Should i submit my passport?

Question

I want to apply for aufenthaltsgestz §16g.

I know I will need a passport. Due to fear of deportation when applying for asylum, I didn't submit my passport, I submitted my birth certificate and ID.

My passport has a visa for another Schengen country and also a stamp of entry for another Schengen country

However, now I want to get aufenthaltsgestz §16g, If I submit my passport, will I face any issues based on that, or should I apply for a new passport instead?

Answer 1

Hi. When you enter Germany at the Airport the information is shared to Immigration offices. They know which day you applied visa, arrival in Germany they even have your fingerprints. Lastly yes you will have serious issues get a lawyer. Again once you apply as a refugee your visa in your passport is invalid..

Answer 2

Dear @Jessica27, 

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

Unfortunately, we are not able to provide legal counselling on this public platform (we are no lawyers either). I would highly recommend you to discuss this question (as Simi said) with a laywer or an experienced counselling office. As you are obliged to submit your passport (especially when you actually have one) you may get in trouble with the authorities as soon as they learn about it. It is important to discuss your case carefully on an indvidual basis.

On asyl.net they explain:

"Those seeking protection are generally obliged to hand over their passport to the immigration authorities when applying for asylum. If you do not have one, you are obliged to help obtain an identity document (see Section 15 Asylum Act). However, there is no obligation to contact the embassy of the potential persecuting state during the ongoing asylum procedure. After recognition, there is still no obligation for recognized asylum seekers and refugees under the Geneva Refugee Convention to obtain a passport from the embassy. You will receive a travel document for refugees issued by Germany. If you still apply for or have a passport from your country of origin extended, this can lead to the initiation of a revocation procedure, as it is assumed that the person concerned is once again subject to the protection of the persecuting state (see Section 73 Para. 1 No. 1 AsylG).

Those entitled to subsidiary protection and people who are subject to deportation bans are obliged to cooperate in obtaining identity papers from their country of origin. However, the issuance of a residence permit based on the positive BAMF decision may not be made dependent on the presentation of a home passport. If participation in the procurement is unreasonable, they will receive replacement ID documents (see Section 48 Para. 4 Residence Act).

A mandatory obligation to obtain a passport and therefore to visit the embassy applies to people with tolerated status. If you do not participate in obtaining a passport or a replacement passport and therefore the deportation cannot be carried out, you will receive a toleration for persons with an unclear identity in accordance with Section 60b of the Residence Act."

All the best, 

Meike