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German Law/marriage to asylum seeker


I am a UK resident and my boyfriend is currently claiming asylum in Germany. He has been told we cannot marry until he has German residency. Is this a breach of human rights act which entitles people to marry. Please can you advise what the process is so we can marry
Thank you.

Hello Ellie,

whoever told your boyfriend that was wrong.

As you rightfully point out, marriage is a human right (although the British Human Rights Act does of course not apply in Germany) protected under Art. 6 I of the German constitution.

Asylum seekers can get married in Germany if they have documents with which they can prove their identity (a passport would be best). Depending on the country of origin, Germany may also ask for a statement from the home country about your boyfriend's civil status to ensure that he is single and not yet/still married to someone else.

You don't need to wait until his asylum process is concluded, but of course you would need to travel to Germany for the wedding. You can register for it at city hall of the municipality where he stays.

All the best to both of you!

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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