§ 78a AufenthG: Forms for Residence Titles in Exceptional Cases, Identity Document Substitutes and Certificates

Forms for residence titles in exceptional cases, for the replacement identity document, and for certificates

This section sets out how certain official forms must look. Such a form is called a Vordruckmuster (standard form template). This is a uniform official form. Below, it is simply called a "form".

Special form for residence titles in exceptional cases

This is about certain residence titles under Section 4(1) sentence 2 numbers 2 to 4. For these residence titles, the authority can use a special, uniform form. This is an exception to the normal rule in Section 78. The authority decides on a case-by-case basis whether to use the special form.

The authority may use the special form only in one specific case. The case is: an exceptional hardship should be avoided. And your residence title should therefore be extended by no more than one month. Only if both of these things apply may the authority use the special form.

The form must contain this information:

• Name and given name of the holder
• Validity period
• Place and date of issue
• Type of residence title or right of residence
• The issuing authority
• Serial number of the associated passport or passport replacement document
• Remarks
• A photograph

The form must also state that it is being issued as an exceptional case.

Machine-readable zone

The special form must have a machine-readable zone. This is an area that machines can read automatically. This zone must contain the following information:

• Name and given name
• Date of birth
• Sex, using the letter "F" for women, "M" for men, and the symbol "<" for all other cases
• Nationality
• Type of residence title
• Serial number of the form
• The issuing state
• Validity period
• Check digits
• Blank spaces

If you have changed your sex under Section 45b of the Civil Status Act (Personenstandsgesetz), you can submit an application. Then the authority can additionally note your former sex in this zone. This is only possible if your former sex was male or female. This additional note has no further legal effect. This means: the note does not change anything about your rights.

Use of the data by authorities

Public bodies can use the data from this machine-readable zone. They may only process the data to fulfil their legal tasks.

Form for the replacement identity document

There is also a uniform form for the replacement identity document. This form must contain a serial number and a machine-readable zone.

The form can also contain the following information: the name of the issuing authority, place and date of issue, period of validity or validity period, name and given name of the holder, residence status, and ancillary provisions. In addition, the form can contain the following personal information about you:

• Date and place of birth
• Nationality
• Sex, using the letter "F" for women, "M" for men, and "X" for all other cases
• Height
• Eye colour
• Address
• A photograph
• Your own handwritten signature
• Two fingerprints
• A note that your personal details are based on your own statements

If fingerprints are collected, they must be encrypted. This encryption must comply with the security rules in Articles 24, 25 and 32 of Regulation (EU) 2016/679. This is a data protection rule in the European Union. The encrypted fingerprints must be stored on an electronic storage and processing medium in the replacement identity document. The same applies if photographs are stored in electronic form.

The rules on the machine-readable zone and on use by authorities apply accordingly to the replacement identity document. Section 78(1) sentence 4 remains unaffected by this. This means: that other rule continues to apply in addition.

Form for certificates

This is about the certificates under Section 60a(4) and Section 81(5). These certificates are issued using a uniform form. The authority must use this form. The form must contain a serial number and the number from the Central Register of Foreign Nationals (AZR number). The form can additionally have a machine-readable zone.

In addition to the permission under Section 81(5a), the certificate may only contain the personal information listed above. It may additionally contain a note that this certificate does not fulfil the passport requirement. This means: the certificate does not replace a passport. The rules on the machine-readable zone and on use by authorities also apply accordingly to these certificates.