Naturalization without a national passport
Here you can find out the procedure for Naturalization without a passport and why Naturalization without a passport is complicated for foreigners.
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Legal basis
The legal basis for Naturalization is found in § 10 StAG. The very first sentence states that Naturalization cannot function without Clarification of identity . The Clarification of identity is important in order to be able to determine your nationality, origin and age. Section 10 StAG literally states: (1) A foreigner who has been legally resident in Germany for eight years and is capable of acting in accordance with Section 37 (1) sentence 1 or is legally represented shall be naturalized upon application if his or her identity and nationality have been clarified.
How do I prove my identity?
The legal basis for Naturalization is found in § 10 StAG. The very first sentence states that Naturalization cannot function without Clarification of identity . The Clarification of identity is important in order to be able to determine your nationality, origin and age. Section 10 StAG literally states: (1) A foreigner who has been legally resident in Germany for eight years and is capable of acting in accordance with Section 37 (1) sentence 1 or is legally represented shall be naturalized upon application if his or her identity and nationality have been clarified.
Rapper Nura:
30 years without a German passport
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How to obtain Naturalization even without a passport
Would you like to apply for Naturalization , don't have a passport and don't know what to do? Take our free test!
How does Naturalization work without a passport?
Try to get a national passport
If the application is not possible, you can proceed to the next step.
Proof that it is impossible or too difficult
Once this has been verified, the next step is taken.
The step model
Try to get a national passport
If the application is not possible, you can proceed to the next step.
Proof of objective impossibility or subjective unreasonableness
Once this has been verified, the next step is taken.
The step model
Try to get a national passport
One possibility is that you can obtain a national passport from the relevant embassy in your country of origin in Germany or directly abroad. This is possible in most cases. Once you have the national passport, you can go to Naturalization . Condition: You meet all other requirements. If this is not possible, you will have to prove that it is objectively impossible or subjectively unreasonable.
Proof of objective impossibility or subjective unreasonableness
There are cases in which it is not possible to obtain a national passport. Now you need proof that obtaining your passport is objectively impossible or subjectively unreasonable. It is not enough to send appointments and emails to embassies. You will not receive any answers and are stuck. You need written proof. As a rule, this written proof is not issued.
This is where Migrando can solve the problem: We have a lot of experience in this area and a unique position in Germany. If we at Migrando have made every attempt to obtain passports over a longer period of time, then at a certain point we can prove that the passports cannot be obtained and that obtaining a passport is not possible. Once this has been proven, the step-by-step model comes into effect.
The step model
There are cases in which it is not possible to obtain a national passport. Now you need proof that obtaining your passport is objectively impossible or subjectively unreasonable. It is not enough to send appointments and emails to embassies. You will not receive any answers and are stuck. You need written proof. As a rule, this written proof is not issued.
This is where Migrando can solve the problem: We have a lot of experience in this area and a unique position in Germany. If we at Migrando have made every attempt to obtain passports over a long period of time, then at a certain point we can prove that the passports cannot be obtained and that obtaining a passport is not possible. Once this has been proven, the step-by-step model comes into effect.
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Requirement Valid national passport
A recognized and valid national passport is always required for Clarification of identity . There must be no doubt as to the authenticity of the documents. If you do not have a passport, you must check whether you can reasonably obtain such a document.
Example: Afghanistan (September 2023)
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This is the case for Afghan nationals, for example. The Afghan embassy does not issue national passports. The naturalization authorities nevertheless require proof that it is not possible to obtain a national passport.
The applicant cannot apply for this proof. Migrando has experience in this and receives proof from the Afghan embassy that it is objectively impossible to obtain a passport. Alternative documents are now required as a passport substitute in accordance with Section 3 (1) AufenthG. These start at level 3 in the table of levels.
Contacts:
Embassy of the Islamic Republic of Afghanistan in Berlin
Taunusstraße 3, 14193 Berlin
Tel: 030 20673518
E-mail: info.berlin@mfa.af
Consulate General of the Islamic Republic of Afghanistan Bonn
Liebfrauenweg 1a, 53125 Bonn
Tel: 0228 22720718
E-Mail: Info.bon n@mfa.af
Consulate General of the Islamic Republic of Afghanistan Munich
Nördliche Münchner Straße 12, 82031 Grünwald
Tel: 089 255523030
E-Mail: info.munich@mfa.af
Example: Eritrea
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The Eritrean embassy requires citizens to submit a declaration of repentance in return for a passport. In this declaration of remorse, which is signed at the embassy, the signatory signs a declaration stating that leaving the home country is a criminal offense. Germany does not recognize this declaration. It is therefore not possible to obtain a passport, as this procedure is subjectively unreasonable for the applicant.
