Can Ukrainians obtain a travel document for foreigners?

The dream of the Naturalization or the consolidation of residency in Germany is a challenge for many highly educated people. Skilled workers , expats, and long-term residents are within easy reach. But suddenly the process stalls because the passport from their home country has expired or a new Ukrainian one has been issued. A passport cannot be issued. If the home authorities require you to travel to Ukraine in person for documents such as a Ukrainian ID card. Those who wish to travel to Ukraine face an existential dilemma: Returning home carries the significant risk of being denied departure due to military regulations or official restrictions. This not only threatens separation from The challenges include balancing family and career in Germany, as well as the standstill of the entire process. In this deadlocked situation, the crucial question arises whether German authorities are obligated to issue a German travel document to foreigners.

When are German authorities obliged to issue a travel document?

In principle, German immigration law is based on the passport principle according to Section 3 of the Residence Act (AufenthG ). Accordingly, foreigners are required to possess a valid passport. to possess a passport from their country of origin. However, there are legally enshrined exceptions if obtaining a passport from their country of origin is impossible or unreasonable. According to Section 5 Paragraph 1 of the Residence Ordinance (AufenthV), a foreigner who demonstrably does not possess a passport from their country of origin may be granted asylum. If someone possesses a passport and cannot obtain it in a reasonable manner, a travel document for foreigners (so-called grey passport) will be issued.

For administrative practice, the assessment of what is reasonable is crucial. Entry into the country of origin is legally unreasonable if it involves unacceptable risks to life, limb, or personal freedom, or if insurmountable legal obstacles prevent re-entry. If consulates abroad refuse applications and the necessity of returning home with a potential ban on entry looms, this constitutes both legal and factual unreasonableness under Section 5 Paragraph 1 of the German Residence Ordinance (AufenthV) .

Why do immigration authorities often block the issuance of travel documents?

In practice, there are significant differences between individual cities and federal states. While progressive immigration authorities – such as those in Frankfurt am Main, Düsseldorf, or Karlsruhe – recognize the undue hardship faced by Ukrainian nationals and pragmatically issue travel documents, other authorities, such as the The Dresden immigration office is accused of excessive cooperation. Officials often request further documentation of efforts made with the applicant's home country authorities in a formulaic manner, or erroneously claim that deportation to the country is not possible. Ukraine is acceptable.

From our daily practice as a law firm, we know that simply waiting or submitting standard applications without legal pressure rarely leads to success. Authorities tend to apply the strictest possible interpretation of the duty to cooperate as long as no substantiated legal arguments are presented. Anyone who approaches the authorities without specialized representation... If the immigration authorities object, they risk lengthy delays or a formal rejection.

Is it possible to apply for naturalization without a valid Ukrainian passport?

A particularly critical point concerns the naturalization procedure according to Section 10 of the Nationality Act (StAG) . For the For naturalization, identity verification is of central importance. Even if the applicant possesses a Ukrainian internal passport or an old passport, this is not sufficient. passport , but does not receive a new one If a passport is obtained from the consulates without prior return home for the purpose of applying for an ID card, the procedure according to § 10 StAG often stalls.

We regularly handle cases where clients have lived in Germany since their youth and hold a permanent residence permit. If their identity is unequivocally established by a Ukrainian internal passport, the naturalization process must not fail due to the impossibility of obtaining a passport. If obtaining a passport is unreasonable, the authorities must waive the requirement or accept alternative documents.

How do we enforce your claim to a travel document?

To limit the discretionary scope of the To influence the immigration authorities in your favor, we will comprehensively document the objective impossibility of obtaining a passport. We will provide the authorities with detailed evidence of consular practice and the unreasonableness of entry into the country. Ukraine . Should the If the immigration authority refuses to issue the document or delays the procedure without taking action, we will immediately initiate administrative and judicial steps, such as an application for preliminary legal protection under Section 123 of the Administrative Court Procedure Act (VwGO) or an action for failure to act under Section 75 of the Administrative Court Procedure Act (VwGO) .

Employers and HR departments that are international Employers of skilled workers face the challenge of securing their employees' residency status. Through our targeted legal representation, we prevent impending employment bans and safeguard the legal mobility of qualified employees.

Conclusion

Ukrainians can obtain a travel document for foreigners in accordance with Section 5 Paragraph 1 of the Residence Ordinance if obtaining a Ukrainian passport would only be possible through an unreasonable entry into the country. Ukraine would be possible. Since many immigration authorities initially reject applications or demand unreasonable amounts of evidence, sound legal arguments are essential. As a specialized law firm, we enforce your rights against the authorities and secure your stay and your Naturalization is legally secure.