Passport requirement and identity clarification
All information for foreigners on passport requirements and identity verification in Germany.
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Here you learn ...
what the passport requirement is and when it is considered fulfilled
what happens to your residence permit when your passport expires
what a passport replacement is and how to get one
what you can do if no identity documents exist
Table of contents
1. Passport requirement in Germany
2. Pass expiry during the stay
3. What counts as a passport replacement?
4. Identity clarification without identity documents
5. FAQ
6. Conclusion on the passport requirement
1. Passport requirement in Germany
Foreigners may only enter or stay in Germany if they possess a recognized and valid passport or passport substitute (unless they are exempt from the passport requirement; Section 3 of the Residence Act ). Foreigners also fulfill the passport requirement for residence in Germany by possessing an identity document substitute. The passport requirement is not only a prerequisite for entry under Schengen law (see Article 6, Paragraph 1 of the Schengen Borders Code ), but is generally also a prerequisite for issuing a residence permit (see Section 5, Paragraph 1, No. 4 of the Residence Act ). Violations of the passport requirement may constitute an administrative offense (see Section 95, Paragraph 1, No. 1 of the Residence Act ).
The passport requirement primarily serves to secure a person's identity . This involves not only establishing name, date of birth, and country of origin, but also determining nationality. Because securing identity always includes nationality, which is a key criterion for the residence permit classification and jurisdiction of the immigration authorities. If no passport is available, identity and nationality must be proven through other means.
2. Pass expiry during the stay
If your passport expires during your stay in Germany , this does not mean that your residence permit will automatically expire. However, the lack of a passport can be grounds for revoking your residence permit (see Section 52, Paragraph 1, Sentence 1, No. 1 of the Residence Act ). The formal validity of a residence permit is often limited to the expiry date of the passport. This does not mean, however, that the residence permit is only valid until the expiry date of the passport; rather, it is only a formal validity date . The actual expiry date of the residence permit is usually noted on the back of the plastic card (“Title valid until DD.MM.YYYY”). All you need to do is renew your passport and submit this new passport to the immigration authorities. The immigration authorities will then issue a new plastic card (so-called transfer of the residence permit) without re-examining the requirements of the residence permit.
If you are unable to apply for a new passport (e.g. because you are being persecuted in your home country or because there is a war in your home country), you must obtain a passport replacement or a travel document for foreigners . A foreigner who can prove that he or she does not have a passport or passport replacement and cannot reasonably obtain one can be issued a travel document for foreigners ( Section 5 of the Residence Ordinance ). However, the German authorities are very restrictive when it comes to issuing travel documents for foreigners, as issuing them is viewed as an interference with the sovereignty of the respective home country under international law. You must therefore provide comprehensible reasons why you cannot renew your passport and why you are also unable to obtain a passport replacement if you want to apply for a travel document for foreigners.
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3. What counts as a passport replacement?
A passport substitute is an official document that allows people without a regular passport to cross borders legally. It can be used in conjunction with a visa or residence permit to cross borders. While it does not completely replace a passport, it fulfills many comparable functions. However, to be valid, passport substitute documents must be recognized in Germany .
According to Section 4 of the Residence Ordinance, the following documents are recognized as passport replacement documents in Germany:
Travel document for foreigners
Emergency travel document
Travel document for refugees
Travel document for stateless persons
Student collection list
Certificate of change of residence
European travel document for return
Passport replacement documents can be issued with a note stating that the personal data is based on the applicant's own statements. A passport replacement for foreign nationals is generally revoked if the conditions for its issuance are no longer met. It must be revoked if the foreign national is required to return the passport due to special regulations and the return is not made immediately.
4. Identity clarification without identity documents
In some cases, there are no identity documents at all (i.e., neither a passport, a passport substitute, nor identity documents from the country of origin). This is particularly problematic for naturalization . However, the Federal Administrative Court has ruled that naturalization is possible even without official identification documents , provided the applicant's identity can be reliably established by other means ( Federal Administrative Court, judgment of September 23, 2020 - 1 C 36.19 ). In the underlying case, a Tibetan nun who had never held any official identity documents applied for naturalization. The lower courts had rejected naturalization because neither a passport nor a recognized passport substitute had been presented. However, the Federal Administrative Court clarified that in cases where objective evidence is lacking, a gradual expansion of the admissible means of proof must be made – up to and including the consideration of credible personal information if other evidence is not available or cannot be obtained.
According to the ruling, identity can also be proven through other suitable official documents or witness statements if the presentation of a passport is unreasonable. In exceptional cases, even a credible and coherent statement by the applicant alone may be sufficient to establish the necessary conviction regarding identity. However, it should be noted that the Federal Administrative Court requires a graduated process of verifying identity. Only when it is clear that obtaining a passport or other photo ID is impossible or unreasonable can the naturalization applicant(s) resort to alternative means of proof to verify identity.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
5. FAQ
What does the passport requirement mean in German residence law?
The passport requirement requires that foreign nationals may only stay in Germany with a valid passport or a recognized passport substitute (Section 3 of the Residence Act). It is a prerequisite for entry and residence and also applies to the granting or extension of a residence permit (Section 5 (1) No. 4 of the Residence Act).
What happens if my passport expires while I am in Germany?
An expired passport does not automatically invalidate your residence permit. However, you must renew your passport and present it to the immigration authorities. The residence permit will then be transferred to a new plastic card – without re-examination of the requirements (Section 52 (1) Sentence 1 No. 1 of the Residence Act).
What can I do if I cannot obtain a passport?
If obtaining a passport is unreasonable (e.g., due to war or persecution), a travel document for foreigners can be applied for (Section 5 of the Residence Ordinance). However, concrete evidence must be provided that no passport or passport substitute can reasonably be obtained.
Can I become a citizen without a passport?
Yes, this is possible in exceptional cases. If no official identification documents exist and objective evidence is lacking, identity can also be established through other evidence or credible personal information (Federal Administrative Court, judgment of September 23, 2020 – 1 C 36.19).
6. Conclusion
The passport requirement is a central element of German residence law and serves to safeguard the identity and nationality of foreign nationals (Section 3 of the Residence Act). It is not only a prerequisite for entry, but generally also for the issuance and continued validity of a residence permit (Section 5 (1) No. 4, Section 52 (1) of the Residence Act). If a passport expires during a stay, the residence permit generally remains valid but must be formally transferred with a new plastic card. If obtaining a passport is unreasonable, for example due to war or persecution, a passport substitute such as a travel document for foreign nationals can be applied for (Section 5 of the Residence Ordinance), although the requirements are stringent. In exceptional cases, even without identification documents, identity can be established through other credible evidence or personal information – for example, in the context of a naturalization procedure (Federal Administrative Court, judgment of September 23, 2020 – 1 C 36.19).
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List of sources
[1] Klaus/Wittmann, Residence Ordinance (AufenthV), 1st edition 2022
[2] Hornung/Möller, Passport Act – Identity Card Act, 2011
[3] Visa Handbook, Travel Document for Foreigners, 77th Supplement, as of October 2023