This is followed by the steps from level 3 downwards for a passport replacement or the proof in level 6, which proves that the passport replacement cannot be obtained either.
Contact:
Embassy of the State of Eritrea Berlin
Stavangerstrasse 18, 10439 Berlin
Tel: 030 446 74 60
E-mail: embassyeritrea@t-online.de
Consulate General of the State of Eritrea in Frankfurt/Main
Lyoner Str. 34, 60528 Frankfurt am Main
Tel: 069 695 346 00
E-Mail: info@konsulat-eritrea.de
Example: Somalia
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Since 1991, Germany has refused to recognize all documents issued by Somalia. As a result, passports or identity cards are presented that are not recognized by Germany. Obtaining a passport is objectively impossible due to non-recognition. Here too, documents from level 3 downwards take effect.
Contact:
Embassy of the Federal Republic of Somalia in Berlin
Rheinstraße 10, 12159 Berlin
Tel: 030 23630010
E-mail: somaliembassyberlin@gmail.com
Other identity documents
If you are unable to obtain a passport and it is objectively impossible or subjectively unreasonable to expect you to do so, you can also prove your identity by means of other suitable official (identity) documents.
This applies in particular to official identity documents with a photograph (identity card/ID card), as well as other official documents without a photograph, such as birth and marriage certificates, christening certificates, school reports, etc.).
Important: Documents with a photograph have a higher evidential value than those without.
Testimony
If you are not in possession of such official documents and you are unable to obtain these documents despite being sufficiently cooperative, you can also have witnesses testify to prove your identity in accordance with §26 Para. 1 S.1 and 2 VwVfG. For this purpose, a family member whose identity has been established can (in the best case) make an affidavit. Alternatively, a DNA test can also be carried out, but this is voluntary. The authority can also obtain information of any kind, hear the parties involved, question witnesses and experts, consult documents and files and inspect the evidence.
Miscellaneous
If all stages do not work and you can neither obtain a passport nor reapply for one, or other means of proof do not work, then stage 4 comes into force. Taking into account all the circumstances of the individual case and all the evidence you have provided, the authorities can be convinced. All doubts as to the correctness of this must be dispelled.
Conclusion
The Clarification of identity is of fundamental state interest and if you cannot present a recognized and valid passport, your identity can be proven by other documents and/or other means of proof in the 4 stages of the stage model. Always remember: you are subject to the obligation to cooperate.
We at Migrando will of course be happy to support you in the Clarification of identity process.
How to obtain Naturalization even without a passport
Would you like to apply for Naturalization , don't have a passport and don't know what to do? Take our free test!
We answer your questions
Yes, in some countries such as Afghanistan, Eritrea, Somalia or Ukraine there are reasons why it is not possible to obtain a passport. It is important that you can prove these reasons. This is an objective impossibility or subjective unreasonableness. Migrando can obtain these documents and we can also prove through documentation that it is impossible to obtain a passport. This is then also considered proof.
You will not be able to provide proof yourself. The embassies will not do this either. It is possible that you can go through the entire process with legal support from Migrando and that Migrando can provide documentary evidence that it is not possible to obtain a passport from the embassy in your home country. This will then also serve as proof that you can present.
Section 3 of the Residence Act clearly states that Clarification of identity must be accompanied by a valid passport or a valid passport document. If it is not possible to obtain a passport, valid passport replacement documents are also valid. These are recognized as passport substitutes.
Birth certificates, identity cards, in the case of Afghanistan the Tazkira (personal document for registration), driving licenses or marriage certificates are recognized as passport substitutes. It is important that these documents are valid and show your nationality and date of birth.
If you can prove that it is impossible or unreasonable to obtain a passport and that the same problem exists with an alternative passport replacement, then you will need proof. This proof must document precisely that it is impossible to obtain a passport or a replacement passport. Such proof can be provided, for example, by documentation from Migrando and proof from Migrando.
