Will my daughter received an "Aufenthaltstitel" without a passport

Question

Hello,

I received a few days ago a letter from the administrative court and the judge granted a National ban deportation for me and my family. There is 3 differents cases.

1) My wife and me granted with a National ban deportation.

2) My Son: was rejected because his only nationality is Colombian, so the judge said that is not possible give him a National ban deportation as Colombian, however we as parents can benefit him. Could you please explain to me How it works? Can we request it at the same time or firstable we as parent must be entlitle with a residence permit?

3) My Daughter: she was born in Germany last year in the middle of the asylum process, the only ID that she have is the German "Geburtsurkunde" since we have an open asylum procedure we can't go to the embassy from our country to make the registration, request the nacionality and then be able to get a passport.

She was granted with a National ban deportation and soon we'll receive an invitation to the migration office to request a residence permit.

I know that one of the requierements to get a residence permit is own a valid passport. She dosen't even have any nationality yet and I'm aware that probably the whole process could take arround one year or more since the embassy from Venezuela doesn't work properly and for example a normal person without any issues must wait arround 6 month to received a passport, not to mention that you have to spend 300 dollars just on the passport and we received social benefits from Sozialamt.

Also the rest of Family have all the documents expired, What do you think about our situation, I read something about a grey passport are these valid reason to get one for the whole family or at least for my daugther?

Thank you in advance!

Answer 1

Hello @Faga0206

It is not clear what you mean in your second question regarding the judge saying that you as parents can benefit him. You son is initially entitled to a Duldung due to you being here and can continue receiving benefits from Sozialamt. When you have been issued with the decision on the national deportation ban, you can then apply for a residence permit for him according to paragraph 32, section 4 of the immigration law:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__32.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

For him to get this, the authorities have to consider it necessary in order to avoid a particular hardship. In general, such a permit (unlike the ones the rest of you will receive) requires that your son is financially supported without accessing social welfare benefits. However, it is possible that due to the unusual nature of your case that an exception would be made.

With a residence permit for deportation ban, you are obliged to have passports. From what you write, you no longer have an ongoing asylum case and so it is required of you to have a valid passport.

The grey passport is a special type of passport for foreigners (Reiseausweis für Ausländer). It is only issued to foreigners who can prove it is not possible for them to obtain a passport from their home country. High costs or long processing times are not sufficient reasons for being issued with a grey passport. If you wish to try to get one, you need to document all your attempts to obtain a Venezuelan passport. Keep records of communications with the embassy, travel to the embassy, appointments, application forms etc.

Best,

Éanna