Getting Married for a Residence Permit!
What is a solidarity marriage?
In a marriage of convenience, two people decide to get married, sometimes without really knowing each other and without “romantic love”. One has a German passport, the other does not. The aim is to secure the right to long-term residence in Germany for the partner without a German passport and/or even to protect them from deportation. There is no coercion involved in the marriage. The decision is made freely on both sides. In German, this kind of marriage is known as a “Schutzehe” (solidarity marriage).
After a marriage, a temporary residence title (befristeter Aufenthaltstitel) is usually issued for the non-German spouse, which also authorises them to take up gainful employment (§ 27 (1) Residence Act/AufenthG). For many people, marriages of convenience offer one of the few opportunities available to them to live permanently and legally in Germany. Due to the special legal protection given to marriage and the family, an imminent marriage is also generally an obstacle to deportation (§ 60a (2) Residence Act/AufenthG). Family reunification, for example of underage children, can also be facilitated.
Some of these benefits also apply to marriages between two non-Germans at a German registry office. If one of the spouses is an EU citizen, these marriages offer similar rights/entitlements to a marriage with a German. Solidarity marriages in which both spouses come from outside Europe are also possible. However, one of the partners must already have a residence permit. And in any case, more requirements must be met than if marrying a German. In any event, a solidarity marriage must be considered carefully and calls for good preparation!
After being married for three years of marriage to a German, and if the non-German person has a regular income and a place to live, does not receive social security benefits and has proof of German language skills, it is possible to apply for a permanent settlement permit (Niederlassungserlaubnis) (§ 9 Residence Act/AufenthG). This form of residence title is no longer linked to the spouse and is therefore not lost in the event of a divorce. It does not expire and is not linked to a specific place of residence in Germany. You can only lose it, for example, if you leave the country for a longer period of time (§ 51 Residence Act/AufenthG).
Another option is naturalisation (Einbürgerung), which gives you German citizenship. This is somewhat more difficult. If you are married to a German, you can apply for it after two years of marriage and at least three years of legal residence in Germany. In addition to the requirements for an permanent settlement permit, for naturalisation you must currently pass a German language course at level B1 and a naturalisation test (Einbürgerungstest). Anyone who has committed a serious crime is excluded (§§ 8 to 16, Nationality law StAG).
What should be considered in a solidarity marriage?
No German legal text defines exactly what is meant by a marriage of convenience. Instead, the definition is derived by considering its inverse: a “proper” marriage must be a long-term, supposedly indissoluble “marital life partnership” (eheliche Lebensgemeinschaft). The exact nature of a “marital life partnership” is not further specified. However, a shared principal place of residence and constant contact between the spouses seem to be important. If there is a suspicion that such a “marital life partnership” has not been established, a marriage can be annulled by the court or there may be a refusal to perform the marriage ceremony (§ 1314 Civil Code/BGB).
Providing incorrect or incomplete information about the marital partnership to the authorities in order to obtain a residence permit is punishable under criminal law. This can be punished with fines or even up to three years in prison (§ 95 (2), point 2, Residence Act/AufenthG). The German partner is liable to prosecution if he/she confirms the information to the immigration authorities (Ausländerbehörde). If he/she does not provide any information, he/she may be liable to prosecution for aiding and abetting. If a court establishes that a marriage is a marriage of convenience, the marriage is annulled and the non-German partner risks losing any right of residence (particularly as they now have a criminal record).
However, solidarity marriages rarely end up in court. They are difficult to prove legally. Convictions are usually only handed down if one of the partners confesses and/or initiates the proceedings themselves. With good legal advice, cases are usually dropped. With careful preparation, it doesn’t even have to come to that ...
Where are checks carried out?
Several bodies and authorities are involved in preventing, investigating, and punishing marriages of convenience. Employees at both the registry office (Standesamt) and the immigration authorities can check the motives for the marriage (both before and after the marriage). The type of checks carried out by both the registry offices and the immigration authorities varies from municipality to municipality and from federal state to federal state. If a criminal offence is suspected, the criminal investigation authorities may also be called in.
As there is no precise definition of marriage, the assessment is based on arbitrary criteria adopted by the officials carrying out the checks. People facing these checks are often confronted with racist, sexist and classist prejudices. Some registry offices are more open to binational marriages than others. The immigration authorities can generally be expected to have a restrictive interpretation of any right to remain.
Marriages are registered and concluded at the registry office. The couple’s place(s) of residence determines which registry office is responsible. Registry offices employees are obliged to refuse to participate in the marriage ceremony if it is obvious that the marriage is a sham. Officially, they need several tangible indications of this. This can be, for example, a foreseeable obligation to leave the country; contradictory information from the bride and groom about how they met or about personal details; the couple met and wish to marry very shortly afterwards; a recent divorce from a non-German spouse without a residence permit; a large age difference or the lack of a common language.
