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Hello guys am Gabriel, I wanted to ask a question bordering my mind.I’ve been invited by auslanderbehörde to bring my Ausweis so I will receive a Duldung Ausweis and asked to bring my passport.I’m currently in Berufsschule and in March I will do my b1 Prüfung and currently I’ve found a building company willing to give me Ausbildung but I am yet to start Praktikum due to the weather and corona virus .My question is this how can I buy myself time in order to be able to sign the Vertrag and give my passport willingly to be able to start the Ausbildung.and I am living in Bayern but the company is in Baden Württemberg can I move to another region also? I will be glad if you can shed more light to the issue. Gabriel
asked Jan 29 in Education by Blite

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2 Answers

0 votes

Dear @Blite

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

First of all, congratulations for having found a company which is offering you an "Ausbildung". This is a big step! On the other hand, giving you any advice on how to deal with the immigration office's request for your passport is very difficult - especially without knowing your background and too many details. Depending on the actual reason for issuiung the "Duldung", the providing of the passport may not be unproblematic. On the other hand, providing the passport will be a requirement for obtaining the "Ausbildungsduldung". I will link our dear expert @alla_fka here. Maybe she can share her experiences and give any advice. 

Regarding the question on how to move to another region: You will need to submit a so-called "Umverteilungsantrag" at the immigration office. As soon as both immigration offices (the one currently responsible and the Ausländerbehörde in desired location) accepted the application, you are free to move. 

I hope this helps and please do not hesitate to get back to us with any further questions. 

All the best, 

Meike

answered Feb 5 by Meike
0 votes

Hello @Blite

First of all, cooperating with the authorities by clearing your identity and providing a passport is essential not only for getting the Ausbildungsduldung (which is naturally the aim, if you are to start Ausbildung, because it brings safety) but also for getting and keeping a permission for any occupation (work or Ausbildung). The worst thing is to do nothing for documents, you risk not to have a permission for Ausbildung at all and even to get a bad Duldung for people with unclear identity (worst scenario).

If you already have a passport, be careful. If the Ausländerbehörde finds out that you had it and didn’t provided it at once, you will have a big problem, because it is your duty in the German law to give them your passport if you have it. So if you bring your passport to the Ausländerbehörde, they must think, you didn’t have it before (or at least no proof of the opposite).

If you first have to apply for your passport in the embassy, it gives you some time. It is not good, if you didn’t give any documents to the Ausländerbehörde and your identity is absolutely unclear. In this case you must try to get a birth certificate or other good documents as soon as possible. And you must note all the steps you make to get documents and inform the Ausländerbehörde what you do, especially if you have a dead line for that. Don’t miss the deadline without giving them information that you do everything in your power.

If you have an offer for Ausbildung from a building company, give it to Ausländerbehörde and ask for permission 1) to make this Ausbildung 2) to move to another federal country for that. It is difficult to say, how cooperative your Ausländerbehörde is. Anyway, if they have nothing against it, they have to ask the Ausländerbehörde in the place of your Ausbildung to agree to your moving there. But I hope, this last point won’t be a big problem.

They can give you a preliminary permission with the condition to bring documents. After 3 months with a normal Duldung you can apply for Ausbildungsduldung – naturally under the condition that you get a permission for this Ausbildung. In this moment it is mostly essential to give a passport, even if it is a risk.

There is one more point to stress. If you came to Germany after the 31.12.2016, your identity had to be cleared (not necessarily with a passport, but with other essential documents) until the 30.06.2020. So, if you didn’t give any documents at all before this date without a good reason why, it can be a reason to reject Ausbildungsduldung, even if you provide now. On the other hand, it is in discretionary power of Ausländerbehörde to give you Ausbildungsduldung, if you bring documents now, so you anyway must try everything possible.

These laws are really very complicated and, additionally, many things just depend on the position of your Ausländerbehörde. It is impossible to assess in online consulting how much risk you have in this or that case and what moment is better. For that you must look for a good councelling center in your area, who can analyse your whole situation, seeing your documents, letters etc. To take a good lawyer is the best option, but it is certainly not cheap. Perhaps there is a free of charge legal councelling somewhere near you.

answered Feb 10 by Alla_fka
Highly interesting and very practical information, dear @Alla_fka! Many thanks! :-)
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