LEA Berlin: Can Russian deserters in Berlin obtain a travel document for foreigners?

Global mobility faces major legal and ethical challenges. While Germany is desperately seeking highly qualified workers, While the EU is recruiting skilled workers from all over the world and attempting to facilitate corporate immigration through new laws like the Skilled Immigration Act, the reality for Russian citizens often hits an invisible but massive wall. It's about... Skilled workers , engineers or IT specialists who have been working here for a long time, but whose Passports are expiring, and they are refusing to return to their home countries for renewal – out of fear of being drafted into the illegal war of aggression against Ukraine. In our consultations as a law firm, we are increasingly seeing affected expats and their employers facing the existential question: Is there a German passport replacement available , or are they at risk of losing their work permit?

The legal hurdle: The principle of mandatory passports

German immigration law generally adheres to the strict principle of passport requirements according to Section 3 of the Residence Act (AufenthG) . A foreigner may only enter or reside in Germany if they possess a recognized and valid passport . Possesses a passport or passport substitute . For highly qualified academics with a EU Blue Card or one For skilled workers ( § 18b AufenthG ), this is usually not a problem as long as relations with their home country remain intact. However, for Russian deserters and conscientious objectors, the path to the consulate is blocked. Anyone evading conscription risks immediate arrest or at least confiscation of their documents upon entering Russian soil or diplomatic missions. Passports . In this situation, the travel document for foreigners according to § 5 of the Residence Ordinance (AufenthV) comes into focus. This can be issued if a foreigner can demonstrably prove that they do not possess a valid passport. possesses a passport from his country of origin and cannot obtain it in a reasonable manner.

The restrictive practices of the authorities and the security concerns

Insider reports from the The State Office for Immigration (LEA), however, paints a sobering picture of current administrative practice. Despite the obvious danger to life and limb upon return to Russia, the authorities are extremely restrictive regarding travel documents for deserters – including those from Belarus . The administration's argument follows a hard line: almost without exception, they refer to the initiation of an asylum procedure. LEA primarily justifies this with security concerns . They maintain that a thorough examination of the reasons for fleeing and the individual can only be carried out by the Federal Office for Migration and Refugees (BAMF) within the framework of an asylum application. We strongly criticize this practice , as it deprives highly qualified personnel of the opportunity to conduct a thorough examination of the applicant's circumstances. Skilled workers who are already fully integrated and have a Possessing a residence permit for the purpose of employment places individuals in a system designed for entirely different categories of cases. The authorities argue that holders of a Those who obtain a residence permit through an asylum procedure have "nothing to lose" since their status remains unaffected during the process. This overlooks the fact that an asylum application can represent a significant psychological burden and stigmatization in the professional environment for many expats.

Berlin Administrative Court ruling: A glimmer of hope for deserters

The authorities' hardline stance is all the more incomprehensible when one considers current case law. The Berlin Administrative Court has already established in landmark rulings that Russian deserters may, under certain conditions, be entitled to subsidiary protection under Section 4 of the Asylum Act . If a If a skilled worker can credibly demonstrate that they face punishment upon return for refusing military service, which, in the context of a war in violation of international law, constitutes political persecution or inhuman treatment, then protected status is legally mandated. This judicial trend should actually lead to the... Immigration authorities should act more leniently when assessing the "unreasonableness" of obtaining a passport (§ 5 para. 1 of the Residence Ordinance) . Instead, the responsibility is being shifted to the Federal Office for Migration and Refugees (BAMF) , which further strains the already overburdened structures and counteracts the digitalization of migration administration and the efficiency of international recruiting. That such a... The court's recognition of the need for protection underlines the necessity for a legal proceedings in case of rejection by the Berlin Immigration Office .

The consequences for employers and corporate immigration

For HR departments and companies employing international young professionals, this bureaucratic obstruction is a competitive disadvantage. If a valued employee suddenly finds themselves without a valid ID, they face significant challenges. If a passport entry is invalid, not only does international travel become impossible, but massive legal uncertainty arises regarding the continuation of the employment relationship. It's paradoxical: the federal government emphasizes the shortage of skilled workers as the biggest obstacle to growth, yet administrative practice deals with precisely this issue. Skilled workers facing a moral dilemma are treated as a security risk. Denying travel documents to foreigners without compelling reasons is short-sighted in migration policy. We urgently advocate for a more pragmatic application of Section 5 of the Residence Ordinance to ensure the global mobility of academics who have chosen to live in freedom and work in Germany instead of participating in war. A stable The employment contract should be recognized as the foundation for integration.

Conclusion

In summary, it can be stated that Russian deserters in Germany have good chances of legal protection from the Although the court has ruled, the path to a German travel document remains arduous. The rigid requirement by immigration authorities to go through the asylum process is problematic for many. Skilled workers and their employers face an obstacle that hinders integration. It remains to be seen whether policymakers will adjust their approach to reconcile the ideals of a modern immigration country with the realities faced by security authorities.

How Visaguard can help you

As a specialized law firm for visa law, we support Russian We help skilled workers , expats, and companies overcome the hurdles of passportlessness. We handle the necessary correspondence with the Immigration authorities check the requirements for a travel document for foreigners and, if necessary, accompany you through a process. Legal proceedings to obtain protected status in order to secure your professional future in Germany.