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Dear Thorgen!

Thank you so much for your legal advise . I am from Pakistan and my asylum is denied this year and I appeal against the decision and now impatiently waiting for the court hiring .

I am working full time in a company for the last two years and I am living by my own getting financially  no help from Landratsamt  .

My company is financing me for Dual Studium and I got admission in DHBW university. Now the DHBW demands from me the Ausweis for study which should be valid for at least 15 months but I am normally getting six months Ausweis from Ausländer Behörde.

Today I was in Ausländer Behörde regarding to renew my Ausweis but the employee took all my papers which I have got from DHBW university along with the admission letters and also my employment contract with my company for Dual Studium.

Further more they ask me to provide them my passport. I don’t have any passport at the moment . Can you please advise me what should I do in this situation ? I have fear of deportation if I provide them my passport photo copy.

Thanks in advance.

Best regards
asked May 24, 2018 in Legal advice by Khan
Hello @Khan - nice to hear from you again. Since I'm not familiar with cases like that, I will link @WKZB1 of Willkommenszentrum. Maybe he can give you advice during the week. Best regards, Thorgen

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1 Answer

+1 vote
Dear Khan,

Based on your information, I assume that you currently hold a permission to reside (Aufenthaltsgestattung) with the employment permit for your current work. Furthermore, you have filed an appeal at the Administrative Court against the Federal Office's decision of refusal. If my assumption is correct, it is incomprehensible why the immigration authority requires the passport from you. As long as the appeal has suspensive effect and as a result you are not (yet) enforceably obliged to leave the country, you are not obliged to cooperate in efforts to obtain the identity paper.

Something else would apply if your appeal doesn´t have suspensive effect and you only have the temporary suspension of deportation (Duldung). In this case, you´re obliged to cooperate in efforts to obtain the identity papers including passport.

Regardless of this, it should be noted that the permission to reside and the temporary suspension of deportation are generally only issued for a maximum of 6 months. You will not be able to obtain an extension of those documents for 15 months, as required by the DHWB, from the immigration authority.

For lack of further information, I can´t check whether or not you meet the requirements for the residence permit for well-integrated foreigners whose deportation has been suspended in accordance to section 25b Act on the Residence. Because of this, you should contact an advice Center at your place of residence.

Best regards

answered Jun 27, 2018 by WKZB1
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