§ 3 AufenthG: Passport Requirement

This rule is called the "passport requirement".

If you want to enter Germany

You may only enter Germany if you have a valid and recognized passport.

Instead of a passport, a passport substitute is also enough.

If you want to stay in Germany

You may only stay in Germany if you have a valid and recognized passport.

Here too, a passport substitute is enough instead of a passport.

Exception through a legal ordinance

There is an exception to the passport requirement. A special rule can exempt you from it. This rule is called a "legal ordinance" (Rechtsverordnung).

Only if such a legal ordinance exempts you do you not need a passport.

An identity substitute for your stay

For staying in Germany, there is a third option: an identity substitute (Ausweisersatz).

If you have an identity substitute, you also fulfil the passport requirement with it.

This means: For your stay in Germany, the identity substitute is then also enough instead of a passport. You can find more about this in Section 48(2).

Exceptions in special individual cases

There is a special exception rule for individual cases.

A certain authority can allow exceptions to the passport requirement. This is the Federal Ministry of the Interior, Building and Community. Or a body that this Ministry has designated.

The authority can only allow this exception in justified individual cases.

This authority only grants this permission before you enter Germany.

The exception applies to crossing the border. And to the stay afterward.

This stay may last no more than six months.

Important: The authority decides for itself whether to allow the exception. This is discretion. You do not have a fixed legal entitlement to it.