otherwise it must be re-registered and checked),
- and one can demonstrate or make credible that the intended marriage should / will take place within the period of § 13 paragraph 4 sentence 3 PStG.
Deportation despite marriage
A marriage that is not imminent is to be assumed if the date for the marriage cannot be set because there are reasons against it that fall within the sphere of the engaged couple (documents are missing, etc.). In such cases, the suspension of deportation is out of the question and the person required to leave must leave the country, i.e. can be deported.
The mere intention marrying a German does not protect a foreigner from deportation. The Saarland Higher Administrative Court decided on July 10, 2006 (Az. 2 W 27/05). Protection against deportation only exists if the marriage intentions are serious and the future spouses have done everything in their power to put the marriage into practice, according to the court. A engagement does not protect against deportation anyway.
Marriage of convenience
If you as a refugee and / or asylum seeker would like to marry a German, you have to expect that the registry office or, above all, the immigration office will come up with the idea of checking whether there is a “fictitious marriage”. A marriage of convenience is indeed one formally valid marriage, however, is theirs The purpose is not the formation of a marital support and cohabitation community.
Fictitious marriage (© stadtratte - fotolia.com) This is only concluded so that one of the partners or even both partners have one legal advantage - usually one residence permit advantage - draw from it.
In practice, marriages of convenience are concluded against payment of money or sex or other advantages, out of pity, willingness to help or even because of deception about the real purpose. A marriage of convenience can be no rights of residence derive, so that there is no entitlement to a residence permit.
If the authority has initially issued the residence permit and the marriage of convenience only emerges later, the residence permit can be issued Section 48 VwVfG withdrawn become. Merely entering into a fictitious marriage does not constitute a criminal offense. If a residence permit is obtained by fraud or is only applied for because of the fictitious marriage, one comes Offense in accordance with Section 95 (2) No. 2 of the Residence Act into consideration.
Asylum seekers get married in Denmark
More and more partners are getting married in Denmark because there less papers are needed than in Germany. That is how it goes faster and much easier. And above all, the marriage is in Denmark also valid in Germany. Also same-sex, foreign, and binational couples can marry in Denmark without any major problems.
Some registry offices in Denmark even hold weddings on Saturday. Both partners must at least 18 years be old and there is one Witness duty. If you don't have your own witnesses, the registry offices in Denmark provide them.
You definitely have to have a valid one Passport or ID as well as a so-called Marital status certificate (certificate of marital status) that is not older than 4 months. One more must be on site Declaration of marriage fill out.
If someone is divorced, widowed, or not a citizen of the EU, additional relevant evidence and documentation must be provided. In such special cases, you should inquire directly at the registry office in Denmark which one should carry out the wedding. All documents must be brought to the registry office or sent by post.
The processing time usually takes 2 to 4 weeks. Most registry offices require the bride and groom to enter Denmark at least 1 day before the wedding.
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