What does it mean to confirm identity?
Confirmation of identity is a key step on the way to Naturalization or to obtaining a residence permit. It serves to prove that the person making the application is actually the person they claim to be. Legal requirements and various documents play an important role here.
Before we get into the details, let us briefly explain the most important legal principles and the significance of identity verification for Naturalization and Residence permit to support your information.
The legal background to identity verification
Identity checks are firmly anchored in German residence and nationality law. Particularly relevant here is § 3 AufenthGwhich stipulates that foreigners may only enter or stay in Germany with a valid passport or passport substitute. Alternatively, a passport substitute may also be accepted under certain circumstances. This regulation is not only for security reasons, but also to ensure the proper administration of Residence permit.
- Passport requirement: Passport or passport substitute required
- Exceptions: In the case of missing documents, the replacement ID is an option in accordance with Section 48 (2) AufenthG.
Why is it important to confirm your identity at Naturalization ?
Confirmation of identity is an essential step for Naturalization . Without clear proof of your identity, the entire naturalization process can come to a standstill. This is because only clear proof can ensure that the right person meets all the requirements.
If conventional documents are missing, the step-by-step model at Clarification of identity offers flexible options for providing other proof. This step-by-step verification was introduced by the Federal Administrative Court in 2020 to help people who have difficulties proving their identity with conventional documents.
Proof of identity for the Residence permit
Confirmation of identity also plays a central role in obtaining a residence permit. Without a confirmed identity, you cannot apply for Residence permit, such as an Settlement permit or a residence permit.
In this case, you must prove your identity and nationality when you are granted a residence permit, as stipulated in § 5 AufenthG is regulated. Here, too, there are alternative forms of proof if conventional documents are not available.
The step-by-step model for Clarification of identity at the Naturalization
If you have difficulties proving your identity with a passport, there are ways for you to still successfully go through the Naturalization process. In 2020, the Federal Administrative Court introduced a step-by-step model for Clarification of identity, which is particularly flexible and helps you to apply for naturalization even without a passport.
Let's take a look at how the model works:
The first stage: Valid national passport
The first and easiest way to confirm your identity is with a valid national passport. This is the preferred and standard document that clearly and unambiguously proves your identity. If you have a valid passport, this should be your first step in confirming your identity. In most cases, this will be accepted as sufficient proof and will speed up the naturalization process.
Important points:
- Passport is the primary document for identity confirmation.
- It is recognized in almost all cases without any problems.
The second stage: alternatives to the national passport
If you do not have a valid passport, the step-by-step model allows you to present alternative documents. The alternative documents include
- Birth certificates
- Driver's license
- Registration certificate
- Other official documents from your country of origin
These documents can be used to confirm your identity in another way, but should be as complete and comprehensive as possible. If the passport is not available, you should gather as much alternative evidence as possible.
The third stage: witness statements and supplementary documents
If neither a passport nor alternative documents can be presented, it is possible to use witness statements and additional evidence. Family members or other persons whose identity has already been established can make written statements or personal statements in an interview about your identity. This can be particularly helpful in situations where no official documents can be obtained.
Additional evidence may include:
- Written/personal statements from relatives or acquaintances
- Historical documents or letters
The fourth stage: Own statements on identity
If all the previous stages are not applicable, the last option offered by the stage model is for you to make your own statements about your identity. However, these statements must be well-founded and comprehensible. It is important to explain the reasons why no other documents or evidence can be provided.
Important aspects of your own statements:
- Plausibility and comprehensibility of your explanation
- Documented attempts to obtain alternative evidence
Passport requirement according to §3 AufenthG: What you need to know
If you apply for a Residence permit in Germany or are interested in a Naturalization , the fulfillment of the passport requirement according to §3 of the Residence Act (AufenthG) is an essential component. You must prove that you have a valid passport or passport substitute. But what happens if you do not have a passport or are unable to obtain one? The law offers various ways of proving your identity.
