Stay of Deportation on the Grounds of Expected Marriage to a German

Many foreigners believe that applying to marry a German automatically forbids deportation. That is not and never was the case. There is no question that spouses of Germans have a claim to enter and remain in Germany as long as they cohabit. But what should you do during the period between having decided to marry and actually being married? German law will give you a break if the marriage is immediately pending. But when is “immediately pending”? The OVG Saxony answered that question on February 8, 2005 (re 3 BS 426/04).

Are you assuming that all you have to do now is seek out a willing cleric of your denomination or religion and get married? Unfortunately that will not suffice because §67 PStG requires you to be married “before a registry officer”. Anyone who disobeys is subject to a fine. This means you have to apply at the relevant German registry office to be married in Germany. German law does not care if you want a “divine blessing” – as long as it happens after the administrative act.

The Superior Administrative Court of Saxony decided that you can apply for a stay of deportation if the registry office has set an appointment or a binding date can be set for the marriage This will usually be the case when the officer has received all required documents to determine that there are no legal hindrance to the marriage. As long as even one seemingly unimportant document is missing, it is legally assumed that your marriage is not immediately pending. Thus your deportation cannot be hindered. What is the point of all this? All this commotion aims at preventing sham marriages.

Do not forget, if your residence permit / visa cannot or will not be extended, you must leave the country in order to easily return later!





Published on the old CMS: 2006/8/2
Read on the old CMS till November 2008: 1,137 reads