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Both of my German permanent residence and my passport are valid. But, my passport is going to expire after one year. And If I understand correctly, my German permenet residence card's maximum validity is the same as my passport. I can't renew my passport until two years (one year after the expiration of permanent residence) from my embassy. That is because males can't renew their passports, from my embassy, until the final exemption from the military service which will be after two years for me.

I have a couple of questions:

  1. Is that's a problem to wait for renewing the permanent card after one year of its expiration date? That's considered only as a delay, right?
  2. Should I inform the Auslanderbehörde beforehand? Or just going after a year to renew my permanent residence?

I can't change the timeframe when I will be able to renew my passport. But I don't want to leave as well. Especially that I have the permanent residence card already. Please let me know your thoughts or the considered legal situation here as well.

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And If I understand correctly, my German permenet residence card's maximum validity is the same as my passport.

Note: the card will become invalid, your permanent residence status continues.

Should I inform the Auslanderbehörde beforehand?

You should definitely inform the responsible Ausländerbehörde before the passport expires.

That is because males can't renew their passports, from my embassy, until the final exemption from the military service which will be after two years for me.

Such situations are generally known by the Ausländerbehörde, so they will probably not be surprised.

You should make an appointment at least 6 months before the passport expires, informing them of the situation.

The result will probably be that they will issue a foreigners passport (travel document), if the conditions to obtain your national passport will be considered unreasonable.

  • see sample below

Travel document - Reissue
Prerequisites
Acquisition of a (national) passport must be unreasonable
A passport or substitute passport from the country of origin cannot provably be obtained in a reasonable manner. A reasonable manner constitutes in particular the timely application to the relevant authorities of the country of origin for the issuance or extension of the passport, and the payment of the fees stipulated for this.
...

§ 5(2) AufenthV lists reasons that are considered as reasonable efforts that the applicant must attempt:

(3) military service, unless its fulfillment is unreasonable for compelling reasons, and to fulfill other reasonable civic obligations.

So the avoiding of military service alone may not serve as a valid reason to be issued a Travel documents for foreigners.

So a person who has actually been called up to serve their military service may be treated differently than someone who may be be called up to a specific age (in Germany this was up to the age of 28/32 (§ 5(1)(2,3) WPflG) ).

For the latter case it is known that a Travel documents for foreigners has been issued, since to refuse the issuing of a passport for someone who might be called up was considered unreasonable.


Sources:

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  • Any evidence that wanting to evade military obligations is a valid reason to get a travel document from Germany? Are many of those issued to people who are neither refugees nor stateless? – Relaxed Jan 24 at 10:00
  • @Relaxed No. The fact that a country refuses to issue a new passport to it's citizen would be a valid reason to issue a travel document to somebody who is already a resident in Germany. – Mark Johnson Jan 24 at 15:52
  • They are not exactly refusing to issue passports in general, the OP doesn't want to ask because he hasn't fulfilled his military obligations. But maybe that's enough, just curious to have more specific information. – Relaxed Jan 24 at 18:52
  • @Relaxed The §§5-11 AufenthV relate to this question. Mainly: § 5 AufenthV. § 5(2) lists reasons that are considered as reasonable efforts that the applicant must attempt: (3) military service, unless its fulfillment is unreasonable for compelling reasons, and to fulfill other reasonable civic obligations. So the avoiding of military service alone may not serve as a valid reason to be issued a Travel documents for foreigners. – Mark Johnson Jan 25 at 9:46
  • Good find! You might want to edit your answer as it might create difficulties for the OP. – Relaxed Jan 25 at 9:47

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