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Hallo,

I came in Germany in mid of 2016, and applied for asylum, from administrative court my case rejected on  March 2019 finaly and  then I applied for asylum folgeantrag in BAMF and in May 2020 it also got rejected , during this time Behörde asked me for passport after first rejection from court. I did not applied for my passport in consulate and I received a fine of 900€ from city court this month. Two years before I started my ausbildung for pflegefachhelfer And now it's complete And I received my certificate from School. I applied for my passport on February 2020, till date I have not received my passport. It takes time to get a passport from my land's consulate. It's  still in process. I gave all proves in behörde for antrag for my passport already.after fine from city court. have I chance to work and stay here in Germany because of my ausbildung and note it, my antrag for ausbildung duldung in behörde still pending because of my passport And please tell can I be deported ? still my appeal in court for asylum is pending also and when I give passport it's risk to be deported ?
asked Jul 19 in Legal advice by Ahmad84

Dear @Ahmad84

Welcome to the Wefugees Community and thank you for reaching out to us.

Your situation is not clear to me yet - you had to pay a fine because you didn’t provide your passport? That kind of procedure would be new to me. Maybe you can explain a bit more. I am sure that one of our experts will get back to you soon. 

I saw that you opened a second thread with the same content. In order to keep a better overview and information in one place, I closed that one. I hope this is okay for you. 

All the best, 

Meike

Yes, I got fine from city court that about 9 months I have duldung and I have not applied for my passport. Later I applied but they don't take it in account.

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2 Answers

0 votes

Dear @Ahmad84

Thank you for your explanation. 

It's actually the first time that I learn someone is getting fined for not providing the passport. However, as far as I know, the immigration office will not grant the "Ausbildungsduldung" as long as your asylum case is not finished. And you were mentioning a pending court decision on your asylum, right? 

I will also link two of our experts here: Dear @alla_fka or @mbeon-Bernd, would you agree and how do you think about his situation? 

All the best, 

Meike

answered Jul 24 by Meike
0 votes

Hallo,

your Information ist not exact, therefore it is difficult to evaluate properly.

It is unusual to get a financial punishment for not bringing a passport. Could it be a punishment for staying in Germany without a residence permit, inspite of a claim to leave the country, and without documents (so called “unerlaubter Aufenthalt”)?

As far as I understand, it’s come from the local court (Amtsgericht). You can make an appeal to the local court against this decision within 1 month after receiving (look in the information in the end of the letter about the punishment). So you can think about it, if you still have time. You will normally have an appointment to a hearing in the court and if you give good arguments, they can cancel the punishment or reduce it. If the month time is over, it is normally too late or you must have reasons to do it later.

It is not clear at all with your Ausbildung. If you’ve already finished your Ausbildung as a Pflegehelfer and haven’t start the “qualified” Ausbildung (Altenpfleger or Krankenpfleger), you can’t ask for Ausbildungsduldung. This “good” Duldung is only possible for a qualified Ausbildung, the Pflegehelfer-Ausbildung is not of this kind. And you anyway can’t have Ausbildungsduldung after you’ve finisched your Ausbildung – only during Ausbildung.

If you are still in the process of Ausbildung or you have a contract for the qualified Ausbildung starting in the next months and the permission from the Ausländerbehörde to do it, you can get Ausbildungsduldung. If you’ve already applied for it and you fulfil all the conditions, except of your passport, and if you really made all steps to provide the passport and the only problem ist the slow tempo of the consulate, you normally can’t be deported.

You (or better your lawyer if you have one) can ask the Ausländerbehörde to give you a written confirmation, that you fulfil the conditions for Ausbildungsduldung and they won’t deport you but give you this document after providing the passport. For the meantime they can give you so called “Ermessensduldung” with which they normally don’t deport.

For better advice you must go personally to a good councelling center for migrants or to a good lawyer with an expertise in migration / asylum law. I wish you luck!

answered Jul 27 by Alla_fka
Thank you, dear @Alla_fka! As always, a very helpful answer with lots of information! Great! Best, Meike
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