Have all the requirements to apply for 25b, only without employment

Question

@Eanna
Thank you very much, for your clarification
Of a truth, I did not submit work application to Immigration office, I only ask the Immigration officer if it is possible for me to work now since I give them my birth certificate and appointment letter to Embassy for passport processing also the event of speaking with my country Embassy representative, and the Immigration officer said no, I can't work until I bring my passport, and my Duldung was 6 months before, when them renewed it now it became 3 months, and the Immigration also write me 3 days ago that, them can't issue work permit without no passport, that everything I have submitted so far is not in the right way to issue me work permit, but in the nearest future, if I have obtain passport, I should submit it to the Immigration office, then work permit can be reviewed again, so Mr Eanna I want to ask, please when I submit my passport to the Immigration office, is it possible for them to deport me, and leave my family here in Germany? Or is is possible for the Immigration office to use 3 people passport to deport 5 people? My second question is since I have the requirement to apply for 25b, only without employment, because them did not give me work permit, but I am still working voluntary, and I have already submitted my voluntary certificate to the Immigration, can the Immigration office consider my application for the 25b, issue there after I start working to go again? Please try to make me understand, if it can be possible, thank you very much once again.

Many Greetings
William

Answer 1

Hi @William

You’re welcome! I do not understand why you were not given a work permit. As I previously wrote, it is not having a passport or not that matters, but rather whether a person has at this moment done everything in their power to obtain a passport. You have proven this with the appointment letter and having spoken with your embassy. If there is a passport application in process, then there is nothing more you can do at this moment to get a passport. I therefore disagree with the blanket statement of a work permit only with a passport, however, I do not know the details of your case and the history up to now.

If you still have time to appeal the decision, then I recommend you do so. In your appeal, you should point out the authorities’ obligation to indicate what steps you should take (Hinweispflicht) and ask them what further steps are in your power to do so at present. As this involves a concrete procedure rather than just information about your situation, I also recommend you seek assistance from a migrant advice centre in your area. Here you can search for one:

https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/

I cannot provide the assurance that without a passport or with only some members of a family having a passport, a deportation isn’t possible. Germany has agreements with certain countries that enables deportation without a passport.

It is possible to issue 25b without employment but only in certain cases. You can see this if you **** at the legal text itself:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__25b.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

An example is single parents. They can also make an exception if they believe that a person is likely to be financially secure in the future. In this case they **** at a person’s previous education and training, level of German etc. In this respect it is good that you are volunteering and have submitted proof of this. It is at the discretion of the authorities to make such exceptions.

Best,

Éanna