Schlagwort: asylum

  • Rights After Marriage During Ongoing Asylum Procedure

    Answer:

    Dear Nina,

    First of all, we hope everything works out with your civil wedding, because that will be the first obstacle. The registry office requires many documents from both of you. Usually, a passport, a birth certificate or other proof of descent, a certificate of nobility certifying that you are able of marry according to the law of your home country, especially that you are not or no longer married, and other documents depending on the law of your country of origin are required. The papers from a number of countries of origin must also be checked for authenticity by the German Embassy.

    Nevertheless, you will surely overcome this obstacle, as many others before you, but experience has shown that it can take quite a bit of time.

    Legal situation after marriage

    After the marriage the legal situation is as follows: According to § 31 (1) German Residence Act the refugee has to be granted a residence permit if he married a German. After a period of 3 years, he has to be granted an unlimited settlement permit according to § 31 (2) German Residence Act if the marriage has lasted that long and the spouses do not live permanently apart. That is what we hope for you. For this it is necessary that a marital cohabitation is led.

    Thus, both spouses should be registered at the same address. You should only be registered at different places with valid reasons (e.g. studies in another city, work during the week in another city, too small apartment in case of intended apartment search). Living together is legally not the same as cohabitation. However, unpleasant inquiries from the foreigners’ authority are always to be expected. This is to avoid fake marriages. Hence, you are allowed – if not obliged – to move in together and this may also be in another city.

    In order to travel abroad, you must comply with the respective entry regulations of each country (e.g. is a visa required?). In general, a refugee may travel abroad with his or her residence permit and a passport (either the domestic passport, the blue passport according to the Geneva Refugee Convention or the so-called gray passport). The residence permit according to § 28 German Residence Act (spouse of a German citizen) allows every kind of employment. Thus, your future husband can look for a job.

    We wish you both good luck and success on your further way together!

     

    This article was first published in German.

    https://kohero-magazin.com/frage-und-antwort-rechte-nach-einer-heirat-bei-laufendem-asylverfahren/

  • Extend a residence permit without a valid passport

    Answer:

    Dear Khalel,

    the good news first: You do not have to go to the Syrian embassy in Berlin and apply for a new Syrian passport or have your old passport renewed.

    You already have a residence permit (subsidiary protection) that has to be extended. According to Section 5 (3) sentence 1 of the German Residence Act the fulfillment of the passport obligation is to be waived if a residence permit, according to Section 25 (2) sentence 1, second alternative of the German Residence act (subsidiary protection) or Section 25 (3) German Residence Act, is granted or extended (see Section 8 (1) German Residence Act). In these cases, the granting or extension of a permit is not to be made dependent on the fulfillment of the passport obligation pursuant to Section 3 (1) of the Residence Act.

    The Federal Ministry of the Interior has clarified this due to an inquiry once again: „Generally, foreigners must present a passport to obtain a residence permit (Section 5 (1) No. 4 German Residence Act). However, this does not apply to recognized refugees and beneficiaries of subsidiary protection and holders of a residence permit pursuant to Section 25 (3) (Section 5 (3) sentence 1 German Residence Act). These are exempt by law from the obligation to fulfill the passport requirement for the issuance of the residence permit. The residence title is therefore to be issued irrespectively of this requirement for issuance.” *

     

    Traveling abroad

    However, if you want to travel abroad, you will need a travel document.

    Persons entitled to subsidiary protection can apply for a travel document for foreigners. This travel document is only issued if the foreigner does not have a passport and cannot demonstrably obtain one in a reasonable manner (Section 5 of the Ordinance Governing Residence). Under the current law, persons eligible for subsidiary protection may also be reasonably expected to apply for a national passport from the national authorities of the country of origin. The specific requirements for the existence of unreasonableness are assessed by the foreigner’s authority according to the circumstances of each individual case.

    Existence of unreasonableness

    The circumstances justifying unreasonableness must generally be explained and proven by the foreigner to the foreigner’s authority (cf. OVG NW, decision of 17.05.2016 – 18 A 951/15). Such could be demanded bribe payments or because the relatives in the home country are endangered.

    So, you should go to the foreigner’s authority and insist on the extension of your residence permit for another 2 years – even if your Syrian passport is no longer valid. Show them the Email of the BMI as below.

    For any remaining difficulties with the foreigner’s authority, you would have to consult a lawyer.

    Good luck!

    *Here you can find the original Email of the BMI: Email des BMI vom 08.pdf

    ***This article was first published in German in 2017 and therefore reflects the law as of 2017***

  • Toleration and permanent employment

    Answer:

    Dear Reader,

    first of all, congratulations on your friend getting a permanent employment contract.

    Tolerated foreigners are persons who have no right of residence in Germany (such as rejected asylum seekers) according to Section 60a (4) of the German Residence Act.

    With a minimum stay of 15 months in Germany, a tolerated foreigner can also enter into an employment relationship. This is stated in Section 32 (5) Nr. 2 of the German Employment Ordinance  of Foreigners. I assume that the Foreigners Authority has been informed about this.

    The Foreigners Authority has probably issued a discretionary toleration according to Section 60a (2) Sentence 3 of the German Residence Act. According to this section your friend can stay in Germany until 2020 in any case, unless he has a passport from his home country (Iraq). With it he could re-enter there, in which case his toleration here expires immediately.

    He could submit a petition to the Hamburg Parliament (procedure for a hardship request). There he should be represented by a competent lawyer.

    However, at the moment I do not see any problems with his toleration if he abides by the laws here in Germany, fulfills his employment contract and continues to integrate.

    Good luck for your friend!

    This article was first published in German and.

  • From Greece to Germany as a Syrian refugee?

    Answer:

    Dear reader,

    unfortunately, we cannot help you and especially the Syrian refugee in Athens. There is no legal way for Syrian refugees in Greece to enter Germany (apart from the one mentioned below). He has no family here, no German education or working contract, etc. Therefore he has no right to stay in Germany based on national or international law.

    If he sees a possibility – by whatever means – to come to Germany, he can apply for asylum here. This is likely to be granted. If he is already registered in Greece (with his fingerprints) or has filed an asylum application, he does not have to expect to be deported back to Greece (in case of a possible negative asylum decision in Germany).

    Sorry that we can’t help more there. Just try to stay in touch with him on a regular basis and try to build him up emotionally. At least he is safer in Greece than in Syria….

    This article was first published in German .

    https://kohero-magazin.com/meine-frage-eure-antwort-2/

    Slight possibility

    P.S.: There might be a possibility for him to come to Germany in case he has got the status of a recognized refugee in Greece meanwhile and holds a passport for refugees. Then he is allowed to travel within the Schengen countries and stay for 90 days in Germany.
    He could apply for asylum in Germany. Following a court judgement of Oberverwaltungsgericht Düsseldorf from 26.1.2021 he cannot be sent back to Greece and his asylum case in Germany is permitted. Usually according to the Dublin Agreement the asylum case has to be decided in the country of first entry in the EU. The court ruled that it is a violation of human rights to send refugees back to Greece as the situation there is intolerable for refugees (no accommodation, work, medical treatment).
kohero-magazin.com