Marriage

Marriage to a German or resident alien

Which papers are necessary?

Residence status during marriage (Aufenthaltsstatus während der Ehe)

Independent right of residence (Eigenständiges Aufenthaltsrecht)

Feasibility of marriage abroad (Eheschließungsmöglichkeiten im Ausland)

Marriage to a German or resident alien

Usually, individuals who come from countries other than those of the EU must be married for four years. In order to obtain an independent right of residence. In cases of hardship, being already married for one year is theoretically sufficient (see below). Residence abroad for a number of years after the marriage may mean that the four-year validation period begins anew on the date of return to Germany. Before a lengthy period of residence abroad one should therefore determine exactly how long this validation period is expected to last.

The aliens authority acts immediately if a person is divorced before the completion of the four-year validation period. Aliens lose their residence approval (Aufenthaltsgenehmigung) through divorce.

Marriage to a German is increasingly becoming known by the accusation of a marriage of convenience, and directly due to this suspicion controls are increasingly being carried out. These controls range from a simple check of a common residential address, to a questioning of the neighbours. In this respect the methods of the authorities vary within Germany from state to state.

Towards the end of 1997 the council of the European Union called upon member states to implement measures against marriages of convenience. The new Marriage Act came into force in the FRG on 1.7.1998, whereby registry officials are duty bound to refuse to take part in the ceremony in any way if it is 'obvious' that the marriage is not serving the purpose of a 'matrimonial partnership'. Only the passage of some time will indicate how this change in the law should be applied in practice. The Bavarian ministry of the interior for example has instructed registry office directors about this new law but the contents of these instructions is still unknown. On the whole it should be assumed that by suspicion of a marriage of convenience individuals will be more often and more precisely questioned.

Questionnaires exist with such questions as:

From the state of Hesse one case is known of, in which a Kurdish woman was charged for the cost of the necessary translation of such a questionnaire.

Legally, no one is obliged to fill out such questionnaires or answer similar verbal questions. Those who decide not to do so (perhaps a wise decision) must nevertheless reckon with other means of inquiry, such as the above mentioned snooping around the neighbourhood.

One suggestion from members of the CDU (German conservative party), to prohibit marriage between asylum seekers and Germans, appears to remain a minority view and for the time being rejected.

Which papers are necessary?

Those papers which are required for marriage partly depend on the country of origin of the alien and to some extent upon the registry offices themselves. The nearest registry office in each case will provide the necessary information.

Marriage at a German registry office usually requires the following papers:

Certificates may be no more than six months old at the time of marriage and must be translated into German.

Final approval for a marriage is given by the presiding Oberlandesgericht (state supreme court) of that particular federal state.

Problems with papers, especially with verifications by the German embassy in the country of origin can be circumvented, if need be, by marriage abroad. Recognition of marriages within the EU but outside Germany has been until now no problem, as far as we know. Those who have married in a non EU country must reckon with such questions as mentioned above.

Residence status during marriage (Aufenthaltsstatus während der Ehe)

A temporary residence approval is issued immediately after the marriage, which is usually replaced by a permanent residence approval after four years of marriage.

If the alien is sentenced for committing a crime during this period of marriage, (s)he may be deported.

Independent right of residence (Eigenständiges Aufenthaltsrecht)

Only after four years of marriage does the spouse receive an independent right of residence.

A right of stay for foreign women independent of the husband has been lobbied for some years, but presently it is politically not attainable. Even women who for example flee to a women's refuge or obtain a divorce because they or their children have been abused, must reckon with deportation. They may not necessarily be able to rely on the 'hardship regulation' since a condition of extreme hardship is a matter of interpretation for the authorities (see also the section 'concerning women').

Feasibility of marriage abroad (Eheschließungsmöglichkeiten im Ausland)

Marriages abroad which have taken place in accordance with the laws of that country, are accepted as legally binding in Germany without any formal recognition process. As proof that the marriage has taken place, foreign marriage papers should be submitted to the registry office at the place of residence immediately after return to Germany. Such foreign papers must be accredited, and stamped as such, by German representative agencies abroad. In many countries accrediting is carried out by a so called apostille, an endorsement according to an internationally standardised muster, replacing the standard annotation of the authorities of the foreign state.

© unlimited - Stadtratte, 99-07-22 - www.nadir.org/nadir/initiativ/migration/