Obligations under ID law according to § 48 AufenthG
Section 48 of the Residence Act comprehensively regulates the legal obligations for foreigners and German citizens with dual nationality. It is crucial that you know and fulfill these obligations in order to avoid legal consequences.
General obligations for foreigners according to § 48 AufenthG
According to § 48 AufenthG paragraph 1 sentence 1, as a foreigner you are obliged to carry certain documents with you at all times and to present them to the authorities on request. These documents include
- Original of your passport or passport replacement (a copy is not sufficient)
- Original ID card replacement
- Your Residence permit or a certificate of suspension of deportation (original)
You must present, hand over and temporarily surrender these documents to the authorities responsible for enforcing immigration law on request in order to ensure the implementation or safeguarding of measures under the Residence Act.
Obligations for German nationals with foreign citizenship
As a German citizen who is also a foreign national, you are also subject to certain obligations in accordance with Section 48 (1) sentence 2 AufenthG.
In particular, you must present and hand over your foreign passport or passport substitute on request to establish your identity if:
- you have been refused a German passport under Section 7 (1) of the Passport Act or your German passport has been withdrawn under Section 8 of the Passport Act
- An order has been issued against you in accordance with Section 6 (7) of the Identity Card Act and there are indications that justify the assumption that you intend to leave the federal territory
It is important that you take these obligations seriously and always find out which documents are required in your particular situation.
Exceptions according to § 48 para. 4 AufenthG
There are exceptions under Section 48 (4) AufenthG in which documents other than passports must be presented. In this case, you do not have to fulfill the passport requirement under Sec. 3 (1) AufenthG.
The situations are as follows:
- Situation according to § 5 Abs 3 AufenthG: Your residence as a foreigner does not impair or jeopardize the interests of the Federal Republic of Germany for any other reason. or jeopardizes them.
- This occurs, for example, in the cases of § 24 AufenthG or § 25 1-3 AufenthG. In these cases, the Residence permit must be issued even if no passport is available.
- Situation according to § 33 AufenthG: If, at the time of birth, both parents or one of the authorized parents hold a residence permit, Settlement permit or EU permanent residence permit and the child was born in Germany.
In these situations, a replacement ID card is issued. This is then checked. The validity of this replacement ID card is always earmarked for a specific purpose.
Detailed explanation of the obligations under § 48 AufenthG
The decisive factor for you with regard to the obligation to provide identification in accordance with § 48 AufenthG is the handing over and presentation of documents and what right the authorities have to check your data.
Assistance in establishing identity
Another important obligation under Section 48 (3) AufenthG is to actively cooperate in establishing your identity in accordance with the requirements of Section 49 (1) AufenthG. This involves several steps that you must follow:
- Obtaining identity documents: If you do not have a valid passport or passport replacement, you are obliged to cooperate in obtaining these documents. This means that you must take all necessary steps to prove your identity.
- Submission of certificates and documents: You must submit all relevant certificates, documents and data carriers required to establish your identity and nationality to the authorities.
Presenting and handing over documents
Presenting and handing over your documents is an essential part of securing measures under the Residence Act. As a foreigner, you need to have certain documents to hand at all times and be able to provide them to the authorities.
It concerns the following documents:
- Passport, passport replacement and ID replacement: You must always carry a valid passport, passport replacement or ID replacement with you.
- Residence permit or certificate of suspension of deportation: These documents are equally important and must be presented if required.
Measures in the event of non-fulfillment of obligations
The authorities can take various measures if you do not comply with the obligations under Section 48 AufenthG. According to Section 48 (3a) and (3b) AufenthG, the authorities have the right to evaluate and read your data and check these documents to ensure that you meet the conditions of your residence status.
Search and seizure
If you do not comply with your obligations, the authorities can search your person and your belongings. This measure is only carried out under certain conditions and is strictly regulated.
- Search of person and property: The authorities may search you and your personal belongings if there is a suspicion that you have relevant documents or information that you have not provided voluntarily. This can be done both at your place of residence and at other places where you are staying.
- Access data: Access data from end devices (laptop/telephone) may also be used in accordance with § 48a AufenthG if this is necessary for Clarification of identity and you have been informed in advance.
- Order by a judge or authorities: As a rule, a search may only be ordered by a judge in accordance with Section 58 (9a) AufenthG. In exceptional cases, if there is imminent danger, the competent authorities may also order this measure. This legal framework ensures that your rights are protected and that the measures are proportionate.
