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Hello Wefugees

I came to germany in feb 2019 and since sept 2019 I am studying at Hochschule in stuttgart and i am studying bachelor of engineering and i still need 1 more year to complete my degree. I do not take any help from government.  I am living in student dorm and paying for my tution fee also on my own. I got my 2nd, 3 months duldung in December but with out work permission.  

Now Ausländerbehörde and Abteilung 8 asked me to clear my identity. Should i clear my identity? And if i do give them my passport will they let me complete my studies?

And how can i get my work permission again?
asked Jan 7 in Legal advice by Fawad
edited Jan 7 by Fawad

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2 Answers

0 votes

Dear @Fawad,

Welcome to the Wefugees Community and thank you for sharing with us your questions.

I am afraid that is very difficult to give you a general advice on your next steps without knowing your situation very well. I read in another thread you opened that the Hochschule is very supportive and helping you also in dealing with the Ausländerbehörde (immigration office). This is definitely very good and I am happy to hear this. On the other hand, an experienced migration/refugee counselling office or a lawyer may command a more in-depth and specialised knowledge on potential solutions for your issue. Therefore, I would highly recommend to contact a respective office (they offer free of charge services) in the first place, in order to get a second opinion and another perspective on your situation. Please let us know if you need support in finding an organisation in your area. I will also link my dear colleague @Alla_fka here: can you maybe add some more information on Fawad's case? If I am not mistaken, the new government was also planning to abolish the concept of "ban/prohibition to work" in Germany, right?

All the best,

Meike

PS.: I will close one thread you opened earlier with a very similar content. This will help us to keep a better overview and information in once place. I hope this is okay for you.

answered Jan 9 by Meike
Thanks for answering.
Please help me to find an organization.  I live in stuttgart.
0 votes

Hello Fawad,

first of all, you can find contact information of migration/refugee counselling offices or in Stuttgart as well as of lawyers working in this area on the Web page of Flüchtlingsrat (Refugee Councel) Baden-Württemberg: https://fluechtlingsrat-bw.de/adressen/

You can also contact Flüchtlingsrat on phone Monday, Thursday, Friday 14:00 – 16:00, Wednesday 14:00 – 17:00 (0711 / 55 32 83-4) or ask them in mail, if they can make exacter recomendation (info@fluechtlingsrat-bw.de).

It is difficult to assess your situation without knowing details. The important thing is how much risk you have to be deported if you bring your passport. It depends naturally on your country of origin and on your personal situation. Naturally you can ask for prolonging your Duldung until you finish your studies. But, unlike Ausbildung, studing in the university doesn't give you a legal right for a safe Duldung. It is therefore very important to get good councelling and support.

On the other side, from the legal point of view the Ausländerbehörde has right to give you a job ban, if you don't cooperate in clearing your identity (bring no identity documents and make no visible steps to reach them). And in my experience in Baden-Württemberg they normally use this right. So if you want to have your work permission back, it is better to make at least some steps and to give proof to Ausländerbehörde. Which steps, it depends on your up-to-date situation with the documents.

Meike is not mistaken about the plans of the governing coalition to abolish the concept of "ban/prohibition to work" in Germany. It has been a part of coalition contract. But nobody knows in the moment how quickly this change can come and in what form. Perhaps they will leave some exclusions. And anywas, passing of a new bill takes time. I wouldn't perhaps wait so long, I would look if it is possible to do something to get your work permission back now. Because if you finish your studies successfully, find work in the area of your studies and wish to get a residence permit for this purpose, you definitely need a valid passport. It would be then an absolutely necessary condition.

answered Jan 13 by Alla_fka
Thank you very much for your reply and the important information you shared, dear @Alla_fka! Very much appreciated! Best, Meike
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