I am a refugee - naturalization authority requires passport from my home country

Clarification of identity during naturalization

Why the authorities ask for a passport

A mandatory requirement for any naturalization is that your identity and nationality are clarified. The authorities therefore need to know for sure who you are, what your name is and when and where you were born. The easiest way to provide this proof is usually to present a valid national passport from your home country.

Does this also apply to refugees?

Yes, in principle, recognized refugees must also prove their identity. Recognition as a refugee does not generally exempt you from this obligation. However, the authorities understand that there are particular difficulties for people seeking protection.

The principle of reasonableness

The special principle of reasonableness applies to recognized refugees. This means that the authorities can only require you to provide evidence that you can reasonably be expected to provide. It is unreasonable for recognized refugees to contact the authorities of the country from which they have fled. This means that you do not have to go to the embassy of your home country to apply for a passport if this would put yourself or your relatives in danger.

Alternative ways to prove identity

If obtaining a passport from the home country is unreasonable, there is a multi-stage system for proving identity in other ways.

The step-by-step model for identity clarification

Case law has developed a step-by-step model that specifies how the authorities must proceed in such cases. The authorities cannot simply say that it is not possible without a passport, but must go through the next stages of the check together with you.

Level 1: Official documents

The first step is to check whether you are in possession of official documents from your home country. In addition to a national passport, these include, for example:

• Birth certificates
• Baptism certificates
• Marriage certificates
• Driving licenses
• Registration certificates
• School certificates

Documents with a photograph are more meaningful.

Level 2: Other evidence

If you do not have such official documents or it is unreasonable to expect you to obtain them, other evidence must be admitted. The authority may not simply reject your application. Admissible other means of evidence are, for example

• Unofficial certificates or documents that can confirm your details.
• Witness statements from persons who can confirm your identity.

Stage 3: The overall assessment of your information

If no evidence can be provided at the second stage either, because it is objectively impossible or subjectively unreasonable, there is a final stage. In this case, your identity may exceptionally be considered proven if your own statements are conclusive and credible. The authorities must then carry out a comprehensive overall assessment of all the circumstances and may come to the conclusion that your identity has been established on this basis.

Practical implementation and facilitation of evidence

What does this mean for you in practice?

For you, this means that you must actively participate in the procedure, but only to the extent possible and reasonable. If the authorities demand a passport, you should explain your situation as a recognized refugee and explain why it is unreasonable for you to obtain it. At the same time, you should present any other documents or evidence you have that can prove your identity.

Special regulations in the federal states

Some federal states have issued special decrees for certain groups of refugees, for whom it is notoriously difficult to obtain documents, which make it easier for the authorities to deal with them.

Affidavits from relatives

In Hesse and Schleswig-Holstein, for example, it is possible for Somali nationals to prove their identity by means of an affidavit from close relatives whose own identity has already been established beyond doubt.

Your role in the proceedings

The duty to cooperate

Even if you do not have to present a passport, you have a duty to cooperate in the procedure. This means that you must provide the authorities with all the information and documents you have and help to clarify your identity. You should present your personal history and data as accurately and consistently as possible.

Limits of the duty to cooperate

Your duty to cooperate ends where it becomes unreasonable for you. You do not have to take any action that could endanger you or your family. The authorities are obliged to take this into account.

The importance of the refugee passport

Recognized refugees in Germany often receive a travel document for refugees, the so-called "blue passport". This passport allows you to travel, but is not always full proof of identity in the naturalization process. This is especially true if there is a note in the passport stating that the personal details are based on your own information. If there is no such note, the passport can serve as refutable proof that your identity is correct.