Couples must then somehow prove that they do nonetheless have a “real” marriage. To do this, couples have to provide “proof” of the relationship (e.g. love letters or photos) and they can be interviewed (together or separately) about the relationship. The interviews are officially “voluntary”. In practice, however, anyone who chooses not to participate in the interviews risks incurring the displeasure of the registry office. Registry office employees can also request information from the immigration authorities. They are often given access to the complete file.
If the registry office refuses to perform the marriage ceremony, an application for an “obligation to conclude the marriage” (Verpflichtung zur Vornahme der Eheschließung) can be filed with the local court. The court can then instruct the registry office to perform the marriage, provided it does not identify the marriage in question as a marriage of convenience. However, many couples decide against this option for reasons of cost and time. Instead, the application for marriage can be withdrawn at the registry office. As long as there is no written justification from the office, you will not receive an official rejection of the marriage. If one of the partners lives somewhere else, you can contact the registry office there and hope for greater goodwill. You can also move your place of residence to another city. However, if you behave in an appropriate way at the registry office, there is a good chance that the marriage will be concluded.
The immigration authorities are by far the biggest problem. They become involved if a transfer from state-run accommodation to the partner's place of residence is applied for in advance; if the registry office denounces the couple; if a visa is applied for abroad for marriage or for spousal reunification or, at the latest, if a residence permit is applied for after the marriage. A (second) more comprehensive check is carried out at the foreigners authority. In this case too, the check is only permitted if there are specific indications, but is often simply carried out anyway. Further negative criteria may be added to the list during this process. For example: poverty, rejected asylum applications, being from certain “developing countries or emerging economies” or coming from a country with a low recognition rate for asylum seekers or if the couple has not yet planned a future together in financial terms.
Officials may want to see the couple’s shared home in order to determine whether it is a “real” marriage. Such home visits are not obligatory for the couple, but are also only theoretically “voluntary”. If the couple does not want their privacy to be violated, this is usually taken as an indication that they have something to hide. Friends and family can also be questioned. Some immigration authorities also look for voluntary spies, such as neighbours or parcel couriers.
If the officials refuse to allow the marriage, there is the option of lodging a disciplinary complaint and/or a complaint to the relevant professional supervisory body (Dienst- und/oder Fachaufsichtsbeschwerde). Such administrative complaints may make employees reconsider their behaviour.
Some of the questions at the hearings are very intimate or even absurd. The lists of potential questions are not public. Nevertheless, you can and must be well prepared for the interviews and hearings. You can find out more information about this at advice centres for refugees and the Verband binationaler Familien und Partnerschaften.
Some possible questions:
How did you meet?
Do you watch television together? If so, which program?
Describe your partner’s appearance.
How does your boyfriend shave (wet or dry)?
What perfume does your partner use?
Give the names and ages of your future in-laws.
Why do you want to get married?
What are the names of your next-door neighbours (in the flat you share)?
Who does the laundry?
When and where did you meet for the second time?
Date and place of birth of your partner?
What does your partner like to drink at breakfast?
What size shoes does your partner wear?
Does your spouse have any special features (tattoos, etc.)?
Same-sex marriages are possible in Germany. In some cases, this has made marriage easier. For example, if persecution due to homosexuality was given as a reason for asylum. Homosexuality can also be a credible reason for not knowing the parents-in-law (because they are hostile to homosexuality). In addition, same-sex couples do not need a certificate of no impediment to marriage (see below).
1. Who should I marry?
The couple absolutely must trust each other and both must be aware of the consequences of marriage. They will be bound together for a long time. It can take 4-5 years from the decision to marry until the time when a residence title can be obtained independently. Marriage automatically creates an imbalance of power between the German and the non-German person, as the non-German’s right to residence depends on the marriage. For both spouses, the marriage can have financial consequences, for example for unemployment or social assistance, housing benefit (Wohngeld) or a student grant (BaföG). Regardless of your reasons for getting married, the associated legal obligations remain. Marriage and divorce generate costs. In order to obtain a residence permit, further requirements beyond marriage must be met (e.g. proof of language skills, financial independence). It is also possible that there may be a dispute. These challenges should never be left for the “spouses” to resolve alone, but should be taken on collectively. Ideally, there should be a network of supporters (less is more: 4-6 people max.). They should accompany the marriage from start to finish and feel responsible for it. At the same time, you should not tell too many people about the solidarity marriage. It is important to weigh up exactly what you want to tell your family, friends or flatmates and what not. Solidarity marriages are usually only discovered if someone informs the authorities.
