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German Law/assylum seeker getting married with duldung


QUESTION: I am from Nigeria.

i am an asylum seeker here in Germany and my asylum procedure is about coming to an end.i was earlier denied,i appealed and i have a court date in a short while which i assume would also be denied.

i have submitted an application to get married here to a German woman,and submitted all the required is currently going through the verification phase.
my fear is that the asylum procedure would be concluded quickly and i could be deported back to Nigeria before a positive feedback from the standesamt.(my passport and all required document is currently with the standesamt).

my questions are

is it possible to get married with a duldung status after my asylum procedure has ended?

is it possible to ask the court to give me time to conclude the marriage here before it makes its decision?

what would be the best way to go about the whole process,i am really confused.

Thanks for your time,i appreciate.

ANSWER: Hello,

yes, it is absolutely possible to get married with your status. In fact, it is very good that you already applied for an appointment for the wedding, as this gives you protection from deportation.

I would recommend to speed up the wedding if you can. For example, it is often easier to get married during the week because all the weekend appointment are booked out months in advance.

It depends on the judge of course, but I think it's worth trying to inform the court that you have already registered for a marriage and that you are about to get married soon and that you will then withdraw your asylum application. You have to tell the court that you will withdraw your application, so that the judge is looking forward to being able to close the case without having to write a ruling. That's his only motivation.

Another option which you would have of course, if everything else fails, is to get married in Nigeria and then apply for a family reunion visa from there. But obviously we hope it won't have to come that far.

I wish you all the best!

Andreas Moser

---------- FOLLOW-UP ----------

QUESTION: thanks for your timely and precise response.

i am a little confused here,are you saying i should inform the court that i am about to get married?

do i still need to go court on the said date or the intended marriage issue is enough reason to postpone the court date.

if the court refuse to give me another date,what would be the best thing to do in this scenario?

thanks for your time....i appreciate

Yes, I would inform the court and tell them that once you will be married, you will drop your asylum application and lawsuit (you won't need them anymore, and as you said you expect it to be denied anyway - also, asylum for Nigerians is very rarely granted). This is the only way how this will be relevant to the administrative court.

Remember, getting married is a basic human right (Art. 6 I of the German Constitution). You are not doing anything illegal, so be open and honest and confident about it, also towards the court.

What the court will do depends completely on the judge. They may postpone the hearing, they may not. If there is a hearing, you will still have to go, otherwise your appeal can be automatically dismissed. If there is a hearing, it would also help if your fiancée would join you to point out that the upcoming wedding will really take place and that it is a legitimate marriage.

Andreas Moser

German Law

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Andreas Moser


Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.


Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.


2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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