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I'm a holder of EU Blue Card issued in Germany, my passport expired and couldn't renew it due to embassy closure because of COVID. I need to travel to Prague, Czech Republic to renew the passport. Is it possible to use the expired passport along with the blue card as a proof of identity if needed?

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    This question belongs to Expatriates Stack Exchange. – Mark Johnson Dec 20 '20 at 4:34
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From the information you've given, it seems you don't have much choice. Because of the reason for your late application, you're extremely unlikely to get into any trouble even if you might strictly speaking be violating some requirement or other. If you have any e-mail messages or other evidence showing that passport services were or are unavailable, you might bring that along just to be on the safe side, but it probably won't be necessary.

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    But note that if traveling by bus or plane, the transport company will likely refuse you boarding due to having an expired document. By train or by car should work. – JonathanReez Dec 20 '20 at 2:24
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No, for crossing an internal Schengen border a valid travel document is required. Neither an expired passport or residence permit fullfills this condition.

Only under exceptional circumstances will a country issue a passport to a 3rd country national.

In Germany, to my knowledge, the exceptions are still in place that expired visas, residence permits and passports are automatically renewed during the present pandemic.

I would therefore advice you to get a letter from your embassy that states:

  • that the issuing in Germany is not possible
  • personal presence in the Czech Republic is required
  • applications are presently are not being accepted

Such a letter should to be addressed to the responsible Immigration office in Germany.

Based on such a letter a travel document for foreign nationals would probably be issued. Togeather with the residence permit card, it would be valid to enter the Czech Republic and to return back to Germany.

Normally, such an application should be made before the present passport expires.


Sources:

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    Requirements for crossing internal Schengen borders are set in national law. There is no general requirement that you need a valid travel document to cross internal borders and although Germany requires one to cross its borders, many other Schengen countries do not. – jarnbjo Dec 22 '20 at 9:44
  • @Tor-EinarJarnbjo Schengen Border Code: Article 3 Scope: This Regulation shall apply to any person crossing the internal or external borders of Member States ; Article 6(1)(a): they are in possession of a valid travel document entitling the holder to cross the border – Mark Johnson Dec 22 '20 at 10:00
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    @MarkJohnson Article 6 only applies to external borders (cf. the names of the title and chapter). Internal borders are dealt with in title III (from article 22 onwards). Article 3 mentions both so that there is no ambiguity that the Borders code doesn't leave countries free to define arbitrary requirements for crossing internal borders (in particular nothing that goes beyond what's foreseen in article 23). In practice, of course, illegal checks have become common (e.g. at the border between France and Italy). – Relaxed Dec 22 '20 at 11:16
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    Incidentally, even for external borders, article 6(5) does open the possibility to make an exception for residence permit holders. If you want to keep that reference in your answer, you ought to mention that as well. That's not the only thing that's wrong with your answer but if you could at least correct that, it would be great. – Relaxed Dec 22 '20 at 11:21
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    @MarkJohnson As Relaxed already pointed out, you simply once again have shown how little you understand of the legal resources you are linking and referring to. Your addition to the answer, with quotes taken completely out of context, is not just misleading, but plain wrong. The 'border' referred to in article 6 is an external border. – jarnbjo Dec 22 '20 at 13:17

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