If a person visiting Germany from Pakistan marries a Dutch Girl in Germany, can he change the visa without leaving or will he have to leave?

Secondly what will be the process for Applying for a residence permit?

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    A person visiting Germany on a tourist visa won’t be even able to marry a Dutch girl. So the question about changing the visa doesn’t make any sense. But yes, changing a tourist visa in Germany is not possible. – Ex Patriot Aug 16 '19 at 17:31
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    @ExPatriot do you have a reference to support that? Also, the question does not explicitly mention a visitor's visa. If there is a special visa required, perhaps the Pakistani has it. – phoog Aug 17 '19 at 16:32
  • @ExPatriot While I see a lot of paperwork problems making it inconvenient and tedious, I cannot remember being asked for a visa along the whole process. Do you have any links what type of visa would be required for an EU and a non-EU national to get married in Germany? – nvoigt Aug 19 '19 at 9:53
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    @nvoigt Well, I was't quite right. It is possible to marry in Germany with a visitor's visa but it's impossible to change that visa into a long term visa. There is a special marriage visa for those who want to marry in Germany and stay in the country after that. – Ex Patriot Aug 19 '19 at 10:06
  • @ExPatriot EU freedom of movement rights take priority over domestic immigration law, however, so the prohibition on changing the visitor visa into a long term visa should not apply in this case. More precisely, after the marriage, the non-EU spouse no longer needs a long-term visa nor a residence permit, so the prohibited change is no longer necessary. – phoog Aug 19 '19 at 12:49

A non-EU citizen who is the spouse of an EU citizen enjoys freedom of movement under Directive 2004/38/EC when present in an EU or Schengen country other than the country of the spouse's citizenship. So in this scenario, it is not necessary to leave Germany, and no residence permit is required, but rather a residence card issued under Article 10 of the directive. The card may be obtained from the local Ausländerbehörde.

Note that it may not be possible to marry in Germany after traveling there with a regular Schengen visa, as suggested in the comments.

  • on what visa can a person marry in Germany with a dutch girl and get the residence card issued? – Syed Kazim Aug 17 '19 at 20:00
  • Secondly if the Dutch Citizen marries the person before and then moves to Germany can she get his residence card issued? – Syed Kazim Aug 17 '19 at 20:03
  • @SyedKazim I don't know about the visa for getting married. If nobody addresses that in the next couple of days I'll look it up (I'll be traveling). If the couple marry while the non-EU spouse is outside the Schengen area, and if the non-EU spouse requires a visa (as do citizens of Pakistan) then the non-EU spouse will need to get a visa (free of charge and subject to only very limited grounds of refusal) before traveling to Germany, where it will be necessary to apply for a residence card at the Ausländerbehörde. In both cases the non-EU spouse must submit the application. – phoog Aug 17 '19 at 21:43
  • While Applying for the visa from Pakistan does the EU Spouse has to be in Germany or she can stay in Netherlands while non-EU Spouse apply for a German visa. And what type of visa will the non-EU Spouse apply for? – Syed Kazim Aug 18 '19 at 11:54
  • @SyedKazim the EU spouse's location at the time of the visa application is not relevant. She could be in Mozambique or sailing in the Pacific. The visa is a visa for the family member of a union citizen. – phoog Aug 18 '19 at 18:38

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