Is it possible to leave Germany as a student while having a pending asylum appeal application? + Local passport problem

Question

Dear Sir/Madam,

I hope this message finds you well. I am an asylum seeker who came to Germany from another EU country and my asylum application has been rejected as inadmissible due to Dublin regulations, but I have appealed to the court, and my appeal is pending. I still have an aufenthaltsgestattung.

When I was in the other EU country, I lost a bag that contained my passport on the way to Germany. However, I have been contacted by one of the people that knows me that the bag has been found, and I have told him to post it to Germany.

I have received a scholarship from Australia, and I want to apply for a student visa at its embassy in Germany. As a result, can I tell the foreigner's office that my passport has been found, but I need it to apply for the student visa, and I intend to leave Germany in case my student visa gets issued?

I would like to thank you in advance for your answer.

Kind regards

Answer 1

Dear @ahmedahmedi, 

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

I thought about your situation for a while now - it’s indeed a bit complicated and I can, unfortunately, not share any experience here. I’m sure the immigration office (Ausländerbehörde) wants to have your passport as long as you are in Germany. However, I don’t think they have an interest in preventing the issuance of your Australian visa. Maybe it’s possible to make an agreement that you submit your passport as soon as the Australian embassy doesn’t need it anymore/has checked it. Or do they keep the passport for the entire visa process? 

I think it would be the best to discuss a strategy individually and confidentially in a migration counseling office. The social workers may also support you in the communication with the immigration office. 

Do you agree dear @mbeon-fardeen? And can you add any advice? 

In any case, please don’t hesitate to get back to us with any further questions and if you need help in finding counseling services in your area. 

All the best, 

Meike