My partner is a foreigner
- what is important?
Whether
or not a foreigner is able to marry is determined by the regulations of
his native country. For example whether a turkish person can or cannot
marry is regulated by Turkish law. This is why German authorities will
demand a certificate stating your ability to marry (usually a single status
letter). In most cases it can be obtained through your local consulate.
Should your country deny the issue of the necessary papers or if your country
in general does not issue such papers, the president of the "Oberlandesgericht"
(regional court of apeal) responsible for the district in which you plan
to marry can issue a release of this duty. The certificate or the release
will be valid for a period of 6 months only, starting with the day of issue.
If
your country country denies the issue of a certificate stating your ability
to marry or are special problems associated with the issue of those papers,
in special cases German law will apply if it would violate the right of
free choice for marriage to deny this right.
In
general the regulations for a German-German marriage do apply as well.
Whether or not the foreigner has a residence permit prior to the marriage
is not important.