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Am I able to apply for a marriage visa in Germany after being banned for 5 yrs?? Do I have a chance to enter Germany if I get married in my country?

I am banned for 5 years after being accused of false documents and working illegally. There is no proof but the decision was made after I refused to meet the police.

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    So were the documents fake or not? – greatone Jan 22 at 7:35
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    Working illegally and false document are crimes. You may be able to enter in Germany, but you still have to "pay" for the crimes. So I recommend you not to apply to German citizenship until you have sorted out such thing (and you may not be able to get it anyway). I'm sorry to say it, but it seems you both are guilty to have messed up your lives. – Giacomo Catenazzi Jan 22 at 9:01
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    @Kim When does the ban end? Does your boyfriend know about your ban? Your situation is complicated, he should consult a German immigration lawyer for advice – Traveller Jan 22 at 12:07
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    Banned means banned from all visa entry. The only way round it would be to become someone with automatic right to enter the EU, and I'm not sure even about that. In any case Expatriates is the right site to ask about entering as a wife. – DJClayworth Jan 22 at 14:52
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If you are legally married and that marriage is not suspected of being a sham, a spouse's right to live with his family should allow a family reunification. But with a history of fake documents, it might be difficult to overcome the suspicion that the marriage is fake as well. The advice in the comments is good, your German friend should talk to an immigration lawyer in Germany.

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You will need an immigration lawyer to handle your case.

First of all, it does not matter if you are innocent or not. From what you are writing, it sounds as if you were accused of a crime, failed to meet in court, were convicted in absentia and failed to lodge an appeal. You are now convicted and the deadline for an appeal has lapsed. There is nothing you can do about that now, if you failed to face the charges earlier.

You can apply for a family reunification visa even if there is an entry ban in effect against you, but it is of course not self-evident that the visa is granted. If a visa is granted, the entry ban will be reduced or suspended. On a case-by-case basis, your rights to sustain a family relationship will be judged against any risk you (seemingly) impose on the society if you are let back into Germany. IANAL: Working illegaly might not be a reason to uphold the entry ban, but document fraud is a severe crime in Germany. Honestly, you must expect your visa application to be refused and that you will need an immigration lawyer to lodge an appeal for you.

I say again: You will need an immigration lawyer to handle your case.

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    I'm pretty sure immigration authorities will consider the marriage to have been entered into fraudulently for the sole purpose of obtaining a residence permit and deny the family reunification. They're more likely to turn the ban into a permanent one. – jwenting Jan 23 at 5:02
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    @jwenting That is perhaps what you feel justified, but has nothing to do with reality. It is not that uncommon that German entry bans are lifted to allow family reunification and permanent entry bans are not issued at all. There is no legal basis for that. – Tor-Einar Jarnbjo Jan 23 at 9:43
  • we're talking about someone fraudulently trying to enter the country using a fake marriage. That's a criminal offense in Germany as it is pretty much anywhere, for both partners involved. It will certainly not lead to a family reunification permit and will be a very long and likely permanent mark leading to a visa refusal at any application. Those things don't time out, no matter what you'd like to have open borders where everyone can roll across without any checks. – jwenting Jan 23 at 10:34
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    @jwenting There is nothing in the question clearly indicating that this is a fake marriage. If you feel superior and able to decide that it is, I will leave that to you. When it comes to future consequences, you are again factually wrong. Any 'marks' in the Central Register of Foreign Nationals will lapse and be deleted after a certain period. No remark is kept for more than 10 years. After that, not only will the entry ban have expired, but any consular officer deciding on a visa application will not even know that it ever existed. There will be no permanent mark. – Tor-Einar Jarnbjo Jan 23 at 13:48
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If you get married, you can get a Aufenthaltserlaubnis für Ehepartner and can for sure come to Germany, but germans dont forget and since you have a criminal background here, soon or later the police will knock your door to make you pay/explain for what you did or not about falsing documents.

  • if they even suspect the marriage is fake, entered only to gain her entry into the country, her partner and herself will be in serious legal trouble, and no partner residence permit will be issued. – jwenting Jan 23 at 10:35

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