Getting Married in Denmark With a Duldung? The Honest Answer

The honest answer first: no, with a German Duldung ("tolerated stay"), you cannot get married in Denmark. The Danish authorities require proof of lawful entry into Denmark and lawful residence at the time of the wedding, and that is exactly what a Duldung cannot provide: it is valid only within Germany and allows neither legal departure nor legal re-entry. Here we explain why that is, what is at stake if you leave Germany with a Duldung, and which legal paths are open to you instead.

Why it does not work with a Duldung

A Duldung is not a residence permit. Legally, it only means that deportation is temporarily suspended, the obligation to leave Germany remains. A Duldung is valid exclusively for Germany: it permits neither travel to other Schengen countries nor legal re-entry into Germany.

For a wedding in Denmark, the Familieretshuset (Agency of Family Law, AFL) examines whether both partners are free to marry. From applicants without an EU passport, the authority requires two things: proof of lawful entry into Denmark and proof of lawful residence at the time of the wedding, for example a valid Schengen visa or a residence permit from a Schengen country. A German Duldung meets neither of these conditions. An application based on a Duldung will therefore be rejected, and the AFL fee of DKK 2,100 (approx. €281) is not refunded even in the event of rejection.

This is not a question of finding the "right agency", and it is not a loophole any provider can open for you. If someone promises you that a wedding in Denmark will work despite a Duldung, please be very careful.

Does the same apply during an ongoing asylum procedure?

Unfortunately, in practice, yes. During the asylum procedure you hold an Aufenthaltsgestattung (permission to stay) in Germany. It is not a residence permit in the Schengen sense either: it is valid only for Germany. Legal entry into Denmark is therefore not possible with it, and leaving Germany can additionally harm your ongoing asylum case. If you are still in the asylum procedure and want to marry, you should clarify your situation with a lawyer beforehand.

Who can marry in Denmark, and who cannot?

Important: what counts is your status at the time of the application and the wedding. A residence permit does not have to be German, a permit from Austria, France, Poland or any other Schengen country is generally sufficient.

Which paths exist instead

As hard as this answer is: a Duldung is not the end of your road together. You should know these three options:

1. Wait for, or work towards, a residence permit. Under certain conditions, some Duldung situations can lead to a genuine residence permit, for example through vocational training, employment or other regularisation rules. As soon as a residence permit exists, the Danish route is open to you. Only qualified legal advice can clarify whether and which option exists in your case.
2. Marriage in the country of origin or a third country, followed by family reunification. In some constellations, marrying in the partner's country of origin is possible; afterwards, family reunification can be applied for. Caution: this path also requires that departure is legally and practically possible, and with a Duldung, that is often precisely the problem. Please seek advice first.
3. Advice from an immigration lawyer, our clear recommendation. Immigration law is case-by-case law: what works for one couple can be ruled out for the next. A specialist immigration lawyer knows which paths are realistic in your specific situation. Migration counselling services often offer free initial orientation as well.

Who Denmark does work for

There are many couples for whom the Danish route is an excellent fit, especially binational couples who get stuck at a German registry office over the certificate of no impediment and long waiting times. You can marry in Denmark if, among other cases, the partner without an EU passport:

• holds a valid Schengen visa (honestly state "wedding in Denmark" as the purpose of travel),
• holds a residence permit from any Schengen country, whether from Germany, Austria or another country, temporary or permanent, or
• is an EU citizen, then a national ID card is enough.

Denmark does not require a certificate of no impediment, and with complete documents the AFL currently often processes an application within a few working days. The real bottleneck is usually the ceremony appointment with the municipality.

Why we tell you this so openly

We could write this article differently and sell you hope. But an application that is bound to fail costs you money, months, and in the worst case your residence status. We will not do that. If your situation does not fit today, we say so clearly and point you to the people who can really help: specialist immigration lawyers. And if your status changes, for example through a residence permit, we will be happy to be there for you.