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German Law/How to require a german residence permit with Asylum Seeker?


Mr.X is from Africa, a country which need a visa to enter Germany. Mr.X entered Germany with a Visit Visa for the purpose to visit his German Fiancee. Mr. X and his Fiancee decided to go to Denmark to get married. After Mr.X and his wife returned to Germany his Visiting Visa was expired and Mr.X decided to apply for Asylum Seeker because he cannot return to his home country for personal reasons. After Mr.X applied for Asylum Seeker his application got rejected after 3 months. What should Mr.X do because he has a german citizen wife with a legalised marriage certifcate? Should Mr.X get a lawyer or the German Government will give him a family residence permit?

Thank you for your assistance.

This mysterious Mr X can apply for a residence permit based on 28 I AufenthG due to being married to a German citizen. In fact, that's what he should have done in the first place instead of applying for asylum.

He doesn't need a lawyer for that, it's a relatively straightforward process.

Enjoy Germany!

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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