Many things that could complicate the marriage must be discussed in advance: for example, long stays abroad, a planned move to another city or a (romantic) relationship with another person. For children born during the marriage, the male spouse is automatically considered the father and is liable to pay maintenance. Paternity can be revoked through a paternity suit (Vaterschaftsklage). However, this should only be done after getting divorced so as not to arouse the suspicion of the immigration authorities. Of course, it is easiest if neither of you wish to have children at this time.
Important: If you have entered the country under a false identity, this must be clarified beforehand (with the help of a lawyer)! All parties involved must be 100% honest with each other and in favour of the marriage. The consensus should be respect and solidarity. If one person expects something in return, such as love, money or a cheap cleaner, then the couple should not enter into a solidarity marriage. And: sex usually makes things unnecessarily complicated.
Although the insinuations and questioning by the authorities are unpleasant, it’s best to play along. Rehearsing your shared story and practising responding to questioning is crucial. The point is to document the “romance” and get to know each other. If you have actually met several times, you don’t need to invent anything apart from the butterflies in your stomach (It was in Café XY, it was a sunny day). A couple’s chat (I miss you!, Can you bring some bread when you come home?), love letters, selfies and photos of you together and with mutual friends will be worth a lot at any hearings. You should know your way around the other person’s home. It may be worth living together for a while. The fiancé/e can then be introduced to the neighbours and/or be seen sweeping the stairs or taking out the rubbish.
You should present yourself to the authorities as a “typical” couple. By holding hands and acting as if you are on close terms with each other, you can make the officials think more favourably about you. There should be photos of the couple in the flat, a second toothbrush in the bathroom and a few personal items (books, clothes, etc.). This way, you are prepared in case any officials come round for an inspection. At the actual wedding, the support network should appear as cheerful guests and the couple should be radiant with happiness. If you can get carried away with a “lovey-dovey” kiss, that’s worth a great deal.
2. Outside help
In any case, it makes sense to seek outside help and advice in advance. Legal assistance (from a lawyer with experience in migration law and questions related to marriage) is particularly important for people who want to marry to escape their illegalised status or a temporary suspension of deportation (Duldung). However, legal assistance is also important for all other binational couples. In addition, advice centres for refugees or the Verband binationaler Familien und Partnerschaften can support the couple. If there are difficulties with the authorities, it is also worth contacting the local anti-discrimination office (Anti-Diskriminierungsstelle). In some cities, simply mentioning the anti-discrimination office has worked wonders (especially for same-sex couples).
Important: Do not reveal at any of these offices that the marriage is a solidarity marriage! They deal exclusively with the discrimination and harassment that all binational couples experience and which can be an obstacle to marriage. Help is available regardless of whether the marriage is a solidarity marriage or not. And the advisers can also be liable to prosecution if they knowingly support a marriage of convenience.
3. Obtaining documents
The first official step is to obtain the necessary documents. You can find out what is required at your local registry office. For Germans, the documents required are a valid identity card or passport, a certified copy of an extract from the register of birth, and an up-to-date extended registration certificate. Non-Germans must present various documents from their home country: a passport or proof of identity with a certificate of nationality (Staatsangehörigkeitszeugnis), a birth certificate, and a certificate of no impediment to marriage (Ehefähigkeitszeugnis). Many countries do not issue a certificate of no impediment to marriage. In this case, an “exemption from the certificate of no impediment to marriage”. (Befreiung vom Ehefähigkeitszeugnis) from the Higher Regional Court must be obtained. This is a time-consuming process, is often accompanied by discrimination, and should be done with support from a lawyer.
Depending on the country of origin, additional documents may be required. There are often tight deadlines and it may require a great deal of time and expense. The documents are checked for authenticity by the German embassy in the home country. A trusted lawyer (Vertrauensanwalt) is sometimes appointed to investigate an individual’s identity and family circumstances. This is a particularly time-consuming process and makes getting married considerable more difficult. If possible, do take any opportunity to persuade the trusted lawyer to speed up the process.
Be careful between registering the marriage and the wedding!
Once all the papers have been collected, the marriage can be registered at the registry office and a date can be set for the wedding. The time between registering the marriage and the actual wedding is particularly tricky for people at risk of deportation. At this point, the registry office has all the papers that are also required for deportation. The passport should therefore be obtained last, in order to leave less time for a potential deportation or to avoid running the risk of criminal proceedings for failure to disclose your passport (Passunterdrückung). If you do not have a residence permit, you must apply to the immigration authorities for a “temporary suspension of expulsion for the purpose of marriage”(Duldung zum Zwecke der Eheschließung). However, both the registry office and the immigration authorities may instead inform the police.
