I'm an Egyptian married to a German, same-sex marriage. I cannot renew my passport at the embassy because I have reached the age of compulsory military. My residency ID in Germany expires with my passport, next year. And we cannot find a way to avoid the issue of me being forced to leave. It is dangerous for me to be admitted into the military in Egypt as a gay man or even return there. We don't know what to do. Is there anything we can do? We asked at the townhall if it is possible to have an ID with a validity that exceeds or not tied to the validity of my passport, but the answer we got was no.

  • What Visa did you apply for to get residency in Germany? Residency should be tied to your Visa, not to the validity of your passport (obviously it needs to be valid when you apply and it needs to be valid all time because residency is no ID, you always need a valid ID with your residency). It seems fishy that you'd only get a one-year residency permit, but then we don't know what you applied for. – nvoigt Jan 25 '17 at 16:23
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    Why won't your embassy issue you a new passport? What will happen if you go there, will they snatch you and secretly fly you to Egypt? Did you ask them? What would happen if you simply lost your passport now? – nvoigt Jan 25 '17 at 16:24
  • @nvoigt I applied for a family reunion visa and I registered in Germany and received a, aufenthaltestitel, or a temporary residence for one year. As for the embassy, I was told that I have to return back to Egypt so that I go through the admission and medical process and then wait for a decision by the military if I got exempted or not and til the decision comes, I'm not allowed to leave the country. – Aebe Jan 25 '17 at 16:31
  • @nvoigt I think I didn't explain my situation correctly. My German ID was issued for one year and it is tied to the validity of my passport. – Aebe Jan 25 '17 at 16:35
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    It sounds to me like you should claim asylum based on your fear of persecution in the Egypt, coupled with your inability to get an Egyptian passport without exposing yourself to that possible persecution. That would allow you to get a travel document from the German government. You should definitely talk to an immigration lawyer with experience in asylum claims. – phoog Jan 25 '17 at 19:18

I have never heard of being issued a shortened Aufenthaltstitel for Familienzusammenführung because your passport is not valid for the whole duration. That seems fishy.

However, that is not really your problem. Your problem is that you need a valid national passport from your home country at all times accompanying your residency permit. The residency permit, although it looks a lot like one, is no German ID and it does not replace the need for you to have an ID with you. Even if your residency title was for 3 years, you'd still be in trouble without your valid native ID.

I cannot say anything about how to get a new Egyptian passport.

Familienzusammenführung assumes you have a valid ID. If you cannot get one, you should definitely get a specialized lawyer.

  • "is no German ID and it does not replace the need for you to have an ID with you" I believe that it is possible to get a travel document for foreigners (Reiseausweis für Ausländer) for people who have a residence permit and cannot get a passport. – user102008 Jan 25 '17 at 17:20
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    @user102008 The law to get such a thing lists compulsory military service in the original country as "zumutbar". You'll need a good lawyer, by default military service in your home country is no reason that you'd get a "Reiseausweis für Ausländer". – nvoigt Jan 25 '17 at 17:24
  • But a well-founded fear of persecution because of membership in a particular social group is grounds for an asylum claim. – phoog Jan 25 '17 at 19:16
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    @phoog Absolutely, but that set of laws is a jungle even worse than Familienzusammenführung. Don't do that without a lawyer. – nvoigt Jan 26 '17 at 8:00

I don't understand this. As a spouse of an EU citizen, you have the right of abode in the EU, in the same country where your spouse is living and working.

It seems you need the assistance of an immigration lawyer.

  • Yes, I was issued a residency for one year because my passport expires in one year. And I cannot renew my passport because of the compulsory military. And according to them, I need a valid passport to be able to renew my residency next year. – Aebe Jan 25 '17 at 15:38
  • The right of residence outlined in directive 2004/38/EC applies "to family members in possession of a valid passport who are not nationals of a Member State" (Article 6(2), emphasis added). The article 7 right of residence less clearly depends on possession of a passport, but an argument can certainly be made that it does. – phoog Jan 25 '17 at 19:13

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