Hmm I’m a rejected asylum seeker in Thüringen, Germany. I have been issued with a Duldung and left the camp. Now the problem is my Ausweis has expired and I left Thuringia to Berlin. So I want to know at the event of police control and I give them the expired Ausweis, are they going to arrest me here or rather send me back to Thuringia?? Please help me
asked Dec 2, 2019 in Home & Living by hafiz123

Dear @hafiz123

Thank you for reaching out to the Wefugees Community again! 

As far as I know, as a rejected asylum seeker holding a Duldung, you are subject to residence regulations ("Wohnsitzauflage"). This means, that you need to stay in that place you got issued the Duldung (at least as long as you can not fully cover your costs of living; and then also only with a prior application at the immigration office/Ausländerbehörde). 

With "Ausweis" you are referring to your Duldung? Where are you staying right now? 

Please feel free to get back to us. 

All the best, 


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2 Answers

+1 vote

if your Duldung is valid and you have the sentence in it that your residence (means: moving freedom) is limited to Bundesgebiet (whole Germany), you can travel and stay for a while everywhere in Germany but you are oblige to live in your place in Thuringen, you can only change it with a permission of the Ausländerbehörde and for that you must have a very special reason like a wife or a child somewhere, sometimes they permit it for work or prof. training.

If your Duldung is expired, you must go back to Thuringen and prolong it, the Ausländerbehörde in your place there is responsible. It can be that you will be punisched (mostly if you were illegal for long time). If you stay illegal for more time, your punishment can be worse. If you are interested in a perspective in Germany, you must know that any penalty through a civil court (Amtsgericht) for staying in Germany without permission (unerlaubter Aufenthalt) which is 90 daily rates (Tagesätze) or more, makes many important things impossible like Ausbildungsduldung, Beschäftigungsduldung, a permission for work, some kinds of residence permit usw.
answered Dec 6, 2019 by Alla_fka
Thank you Alla for your quick response and the very useful details!


Alla_fka do you mean , as my german girlfriend is 7 months pregnant for me and I am illegal for 9 months now , do you mean they will not grant me resident stay since I am illegal for 9 months now?
@Alla_fka I need your reply please
it is not easy to deport a person who has a german child, because the interest of a german child in his father is highly respected (plus to a general principle of respecting of a family connection and of a child's welfare). But it doesn't mean automatically that you will get a residence permit at once. If you had a bad type of rejection (offensichtlich unbegründet) or if you broke the law, for example having come to Germany without permission or staying in Germany illegally (as in your case now), it speaks against granting you a residence permit. It can be that you will only have a Duldung and the Ausländerbehörde can insist on your going back to your country and coming with a visum for family reunion. It is then a difficult case and I recommend you to take a good lawyer. Anyway seek advice in a good councelling center. Such situations as yours have always very many individual aspects which is not possible to consider online.
0 votes
I’m in Berlin now and I mean Duldung is expired since last month
answered Dec 7, 2019 by hafiz123
One month is not so long, I would try to bring the situation in order. There are naturally many other things which are important for your future perspective in Germany with Duldung (the most important is always clarifying of your identity), the aim must be not to get a ban for working or professional training. And it is really easy to get such a ban if you have a penalty order for breaking the law. So be careful.
But naturally you need an advice for your special case, in all details, which is not possible online. Please go to a councelling center for refugees or to an asylum lawyer.
@Alla_fka I was in asylum in Germany , after my asylum finished then I started staying with my German gf illegally for 10 months now . Does that mean that if she put to birth by February and I start the process of vaterschaft and sorgeret through lawyer help , does it mean they will still ask me to go back to my country because I was illegal ? I have never do anything bad in Germany before, the only bad I have done is by staying illegally. I need your reply please
you understand it right, they can ask you to go and make the "proper" procedure asking for a visum for family reunion to your child. In some cases being a father of a german child gives you an absolute right to get a residence permit. But in your case there are things that speak against it. First, you probably came to Germany without a visum from the very beginning and, as you got no protection, it normally excludes the absolute right for a residence permit. Second, your illegal staying in Germany can be a reason for a penalty which can also lead to a problem with residence.
Some people are lucky to get residence permit in spite of these problems, but sometimes the Ausländerbehörde can be really hard. It is not possible to assess it in online consulting.
You are naturally more protected near to the birth and after it, if you legalise yourself. I would first find a good lawyer who accompanies the whole procedure.
@Alla_fka thanks
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