Passport replacement and ID replacement: What counts as proof of identity?
The passport substitute and the identity card substitute are alternative documents that can prove your identity if you do not have a valid passport. The Residence Act also allows foreigners to fulfill their passport obligation by possessing such replacement documents.
Identity card replacement according to §48 AufenthG: If you can prove that it is not possible for you to obtain a passport, you can, under certain conditions, receive a replacement ID card. This will be noted on your residence permit.
Replacement documents that are accepted:
- Birth certificate
- Marriage certificate
- Driver's license
- Identity card (identity card)
- Document about testimony
It is important that you actively cooperate with the authorities and try to obtain a valid passport. In cases where this is not possible, you should clearly explain the reasons for issuing a replacement passport.
Exemptions from the passport requirement
In certain exceptional cases, the passport requirement can be suspended. There are clearly regulated situations in which people can obtain a Residence permit even without a passport or passport substitute.
Possible exceptions to the passport requirement include:
- Impossible to obtain a passport: If you can credibly demonstrate that you are unable to obtain a passport due to circumstances such as war or political crises in your home country.
- Recognized refugee status: Persons with refugee status may also be exempt from the passport requirement under certain circumstances.
- Temporary stays: In some cases, an exemption from the passport requirement may also apply for short stays, such as in the context of special programs.
Examples of exceptions
There are numerous situations in which the German government allows exceptions to the passport requirement. Here are some specific examples:
Example Eritrea
If you come from Eritrea, the Eritrean embassy will expect you to sign a declaration of repentance when you obtain your passport. You cannot reasonably be expected to obtain a passport. So that you can still clarify your identity, go through the various stages of the step-by-step model and record your attempts to obtain a passport.
Find out more about confirming your identity as an Eritrean in our video:
Example Somalia
A civil war has been raging in Somalia since 1991 and continues to this day. Documents from Somalia are not recognized in Germany. So you can apply for documents, but recognition in Germany is objectively not possible. Here too, the step-by-step model is an effective tool.
Find out more about confirming your identity as a Somali in our video:
Example Afghanistan
As an Afghan citizen, you have the problem that Afghanistan no longer issues passports and therefore you cannot obtain a passport at your embassy. The step-by-step model also applies here and you clarify your identity with alternative identity documents.
Find out more about confirming your identity as an Afghan in our video:
Identity assurance for residence permits according to §5 AufenthG
When you apply for a Residence permit in Germany, verifying your identity is an essential step in the process. According to §5 of the Residence Act (AufenthG), you must meet various requirements in order to obtain a title such as a residence permit or Settlement permit . A key criterion here is establishing your identity.
General requirements for the issue of a residence permit
In order to obtain a Residence permit , you must prove that you meet the legal requirements. § Section 5 (1) AufenthG regulates the general requirements for obtaining a residence permit, including
- Secured livelihood: You must show that you are financially independent and do not claim any state benefits.
- Clarified identity and nationality: This is particularly important. Your identity must be clearly proven, either by a valid passport or other acceptable documents.
- No interest in deportation: There must be no reasons that speak against your presence in Germany, such as a conviction for a serious criminal offense.
If you have difficulty presenting a valid passport, you may be able to use alternative evidence as described in the previous section. However, you must ensure that the identity check is fully completed before a Residence permit can be issued.
Evidence and obligations to cooperate
In addition to submitting documents, your obligation to cooperate is also crucial in order to obtain a Residence permit . This means that you must actively cooperate in obtaining evidence and clarifying your identity.
The following steps are important:
- Obtaining documents: When confirming your identity, you must endeavor to obtain all necessary documents that prove your identity and nationality. This includes, for example, passports, birth certificates or, if these are not available, alternative documents.
- Correct and complete information: All information you provide as part of the application process must be truthful and complete. Incomplete or incorrect information may result in the application being rejected.
- Cooperation with the authorities: If documents you have been asked to provide are missing or there are difficulties in verifying your identity, you should work closely with the German authorities and provide evidence that you are doing everything in your power to clarify your identity.
