LEA Berlin: Do Afghans need a passport for residency and naturalization?

The German migration administration is currently facing a critical test. While politicians loudly debate the recruitment of IT specialists from India or engineers from South America, the reality of corporate immigration often falters over mundane document issues. In our legal practice, we are increasingly seeing Afghan nationals encountering bureaucratic hurdles when it comes to extending their residency permits. Obtaining a residence permit or the long-awaited naturalization is possible. The main obstacle is almost always the passport requirement according to Section 3 Paragraph 1 of the German Residence Act (AufenthG ). The Berlin State Office for Immigration (LEA) has now clarified the requirements for cooperation obligations with updated guidelines. In a time of acute skilled labor shortages, this is particularly important for employers and foreign nationals. Experts are essential to understand the intricacies of these regulations in order not to jeopardize one's legal status in the country.

The relentless passport requirement and the obligation to cooperate

In Germany, the principle is: No stay without a valid identity document. This obligation is unambiguously enshrined in Section 3 Paragraph 1 of the Residence Act. Anyone without a valid Anyone who possesses a passport or passport substitute is legally obligated under German law to cooperate in obtaining such a document. We often observe that clients underestimate the complexity of this obligation to cooperate . Simply pointing to the difficult political situation in their country of origin is insufficient. The Berlin State Office for Immigration emphasizes in its latest information that applications for passports must be submitted to the relevant authorities in the applicant's country of origin, both domestically and abroad. Specifically, this means a personal appearance at the Afghan embassy or consulate general. For highly qualified professionals whose focus is on their career performance, this bureaucratic burden often represents an enormous strain, which in the worst-case scenario can threaten their job security.

The Tazkira as a key to clarifying identity

A key aspect that often leads to delays in practice is proof of citizenship. Simply presenting an old, invalid passport is insufficient. Passports are usually no longer sufficient for the authorities. The Tazkira , the standard identity document in Afghanistan, is central to Afghan identity verification . LEA clarifies that any citizen is, in principle, eligible to apply for such a Tazkira. However, we see a significant discrepancy between the administrative requirement and its practical implementation. While the Tazkira must be authenticated by the Afghan Ministry of Foreign Affairs, the process is often fraught for someone working as a software developer in Berlin. The fact that the application process also includes fingerprinting demonstrates the extensive nature of the personal identification requirements. For global mobility managers in companies, this means they must allow considerably more time for document verification when dealing with Afghan employees.

Between reasonableness and legal support

A critical point in the current debate surrounding the digitalization of migration administration is the efficiency of the processes. If document procurement has to be carried out in Afghanistan itself, the question of reasonableness often arises. The State Office for Immigration (LEA) points out that, in addition to trusted individuals such as relatives, local lawyers can also be engaged. For this purpose, the Afghan Embassy in Berlin or the Consulate General in Munich can issue the necessary power of attorney after a personal consultation. We consider these references to private assistance somewhat problematic, as they shift the state's responsibility for functioning processes onto the individual. Nevertheless, this is often the only way to obtain the necessary personal status documents. Skilled workers and expats should be aware that the State Office for Immigration has jurisdiction over the application for a For passports , passport substitutes, or the Tazkira, a formal certificate from the Afghan authorities is required. Without this proof of effort, there are serious consequences for residency status.

Its significance for naturalization and long-term residence

Especially in the case of naturalization , which has become more attractive for many due to the recent reform of citizenship law, the Pass through the bottleneck. Identity verification is the absolute prerequisite for acquiring German citizenship . Anyone who cannot present a complete and unbroken documentary history often faces years of delays. LEA Berlin refers applicants to the embassies' websites for the specific application documents, but the information there is not always up-to-date with German administrative practice. For Afghans, it is therefore essential to view obtaining a passport not as a bothersome chore, but as a strategic part of their career planning in Germany . While LEA states that a transit passport is sufficient for a single departure if there is an obligation to leave the country, the goal for skilled workers working here is understandably to remain permanently.

Conclusion: Proactive action is essential

In summary, the requirements for Afghan nationals to obtain a passport are strictly enforced by the Berlin authorities. The obligation to cooperate is a significant hurdle that goes far beyond simply filling out forms. While we welcome the clear communication from the LEA (State Office for Immigration and Asylum) through the new information sheets, we criticize the fact that practical support for highly qualified immigrants in this process is often insufficient. Anyone in Germany as Skilled workers who want to gain a foothold or become naturalized should never underestimate the " passport " factor.