Here you can ask, answer and find questions surrounding the topic: arriving in Germany
Hello Wefugees,

Please I would like to ask you this important question.
 If a Duldung holder want to travel to another EU  country to apply for his/her national passport in order to fulfill his passport obligation.
Can he or she apply for Reiseausweis at the local Ausländerbehörde?
By law, do the Ausländerbehörde has the right  to issue Reiseausweis to Duldung holders?
If no, then how can someone prove beyond reasonable doubt that he has try to get his national passport but failed because his country embassy in Germany doesn't issue passport, rather he has to travel to another EU  country to apply for it.

 Best wishes
asked May 30 in Legal advice by Great Man

Please log in or register to answer this question.

2 Answers

0 votes

Dear Great Man, 

Welcome back to the Wefugees Community and thank you for your question. 

A "Duldung" is a "temporary suspension of the deportation" and not a residence permit. Holding a Duldung, people are unfortunately not allowed to leave Germany. In many cases, people receive a Duldung because they can not provide a passport. Without a passport it is very difficult for the authorities to deport people to their country of origin. 

I am not aware of cases, in which the immigration offices gave a permition to a Duldung holder to travel to another country in order to apply for a passport. Depending on the individual situation and the actual reasons which prevent the deportation for the time being, you may also be at risk for deportation as soon as you hold a valid travel document. 

I will also link our dear @alla_fka here. Maybe she can add some legal details or correct me. 

In any case, please don't hesitate to get back to us with any further questions. 

All the best, 

Meike

answered May 30 by Meike
Hello Meike,
Please see my previous questions so that you can get better understanding on this matter.
Remember I asked question about my friend Härtefallkommission application. And I made the letter she received from Härtefallkommission available on this platform.
They told her to contact the Ausländerbehörde, so that she will be informed how her stay in Germany will continue.
As a result from her contact with the Ausländerbehörde, they sent her application form for Reiseausweis für Ausländer to be filled out and send back to them.
Ausländerbehörde want to issue her Reiseausweis für Ausländer to enable her travel to another EU country to process her national passport.
That's the reason why I asked if Duldung holders can apply for Reiseausweis für Ausländer.
This situation is bit confusing and it's made her somehow fear for deportation if she get her country passport..
Thanks.
0 votes
Hallo,

if I understand right, the Ausländerbehörde itself proposed to issue the Reiseausweis für Ausländer, so that the person can travel to another country for a short period of time.

The problem is that if the Ausländerbehörde wants and is legally able to do this, the person can' refuse to follow. In this case the person would refuse to fulfil the Mitwirkungspflicht (duty to cooperate in providing documents), which can lead to sanctions.

Normally persons with Duldung can't travel abroad but there are always possibilities for exclusions for example for schoolchildren (class excursions) or hardship cases (deaths etc,). The Ausländerbehörde can also issue a residence permit for a very short period of time. I know the case of a man, who got it for some months to go to Pakistan to his family and try to clear his citizenship. After returning to Germany he had Duldung again and got a residence permit much later with help of a good lawyer.

The case sounds like an exclusion and must be checkt by a good councellor or a lawyer with the expertise in aliens law, not only online in general form.
answered Jun 4 by Alla_fka
Thank Alla_fka,
I think her case is similar to that man from Pakistan that you mentioned in your response.
In our Telephone conversations with the Ausländerbehörde,  the clerk responsible for her there floated the idea that she is going to issue her residence permit in accordance with section 25 (5) Aufenthaltsgesetz for only 6 months.
And then after the 6 months, will she be issued Duldung again?

Thanks
It is then really similar to the case I mentioned before. The man from Pakistan, if I'm not mistaken, got the residence after §25.5 AufenthG (I think, also for a period of 6 months), visited Pakistan, returned and, as the residence was over, got Duldung again. His deportation was not possible, after a long fight with a court procedure the Ausländerbehörde issued a residence after §25.5 again.
But in his case it was not possible to get a passport because he was accepted whether from Pakistan nor from India and couldn't prove his identity. In your case the person is going to travel abroad to make a passport and give identity proof.
3,766 questions
4,512 answers
6,127 comments
135,914 users