- Prevention of unauthorized access: The authorities are required to act strictly in accordance with Articles 24, 25 and 32 of Regulation (EU) 2016/679. These requirements ensure that there is no unauthorized access by third parties.
Measure | Condition | Implementation |
|---|---|---|
Search of person and property | Suspicion of possession of relevant documents | By order of the authorities or judges |
Ordering the search | Imminent danger or court order | Through authorities |
Reading out data carriers
Data carriers may also be analyzed and read by officers. The authorities have permission to obtain the necessary information to establish your identity. This measure is also strictly regulated and serves to protect your privacy.
- Permissibility and conditions: The reading of data carriers, including mobile devices and cloud services, is permitted if you do not have a valid passport or passport substitute and this is necessary to establish your identity and nationality. You are obliged to provide the necessary access data.
- Protection of private life: There are strict regulations to ensure that no sensitive personal information, which is part of the core area of your private life, is collected by reading the data carriers.
- Deletion of data: Information from the core area of private life may not be used and must be deleted immediately in accordance with Section 48 (3c) AufenthG.
Measure | Condition | Protective measures |
|---|---|---|
Reading out data carriers | Missing valid passport or passport replacement | Provision of access data by the data subject |
Protection of private life | Strict requirements and immediate deletion | Non-utilization of sensitive personal information |
Practical tips for fulfilling identification obligations
It is important to follow a few practical tips in order to fulfill your obligations under Section 48 AufenthG and avoid legal consequences. These tips will help you prepare for official checks and keep your documents in order at all times.
Always carry the necessary documents with you
One of the most important things you can do to fulfill your identification obligations is to always carry the required documents with you. This will ensure that you are well prepared in the event of an inspection by the authorities.
- Passport and Residence permit: Make sure you have your valid passport and Residence permit to hand at all times. These documents are proof of your identity and your residence status in Germany.
- Certificate of suspension of deportation: If you have a certificate of suspension of deportation, please also carry this with you. This certificate serves as provisional proof of your right of residence.
Cooperation with authorities
Good cooperation with the authorities can prevent many complications and help to ensure that your residence matters run smoothly.
Here are some tips on how you can work proactively with the authorities:
- Proactive participation: Keep yourself regularly informed about the latest legal requirements and ensure that your documents are always up to date. If you are asked to submit additional documents or take certain measures, do so immediately.
- Avoid complications: Always maintain open communication with the authorities. If you have any questions or uncertainties, do not hesitate to contact the relevant authorities directly. Clear and transparent communication can avoid many misunderstandings.
Unlimited Residence permit, what now?
Conclusion on Section 48 AufenthG
Summary of the most important points
Identification obligations:
- Always carry the necessary documents such as passport, Residence permit or certificate of suspension of deportation with you.
- Present and hand over documents to the authorities on request.
Measures in the event of non-fulfillment:
- Authorities can order searches and the reading of data carriers.
- These measures serve to establish identity and secure legal measures.
Practical tips:
- Proactive participation and open communication with the authorities are essential.
- Regular updating and review of documents to avoid complications.
Importance of identification requirements for the Naturalization
Legal residence:
- Compliance with identification requirements is a basic prerequisite for legal residence and therefore also for the naturalization process.
Cooperation with authorities:
- Proactive behavior and the provision of all necessary documents increase the chances of a successful Naturalization.
Avoidance of legal problems:
- By fulfilling your obligations, you avoid legal problems that could have a negative impact on the naturalization process.
FAQ - The most important questions about § 48 AufenthG
§ Section 48 AufenthG regulates the legal obligations of foreigners and German citizens with dual nationality in Germany, including the obligation to present certain documents and hand them over to the authorities if required.
Foreign nationals must present and hand over their passport, passport replacement, ID replacement and Residence permit or a certificate of suspension of deportation to the authorities on request.
The Foreigners' office can confiscate the passport to ensure that the foreigner's stay complies with the legal provisions and to carry out measures such as establishing identity or securing a ban on leaving the country.
If the passport is lost, the person concerned must immediately apply for a new passport and comply with the identification obligation by means of alternative documents such as a passport replacement.
Failure to comply with these obligations may result in searches, the reading of data carriers and possible legal sanctions. The authorities can take measures to ensure identity.
The Residence Act applies to all foreigners residing in Germany, regardless of the purpose of their stay, as well as to German nationals with an additional foreign nationality.
