HI there,
Me and my boyfriend were in a relationship when he was here in pakistan. He recently moved to germany permanantly and is a german national. We now have made plans that we want to marry in germany and i settle there with him without having to come back for visa procedures. If i go on a visit visa and marry him what if the german embassy says i have to go back to pakistan and apply for spouse visa, this will not be possible for me as once i leave pakistan even on a visitor visa i will not be able to come back to pakistan because it is not allowed by my family.

Please tell me the procedures and what visa to apply for. Will it be possible to go on a visiotr visa, get married, and then apply for spouse visa without leaving german?

Please help me with this.

Thank You

Hi Sanaaziz123,

I do not think that it will be possible to convert visa (from visit visa to spouse/Fanily reunion visa) without leaving Germany. One usually apply for such visa from home-country which is Pakistan in your case.

Ciao,
Tony

Hi sanaaziz123,

I would strongly advise you to not do this. For one thing, adjusting visa status while in Germany is almost impossible and the authroities will ask you to return and apply for a spouse visa from Islamabad. In addition, going to Germany on a visit visa, you would have to declare your intent. If you say you are going for tourism and then later get married, this is lying to the authorities and will definitely create more problems for you later on. If you declare your intention of getting married, they would advise you to apply for a fiancee visa (zur Eheschliessung in Deutschland). For that visa, both of you would have to jump through a lot of legal hoops. Assuming you are in Pakistan and your bf is in Germany, you will have to get your original birth certificate, family registration certificate (nadra issues one) and some other documents. Your bf might have to submit a letter from the Standesamt saying there is no impediment to marriage (Ehefähigkeitszeugniss).

Getting married in Germany is quite complicated. Lot of people who already live in Germany go to Denmark to get married. But that route will still be difficult for you. There was a case in 2010 of a Belarussian who came to EU on a visit visa, got married to a German, arrived in Germany and applied for a famliy reunion visa and was refused. He sued the visa authority but the court dismissed his case. You can read the details here (or with google translate):

http://www.lto.de/recht/nachrichten/n/bverwg-nach-falschen-angaben-fuer-besuchsvisum-kein-visumfreier-ehegattennachzug/

You COULD come to Germany on a genuine student visa and if you do get married in Denmark then, it should be OK (provided that your intention to study was/remains genuine.)

If that too is not possible, the easiest way for both of you would be to get married in Pakistan while making sure that all required documents are obtained exactly as required. If it is not possible to have a traditional Pakistani wedding (for whatever reason/family not supportive etc), your German bf and you can get a simple Court marriage, have some witnesses and have it registered. That way, the wedding should satisfy the legal requirements. Then you can simply apply for Ehegattennachzug/family reunion visa.

For more advise specific to Pakistan, please join PakistanischeGemeinde yahoo group and remember to go through the archives before you post a question. Recently there was a thread discussing exactly the intricacies of getting married in Pakistan. Search for "Reunion: General info for all to avoid mistakes"

Good luck

@sana

I agree with @cicero, the best way is to get married in Pakistan and than apply for family reunion visa. But whatever your decision is keep one thing in mind that your fiancee/husband must have a reasonable job/earning and living space in Germany to sponsor you, otherwise your application will be rejected.

Good luck!

P.S: this is nota legal advice.