Help and advice with identity confirmation
Confirming your identity can often be a complex and challenging process, especially if you are unable to provide complete or valid documents. But don't worry: there are numerous support options to help you along the way. With the right advice and targeted measures, you can successfully complete the identity verification process.
Support from lawyers and advice centers
If you have difficulties confirming your identity, lawyers and advice centers can play an important role. They offer not only professional expertise but also practical support at all stages of the process. Lawyers can help you obtain the right documents and ensure that all legal requirements are met.
Some ways in which lawyers and advice centers can help:
- Checking your documents: Lawyers can check your existing documents and assess whether they are up to date and sufficient to confirm your identity.
- Advice on alternative proof: If you do not have a valid passport, you will be advised on which alternative forms of proof are possible.
- Support during the proceedings: Lawyers support you throughout the proceedings, be it in communicating with the authorities or preparing witness statements and documents. In this way, Clarification of identity can work well.
Specialized advice centres for migrants also often offer further information and support free of charge and are very familiar with the regulations and procedures.
Obtaining documents abroad: what you should bear in mind
In many cases, the request to obtain documents from your home country proves to be difficult. This can be particularly the case if your country of origin is affected by political unrest or the authorities are difficult to reach. Nevertheless, there are steps you can take to obtain the required documents.
Tips for obtaining documents abroad:
- Consulates and embassies: Contact the embassy or consulate of your home country in Germany. They can often help you apply for documents such as birth certificates or new passports. It makes sense to contact them by e-mail or telephone.
- Local service providers: In some countries, there are service providers who specialize in the procurement of official documents. Such providers often work closely with the authorities.
- Witness statements and affidavits: If documents are not available, witness statements and affidavits can be submitted by persons who can confirm your identity.
When obtaining documents abroad, you should make sure that they are recognized by the German authorities. It is often necessary for documents to be legalized or apostilled in order to prove their authenticity.
Clarification of identity without a declaration of remorse Eritrea?
Conclusion on confirming the identity
Confirming your identity is a crucial step on the way to Naturalization or to obtaining a residence permit. As you can see, confirming your identity is a complex issue. Here we have summarized the most important points for you and looked into the future of the request to complete identity confirmation.
Important key points of identity confirmation
- Primary documents such as a passport are preferred, but alternative proofs are possible.
- The step-by-step model for Clarification of identity offers flexibility for missing documents.
- Close cooperation with lawyers and authorities is crucial in order to successfully establish identity.
The future of identity confirmation
With increasing digitalization, the future will see digital procedures via cell phone such as Selfie-Ident or Video-Ident will gain in importance. These technologies can simplify and speed up the identity verification process. The electronic Residence permit is already available, which can be activated by clicking on instructions on a mobile device. It is therefore worthwhile for you to find out more!
FAQ - The most frequently asked questions about identity confirmation
You can confirm your identity by presenting a valid passport, a replacement passport or a replacement identity document. If documents are missing, alternative proof such as birth certificates or witness statements are possible.
Yes, it is possible under certain conditions. The step-by-step model at Clarification of identity allows alternative evidence such as witness statements or affidavits to be submitted if conventional documents are missing.
Yes, a birth certificate can be used as additional proof of identity, especially if a passport is not available. It serves to prove your identity and origin.
A passport replacement for foreigners is a document that serves as a substitute for a regular passport and enables them to travel internationally. In Germany, emergency travel documents or travel documents can be issued to foreigners if they can prove that they do not have a valid passport and cannot reasonably obtain one. These documents usually require proof of identity and legal residence.
For foreigners, the passport is the preferred proof of identity. Alternatively, substitute identity documents such as a Residence permit, a fictitious certificate or Tolerance permit can be used as proof.
Proof of identity is primarily a passport or identity card. If these are not available, alternative documents such as birth certificates, driving licenses or registration certificates can be used.
