Can I move to another city without my daughter's passport?

Question

Yes i have lawyer but he also told me i can not move other city because i do not have my daughters Passport, also Ausländerbehorde told to my lawyer without my daughter‘s passport they do not issue Aufenthaltserlaubnis. My Embassy told me that, first take parents Aufenthalts then they issue my daughters passport. I live in merseburg and my job in Dresden. I rented a Flat  in Dresden. I do not know what to do. In Month of Jan my lawyer told me i will get Aufenthaltserlaubnis and my family member get after 3 - 6 months but now he told me without my daughters‘s passport  Ausländerbehorde will not give me Aufenthaltserlaubnis.

In merseburg i know two family they did not have Deutsch Certificates , low salary job , they did not have any id   and they move to other city with family for job easily but i did not get any permision. Why they behave like this with me and my family ? I did not understand. Because of their behaviour i lost already my first job and now i think second one also lost  in next one or two month.

Answer 1

Hi @parekh2111, Assuming you have a Duldung, you are obliged to live in Saxony-Anhalt, yes? This is called 'Wohnsitzuaflage'. To move to another region, you have to ask permission from the Ausländerbehörde. You mentioned that your applications for permission were turned down. You did not, however, explain the reasons the Ausländerbehörde gave for this. Was it due to the level of income you would receive from the job? Were there issues due to your daughter's passport? Or other reasons, for example it being an unqualified position? You wrote that the embassy told you they would only issue your daughter with a passport when you have a residence permit. In what way was this communicated to you? If you have this in writing, it should be shown to the Ausländerbehörde as proof of your inablity to obtain a passport for her. The Ausländerbehörde have to exaplin to you how you are supposed to get a passport for her (called Hinweispflicht and Anstoßpflicht in German). They cannot refuse you to move if you are unable to obtain a passport for your daughter for reasons beyond your control. Best, Éanna

Comments

Yes, I have Dudlung, I have a bachelor's degree from HS-Mersberg, and I have a good paying job. I apply to Merseburg nach Dresden (Umvertiligung Antrag). Ausländerbehorde-Dresden has so far refused approval because we were unable to provide any further evidence of an obligation to cooperate.


I didn't have any written statement from the Embassy as they told me all the requirements details on the website, they can't quite write for me. I applied for passport of my daughters in January 2022.

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So if you have a Duldung and a degree from a German university, I assume you are applying for a residency permit according to paragraph 19d of the Aufenthaltsgesetz? This is for graduates who have a Duldung, once all the other requirements are provided.

If it is still possible to appeal the decision by the Ausländerbehörde in Dresden, I would write an appeal. Otherwise apply again to move. If you have applied for your daughter's passport and can provide proof of this, what further evidence of obligations to cooperate do they wish to see?

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Thank you so much for your Support and guidance.

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Thank you for providing more details. Please do not provide any additional personal information as this is a public forum and not suited for such.

You have submitted a comprehensive amount of documentation. The only thing missing would be something to show you have applied for her passport or for example have an appointment to do so.

In my view, you can only be denied the 19d permit if your daughter does not have a passport due to your own inaction. If you can show that you have at this moment in time done everything you can to obtain one, then permits could be issued and you forward the passport when you have it. You cannot be held responsible for factors beyond your control, i.e. if the embassy cannot offer an appointment for six months.

Would it be possible to ask the companies you and your wife have job offers with to inquire on your behalf with the Ausländerbehörde?

This should only be done after consulting your lawyer. It is crucial that your lawyer is transparent with you about actions he is taking on your behalf. Perhaps you could set out a list of specific questions to him about your situation? If anything is unclear about what it happening internally with your requests to move or for the 19d, then you can request to view the Ausländerbehörde's files on your case (in German Akteneinsicht).

You cannot move without permission. If you do so, this could have negative consequences for any potential move or permit.