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Germany: Whether a German national who fails to register his or her marriage to a Mexican citizen with the German Consulate in Mexico can have the marriage recognized by the consulate in Canada and have residence in Germany extended to the spouse

According to information provided on the Website of the German Consulates, United States, non-German citizens who marry German nationals and who wish to reside in Germany for more than 90 days, are required to apply for and obtain a residence permit before entering Germany (n.d.). The exceptions to this regulation are nationals of Australia, Canada, Israel, Japan, New Zealand, Switzerland and the United States as well as nationals of the member states of the European Union (Website of the German Consulates, United States n.d.).

The German Embassy in Ottawa was unable to respond to questions concerning whether a Mexican citizen can apply for a resident permit in Canada (18 Mar. 2004). According to a Consular Attaché, the embassy recommends that the applicant "contact the competent Alien's Authorities of the town/city where the applicant intends to settle ... for the requirements to obtain a residence permit" (German Embassy, Ottawa 18 Mar. 2004).

The Website of the German Consulates in the United States describes the application procedure as normally requiring the applicant to apply in person at a German embassy or consulate by providing two completed application forms as well as other documentation including the following:

– Two passport photos,

– A valid passport and one copy,

– Original or certified copy of marriage certificate including an Apostille,

– Original or certified copy of the spouse's German or European Union passport or a German residence permit,

– Visa fee (German Consulates, United States n.d.).

Further documentation may also be required.

An Apostille is a validation "performed by the superior office in the country and state (province) where it was issued" that is stamped onto documents to certify their authenticity (United States Diplomatic Mission to Germany Jan. 2002). As of 14 August 1995, the German Embassy in Mexico does not provide Apostille certification but requires an applicant to have their Mexican public documents signed by an appointed Mexican public notarizing authority (Embajada de Alemania en México n.d.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Embajada de Alemania en Mexico. n.d. "El uso de actas mexicanos en Alemania y actas alemanas en México (legalización/apostilla)" <http://www.embajada-alemana.org.mx/asuntos_consulares/AC_E_actas.htm> [Accessed 11 Mar. 2004]

German Consulates, United States. n.d. "Permanent Residence with German Spouse." <http://www.germany-info.org/relaunch/info/consular_services/visa/permanent.html> [Accessed 11 Mar. 2004]

German Embassy, Ottawa. 18 Mar. 2004. Correspondence from Consular Attaché.

United States Diplomatic Mission to Germany. January 2002. American Consular General in Munich. "Apostille Information." <http://www.usembassy.de/consular/munchen/pdf/apostille.pdf> [Accessed 11 Mar. 2004]