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Marriage and living

Last activity 23 June 2021 by TominStuttgart

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tfkelley349

My Danish fiancé and I (American) are wanting to get married. We are looking at alternatives near Denmark in case Denmark will not allow me to marry and stay in that country. She wants to be close to her family. Was wondering if anyone has knowledge of or information on German marriage laws and how that would affect visas. Thank you in advance.

iksobarg

Hello, my experience is a bit dated but you will likely get the info you need here soon.
AFAIK it's quite a production to get married in Germany, and if neither of you is German citizen nor has family here why wouldn't you just marry in Denmark? It should definitely be a lot easier and practical. That's it for what I have. Good luck.

beppi

Denmark has the reputation to be the easiest place in Europe for marrying as a foreigner - just short of Las Vegas. (Whether that allows you to get a Danish visa is another issue, best asked on the Denmark forum.)
In Germany, you have no chance of marrying if neither of you is a resident here. And even if both of you reside  here, there is a whole lot of (regionally different) buerocratic hoops to jump through before the wedding day.
After that, however, if one of you has a German residence visa, the other one will get a family reunion visa to join his/her spouse.

tfkelley349

Thank you for the reply. Just trying to cover every angle.

ALKB

beppi wrote:

Denmark has the reputation to be the easiest place in Europe for marrying as a foreigner - just short of Las Vegas. (Whether that allows you to get a Danish visa is another issue, best asked on the Denmark forum.)
In Germany, you have no chance of marrying if neither of you is a resident here. And even if both of you reside  here, there is a whole lot of (regionally different) buerocratic hoops to jump through before the wedding day.
After that, however, if one of you has a German residence visa, the other one will get a family reunion visa to join his/her spouse.


As the spouse of a Danish (EU) national, a family reunion visa would not be applicable, they'd just apply for a Residence Card  for Family Members of EU Nationals in-country.

Apart from that, loads of German get married in Denmark because even for us it's easier to marry in Denmark than in Germany. I got married in Denmark for that reason (non-EEA husband). My cousin got married in Denmark (German/German couple).

I have heard though, that getting married is actually more difficult if one partner is a Danish national.

TominStuttgart

Members of an EU national's family are fundamentally entitled to immigrate to Germany. BUT!

EU citizens and their spouse and minor children have free movement and a right to work. But they still have some conditions to actually live in Germany. While their spouses and kids have a general right to join them,  it's also NOT absolute, they still need a family reunion visa if they are non-EU citizens and don't have a resident card from an EU country. If they do have a resident card, then they don't need a visa but to register upon arrival and be issued the residency permit - but it is not issued without condition. There are requirements that they live together, there is enough income and living space and of course that the person has no serious criminal record, otherwise, even the spouse of an EU nation or German citizen can be refused to even enter Germany none the less immigrate!   

But if later convicted of a serious crime, ANY foreign national can be deported. Being married to an EU national and/or having a long term residency will not stop this. Thus only becoming a German citizen gives an absolute right to stay in Germany.

I am listing some relevant information from the Germany Immigration Authority (BAMF) that mentions the rules

Source: https://www.bamf.de/EN/Themen/Migration … -node.html

"If you are a national of a Member State of the European Union, of another country belonging to the European Economic Area (EEA), or of Switzerland, then you enjoy freedom of movement. You can enter Germany at any time and spend time here.
All you need in order to stay in Germany for up to three months is a valid identity card or passport. No other conditions need to be met. No visa is required.

You may stay in Germany for more than three months
?    if you are employed, self-employed, or are undergoing training or studying,
?    if you are looking for work,
?    if you have sufficient funds to support yourself in spite of being neither in employment nor pursuing studies or undergoing training, and you have adequate health insurance cover, and
?    if you have acquired a permanent right of residence by being lawfully resident for five years.
Make it in Germany 
Members of your family who come to Germany with you or subsequently join you in Germany have the same right to freedom of movement, even if they do not originate from the EU, the EEA or Switzerland. This applies to spouses and registered partners and children up to the age of 21. Your older children, grandchildren, parents and grandparents can also accompany you to Germany, provided that you can support them. Please consult the section on "Family reunification" for further information.
Depending on their nationality, members of your family may require a visa for a stay of longer than three months in the EU. You will find further information on this in the section entitled "Entry regulations". "

Source: https://www.bamf.de/EN/Themen/Migration … -node.html

"Members of an EU national?s family are fundamentally entitled to immigrate to Germany.

Spouses or registered partners

If your spouse or registered partner is an EU national, you can immigrate to Germany to join them. If your partner is not working (because they are a student or pensioner, for example), only adequate health insurance cover and an adequate livelihood is required. These resources do not need to originate from the EU national - they may equally be provided by the partner immigrating to Germany, or may originate from another source.

The residence card and the permanent right of residence

If you are a member of an EU national's family, you will receive a residence card within six months of registering in Germany, once you have provided the requisite information. This confirms your right to reside in Germany. It is not necessary to separately apply for the residence card.

If you have been living together with the EU national in Germany for five years, you will be granted an open-ended right of residence. You will be issued with a certificate confirming your open-ended right of residence within six months of your application.

Members of an EU national's family only require a visa if they do not yet have a residence card. Entry to Germany is not contingent on which EU Member State issued the residence card. The residence card together with the travel document specified on the residence card will always be sufficient for the purpose of crossing the border. There is no charge for the visa itself."

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