Marriage Kenya/germany

[dusan]

i am married to a german for three years [in kenya] he lives in german and i live in kenya. i only visit him on a tourist visa which is for three months. so my question is, is my marriage recoqnised by the german law?.          thank you

ANSWER: Dear Faiza,

if both of you were single/divorced/widowed at the time of the marriage, the marriage is recognised in Germany.

You should be able to get a family reunion visa to live and work in Germany according to Par. 28 AufenthG. I can only imagine that you have always applied for a tourist visa and then the embassy of course won't give you more than what you apply for.

Andreas Moser

www.moser-law.com

www.andreasmoser.wordpress.com

---------- FOLLOW-UP ----------

thank you for your ans. right now am in german again for three months although its over and added another month. is it possible for me to get a familie visa while here, do ineed alawyer or do i need to go back to kenya and apply for family re union?

[Trace]

Dear Faiza,

you can apply for the residence permit based on family reunion during your stay in Germany. According to Par. 81 III 1 AufenthG, you will be allowed to stay in Germany until a decision about your application will have been made.

I would first try it without a lawyer. Just have the marriage certificate and a German translation, both your passports and birth certificates and take your husband with you when you drop off the application.

You will only need to consult a lawyer once you run into problems.

But I wish you all the best and a smooth application process!

Andreas Moser

www.moser-law.com

www.andreasmoser.wordpress.com