-> Marriage
-> Residential rights with marriage
-> Life-partnership
-> 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.

Fictitious marriage
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."

Registrar's office
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.

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.

Criminal Law
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.

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