PROTECTION MARRIAGE - Law
-> Residential rights with marriage
-> Fictitious marriage
-> Registrar's office
-> Marital life-partnership
-> Criminal law
Marriage and Family stand under the constitutional protection act Art.
6 Section. GG (Grundgesetz = Constitution)
Residential rights with marriage
Within the Marriage Act the spouse without German citizenship has gained
the right to claim residential allowance under § 23 Sect.1 Nr. 1
AusIG (Ausländergesetz = foreigner law), provided that the spouse
holding the German citizenship resides in Germany.
LPartG(Lebenspartnershaftsgesetz = Life-partnership law) Article 1 Section
1 § 1: Two people of the same sex can establish a life partnership
if they mutually declare in the presence of one another the will to live
a life time partnership. The declaration cannot be made with a pre-condition
or limited time span. The declaration comes into effect if they stand
before a competent Public Authority. Further provisions for the declaration
of a life-partnership are that the life-partner has submitted an evaluation
of assets (§ 6 Sect. 1). Through the grounds of life-partnership,
the foreign partner has the right to claim residence. The foreigner office
must issue the allowance (§ 27a iVm § 23 Abs. 1 AuslG), on the
proviso that there are no grounds for deportation.
The Council of the European Union defines Scheinehe (fictitious
marriage) as, "the marriage of a citizen of a member State, or a
citizen of a non-member State with proof of Residence in a member State,
to a non-member in order to help a non-member evade legal regulations
concerning the entrance and residence of non-member citizens and to secure
a residence permit."
The Registrar is bound by law to deny his/her co-operation with the marriage
(§ 1310 BGB), if it is evident that it is a "fictitious marriage"
(§ 1314 Sect. 2) or the couple does not seem to be willing to engage
in a marital life-partnership.
Eheliche Lebensgemeinschaft (Marital life-partnership): In §
1353 Sect. 1 BGB (Bürgerliches Gesetzbuch = German civil code), is
defined as: "The partners commitment to one another to a marital
life-partnership; they hold responsibility for one another". There
are controversal discussions by Lawyers how a life-partnership and its
maintainance is to be understood. Central to this issue is that the partners
have to ensure a constant communal life. Although German partners do not
have to live in the same house to accomplish this, many foreigner offices
require binational partners to live in the same house.
According to § 92 Sect. 2 Nr. 2 AusIG (if untruthful declarations
or statements, in the form of "fictitious marriage", are made
for the purpose of gaining a residence permit) a "fictitious marriage"
can be prosecuted with up to 3 years imprisonment or a fine. In most cases,
the sentencing of the immigrant can "only" occur, under §
271 StGB (Strafgesetzbuch = German Criminal code) for "false testament",
under § 156 StGB for purgury, or according to § 92 Sect. 1 Nr.
7 AuslG "Bringing forward incorrect or incomplete essential facts".
In addition German citizens can be prosecuted for aiding illegal residency.