Hello dear members,

I am Dutch, born in the Netherlands.
My partner has a duldung in Germany. He is there for 4 years.
We would like to marry. What can we do?
Is it possible to marry with duldung in Germany?

Thank you so much in advance

It's possible to get married with a Duldung, however a passport and additional documents (with ones depends on your finances country of origin, the local register office - Standesamt can provide you with a list of requried documents) need to be sumitted. The documents also have to legalised or verified by an embassy-hired attorney. Again, this also depends on which country your fiance is from. The latter option ist usually a costly and lenghty procedure.

Also keep in mind that, if he only has a Duldung because he doesn't have a valid passport, it is also generelly possible for him to get deported should the foreigners office (Ausländerbehörde) recieve information about him actually having a passport. You might want to seek legal advice before you get the process started if that's the case.

Thank you a lot for the reply.

Yes indeed, showing a passport is the difficult part since he left his home country and ask asylum in Germany, he dont have a passport.

Does somebody knows a good German lawyer who has experience with Duldung marriages?

Thank you!

Where is he from? What is your citizenship?
Did he destroyed his passport? Or did he "lose" it?

With a Duldung usually You cant marry, because the identity is not proven.

I am Dutch ( niederlandisch).

He from Iran. He didn't loose it but destroyed it.

Ana_ schrieb am 16.04.2015 um 19:24:39:

destroyed it.

congratulations.

he will need to prove his identity and also the preconditions (e.g. that he is unmarried) to get married.
No identity no marriage

He might get an identity card from the iraqi consulate, but this would prove that the request for asylum was lacking a basis.
Most propably he will need to return to Iraq and request for a marriage visa.

Best he can do is to start to clarify all needed actions with german Standesamt at the place you are living.
Best case all items for marriage can be clarified before he receives official call to leave Germany. In this case, with proven date for marriage he might get permission to stay.
In other case at least the clarification of documents needed for marriage is started, but he will need to return to iraq and apply for new Visa.


edit
upps, sorry, replace Iraq by Iran

If somebody applies for iranian shenasnameh he has to give in about 6-12 passport pictures... every iranian knows his birth register number. So he should contact the iranian consulate/embassy to reacquire his shenasname. They should be able to identify him. If he has his shenasname, he should be able to reacquire his passport.

If you can find a way to get married in the Netherlands, he can then come right back to Germany with you and immediately request an EU-residence card as the spouse of an EU-citizen - no other strings attached. I suggest you discuss the matter with a Dutch lawyer.

Hello,


cabrio schrieb am 17.04.2015 um 01:00:51:

request an EU-residence card as the spouse of an EU-citizen - no other strings attached.

but without a passport, a residence card cannot be issued.

Kind regards

dgstein

erne schrieb am 16.04.2015 um 23:54:20:

He might get an identity card from the iraqi consulate, but this would prove that the request for asylum was lacking a basis.

That the request for asylum was meritless is established anyway. After all, it has been rejected. Turning to the embassy at this point does not as such bring about any additional exposure of the person concerned vis-à-vis the German authorities in relation to the asylum claim that is at any rate no longer pending.


erne schrieb am 16.04.2015 um 23:54:20:

Most propably he will need to return to Iraq and request for a marriage visa.

Not sure I agree with the "most probably" part here. It all depends on whether it is possible for the applicant to obtain the shenasnameh as well as the marriage capacity certificate several weeks before a passport or laissez passer is issued or available to the Ausländerbehörde, in which case the verification of documents at the OLG - which does not seem overtly complicated for Iranian documents - can be completed during a period during which the Duldung must still be extended since, for lack of papers, the ABH is impeded from removing the person concerned to Iran.

I guess it is all a matter of careful planning and timing which is of course subject to how accomodating the Iranian embassy is vis-à-vis both, the person concerned and the ABH, and how seriously the removal is pursued on the part of the specific ABH in question.