Last Updated: Saturday, 02 June 2012, 07:06 GMT

Title	Germany: Possibility of remaining in Germany for a person who married, in Germany, a person with refugee status in Germany, where the former's application for refugee status has been rejected (follow-up to DEU37612.E of 12 July 2001)
Publisher	Immigration and Refugee Board of Canada
Country	Germany
Publication Date	24 August 2001
Citation / Document Symbol	DEU37775.E
Reference	4
Cite as	Immigration and Refugee Board of Canada, Germany: Possibility of remaining in Germany for a person who married, in Germany, a person with refugee status in Germany, where the former's application for refugee status has been rejected (follow-up to DEU37612.E of 12 July 2001), 24 August 2001, DEU37775.E, available at: http://www.unhcr.org/refworld/docid/3df4be2933.html [accessed 3 June 2012]
Disclaimer	This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Germany: Possibility of remaining in Germany for a person who married, in Germany, a person with refugee status in Germany, where the former's application for refugee status has been rejected (follow-up to DEU37612.E of 12 July 2001)

On 17 August 2001 an official at the embassy of Germany in Ottawa stated the following:

According to § 70 (I) AsylVfG (German asylum procedure law) applicants enjoying "small asylum" pursuant to § 51 (I) AuslG (German foreigner law) receive a so-called "Aufenthaltsbefugnis" which is a sort of temporary residence permit. This "Aufenthaltsbefugnis" does not include the spouse's right to move to and stay in Germany. According to § 18 (I) AuslG the – stronger – residential status of an "Aufenthaltsberechtigung" would be required for such a right. However, according to § 31 (I) AuslG, the spouse of a foreigner with an "Aufenthaltsbefugnis" may also receive an "Aufenthaltsbefugnis" under the stricter conditions of § 30 AuslG.

The decision whether this "Aufenthaltsbefugnis" should be granted or not is a discretion; it has to take into account the humanitarian situation of the applicant and is regardless of the applicant's income.

The text of Germany's Act Concerning the Entry and Residence of Aliens in the Territory of the Federal Republic (Aliens Act – referred to above as the German foreigner law) is accessible in REFLEG, through REFWORLD.

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.

Reference

Embassy of Germany, Ottawa. 17 August 2001. Correspondence from an official.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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