Can a non EU marry a German with a work visa?
Yes, a non-EU citizen can marry a German citizen while holding a work visa in Germany. However, there are important legal and practical aspects to consider:
Requirements and Process
1. Legal Capacity to Marry
• Both parties must be legally eligible to marry, meaning no existing marriages and meeting the minimum age requirements.
2. Residence in Germany
• You must be legally residing in Germany with a valid work visa. The German citizen must also be registered in Germany.
3. Documentation Required
• Valid passports
• Birth certificates
• Proof of residence registration (Meldebescheinigung)
• Certificate of no impediment to marry (Ehefähigkeitszeugnis) or equivalent from your home country
• Divorce or death certificates if previously married
4. Civil Ceremony Requirement
• All marriages in Germany must be performed at a Standesamt (civil registry office). Religious ceremonies can be held afterward but are not legally binding.
5. Visa Implications
• Marriage to a German citizen can allow you to apply for a residence permit for family reunification, which may later lead to permanent residency.
• Your current work visa can continue until it expires, but after marriage, it may be advantageous to switch to a spouse residence permit.
6. Language and Interview
• Some Standesamt offices may require basic German language knowledge or an interview to confirm consent and understanding.
In summary, holding a German work visa does not prevent a non-EU citizen from marrying a German citizen, but you must follow the legal marriage process in Germany. After marriage, you can apply for a residence permit based on being a spouse of a German citizen.
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