Particular care must be taken If the non-German partner is wanted by the police or is in custody. Such cases must be accompanied by a lawyer from the outset in order to prevent deportation (e.g. by obtaining a residence permit through an asylum procedure or a border-crossing certificate (Grenzübertrittsbescheinigung). As a general rule, it is better if you can manage to legalise your presence in the country before registering the marriage.
Bringing your fiancé/e into Germany from abroad or marrying abroad
Anyone planning to marry a German has a legal right to enter and stay in Germany. This requires a “visa for marriage” (Visum zur Eheschließung). A lot of paperwork is also required in this case. The German diplomatic mission abroad, where the visa application is submitted, contacts the immigration authorities, which have the authority to issue the residence permit. Checks are also carried out in this case too. However, there is less information that can be checked in these cases. But there is also less information that can be presented to the immigration authority. For example, there is no shared flat that could be checked. In this case too, you need a good story about how you met, which can be proven by photos, letters, chats, witnesses, etc.
You can also get married in the non-German’s home country or in another European country. The marriage subsequently needs to be recognized by a German registry office. In this case, too, checks may be carried out by the German embassy, the registry office and the immigration authorities.
A German A1-level test is required for a visa to join a spouse, which is not always easy to achieve. Thousands of visa applications for spousal reunification are rejected or withdrawn. Experience has shown that there are very, very long waiting periods for applications filed in large cities. If the option is available, it is generally easier to get married in Germany.
4. After the wedding
Now it is important to show that you have a “normal” relationship (marital life partnership). If this has not already been organised, the couple should at the latest at this point get a joint address and set it up (see above). This can also be a shared room in a shared flat. It is important that both can actually be contacted by post and are registered at this address. Exceptions can be made to the need to have a shared place of residence if you are studying or working in another city.1
After the wedding, an application for a residence permit must be filed with the immigration authorities. It can be issued for up to three years. Sometimes the permit is only issued for one year so that further checks can be conducted to determine whether the marriage is valid and whether other conditions (e.g. integration course, sufficient income) have been met. If the checks produce a positive result, the residence permit will be extended.
5. Independent residence permit and separation
After being married for three years, you can apply for your own permanent settlement permit. At this point, the marital life partnership must still exist. The date of separation is relevant for the authorities in this context, not the date of divorce. The best time to separate is when the permanent residence permit has already been issued. You must inform the immigration office of the separation and file for divorce at the registry office. The divorce will then take place one year later (Trennungsjahr). For marriages concluded abroad, it should be noted that only the time that the couple were married in Germany is taken into account. The time that the married couple spent abroad is not counted.
Important: If one of the partners decides to separate — for whatever reason — before the independent permanent residence permit has been issued, external advice (legal counsel and/or advice centre for foreigners) should definitely be consulted!
Pre-nuptial agreement
Through marriage, you enter into legal and financial obligations towards each other, some of which apply beyond the duration of the marriage. Some responsibilities are irrevocable. Others can be excluded in a pre-nuptial agreement (Ehevertrag). This type of agreement usually also means that the costs for a divorce are lower. The pre-nuptial agreement should be drawn up by a lawyer and notarized. It is best to do this shortly before the marriage. Mutual maintenance obligations after the marriage and pension rights adjustment can be excluded (Versorgungsausgleich = subsequent division of pension rights). Separation of property (Gütertrennung) should also be stipulated (both spouses keep their respective assets, they are not divided). Paternity and joint debts cannot be excluded by contract.
By drawing up a will, you can exclude your spouse from inheritance (with the exception of the compulsory portion). With a living will (Patientenverfügung) and a power of attorney for health care (Vorsorgevollmacht), you can appoint people other than your spouse to make medical and legal decisions should you no longer be able to do so yourself.
This overview was written at the start of 2025. If you want to get married, you should definitely find out about the current requirements and conditions in advance.
A solidarity marriage involves major challenges and a lot of responsibility for both partners and the support network. But, as experience shows – it is possible if you are well-prepared and have plenty of stamina!
Further information and help:
Verband binationaler Familien und Partnerschaften, iaf e.V.: www.verband-binationaler.de
Refugeee Law Clincs: home.refugeelawclinics.de
Informationsverbund Asyl & Migration: www.asyl.net
Pro Asyl: www.proasyl.de
LSVD⁺ – Verband Queere Vielfalt: www.lsvd.de
Possible questions at the registry office and immigration authorities:
http://www.schutzehe.com/data/de_data/de_fragen.htm
https://www.kanak-attak.de/ka/infopool/zahn.html
https://www.lawblog.de/archives/2005/10/26/fragebogen-fur-scheinehen