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Germany: Discrimination

01 March 1998

The Foreign Office has issued an instruction which makes it more difficult for homosexual partners of a German citizen to obtain a visa. Since September last year, embassies and consulates have to submit such visa applications to the Foreign Office for an individual assessment. A visa can then only be issued with the approval of the Foreign Office. The Foreign Office states that a visa will only be issued if homosexuality is a criminal offence in the country of origin and if it is actually prosecuted. Furthermore, the relationship must have already existed in Germany. This is in contradiction to more liberal instructions of several federal states where homosexual partners can obtain a residence permit. Since February this year, Northrhine-Westfalia, Hamburg and Berlin issue residence permits to foreign homosexual partners. A similar instruction will be passed soon in Hessen. The couples have to present a partnership contract attested by a notary. While Hamburg and Berlin do not require a minimum period for the relationship, couples in Northrhine-Westfalia have to show that long-term contacts have existed. In two cases where the relevant foreigners' office has issued a residence permit to a homosexual partner of a German citizen, the Foreign Office has refused a visa. The couples concerned have appealed against this decision.

die tageszeitung, 24.4.98.