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Hello Wefugees I have a very important question to ask, when I got rejected 2 time from the BAMF and court the stress was too much for me so after 2years that I left the refugee facility because of many stress. I was later asked to come back to my city. I went there and I received a 6 month permit (Aufenthaltsgestatlung) so in that case i quickly **** for a job. The Ausländerbehörde accepted my offer and gave me a working permit. But in return with Duldung . I start working ever since I have got the Duldung, I changed my city to the place am working. So now the problem is the Ausländerbehörde in the city where I recently moved in are now requesting for my passport and birth certificate or anything that can clear my identity if not they will stop me from work and also I will be back to my old city. I’m confused , at first my old city wrote on my Duldung that incase in the future if I had stopped working if I want to receive benefits that I have to go back to my old city and the same thing with recent city now. The new city I’m now and I also got papers to go the hard commission for my last chance . Please anyone can help me with a good advice I’m confused I have tried all my best to get a passport but it ain’t working out
asked Sep 11 in Legal advice by Amnion | 332 views

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Dear @Amnion,

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

It sounds as if the immigration offices are threatening to issue a so-called "Duldung light" - a Duldung for persons of unclear identity (according to section §60b Residence Act). With such a Duldung, you are not allowed to work anymore. You are saying that you tried your best to get a passport. This is what you also have to prove to the authorities.

Handbook Germany is providing very helpful information on this topic. They state:

In principle, people with "unclear identity" are obliged to obtain a passport and are expected to do all they can to do so, but within what is feasible. Generally speaking, for obtaining a passport, the following steps are considered feasible:

  • Visiting the embassy in person as well as the submission of fingerprints or other identification measures (e.g., photos, measurements).
  • Submitting a declaration of willingness ("Freiwilligkeitserklärung"). A declaration of willingness states that you are willing to return to your home country voluntarily if necessary. Many countries require this declaration before they can issue you with ID papers (from your home country). You have to sign the declaration in the embassy of your country.
  • Attending hearings.
  • Communication of all facts and evidence that are necessary to clarify your identity.
  • You have to make a declaration in which you confirm your general readiness to do military service in your country. You do not have to declare that you have done your military service.
  • Payment of passport fees and other costs.
  • Obtaining documents such as a birth certificate from contact persons in your home country.

Please note: If the authorities require you to do something that you find unreasonable, e.g., because you have a well-founded fear of visiting the embassy, or you cannot make a declaration about military service, you should contact a counselling centre.

If the authorities so require and a different outcome is likely in the future, you must repeat the above actions in order to obtain a passport.

Some brief information about the Hardship Commission (since you mentioned that you received relevant papers): 

If you want to have good realistic chances, you need to prove that you are well-integrated in Germany. I compiled some information in this thread, for instance.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Sep 19 by Meike
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