Renew blue card without Passport

Question

I have a blue card that will expire in a week so does my passport. My country consular service/embassy is painfully slow and even though they say they will send my new passport with post, I am terribly worried it might not arrive on time. I have an appointment with Stadthaus to renew my Blue card and have all the other documents except this passport. If I don't have the new passport on the day of the appointment what will happen? I am sure the passport will come but there might be max 5 - 6 days of delay. Are they going to ask me to leave Germany? Will I be fined or kept in custody? If they ask me to leave on the same day, judging by the situation of my home country, it will take me a long time to be able to get an entry permit to come back and financial loss and gap in Blue card will be devastating for my family in Germany. Could anyone please comment what will happen? I am really stressed right now, not knowing what is waiting for me.

PS. Please don't ask why I waited so long for renewal. I renewed it 3 months ago but when it arrived, it had a major error. I ended up sending it back and asked them to issue a new one.

Answer 1

I really have no idea how high the risk is but I would still recommend hiring a lawyer both to understand your options and to have someone available to call and to fight any adverse decision. You will need to pay them for that advice.

No matter what happens, you shouldn't be physically removed before having an opportunity to appeal and a competent lawyer may find ways to delay the application or reverse the initial decision if need be (giving you cover for the days until your passport arrives). On the other hand, if Germany would in fact seek your removal, the German authorities would approach your country's consulate directly to ensure your admission, not having a passport or entry permit wouldn't necessarily protect you.

It may all be completely unnecessary in the end (I really don't know) but I think your main concern here should be that any gap may make it legally impossible to resume work or regain your status. The risk of being held on the spot and removed seems remote and the financial loss for a few days off work or any fine you may incur are actually small compared to permanently losing your job.

An ideal outcome would be some sort of adjournment of your application and getting a delay or new appointment to present additional documents (namely your passport). As long as the application for renewal is still under consideration as opposed to having been formally rejected, you should be fine. I have no idea whether that's common or possible under German law and practice.

Answer 2

If I don't have the new passport on the day of the appointment what will happen?

I renewed it 3 months ago but when it arrived, it had a major error. I ended up sending it back and asked them to issue a new one.

They will ask you what efforts you have made to get your passport renewed.

You should write a simple letter explaining the situation (date of the two applications and the reason why the first passport was faulty). If you have any receipts from the applications, add copies of them to the letter. Try to give them a realistic date when the passport is expected to arrive.

Give them this letter together with your other documents during your appointment.

After processing your other documents, they will probably give you a new appointment where you then will only have to show your new passport.

With the new appointment, your residence permit is considered to be extended until the new date.

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§ 81 (4) - (AufenthG)
If a foreigner applies for an extension of his or her residence title or for a different residence title before his or her current residence title expires, the current residence title is deemed to remain in force from the time it expires until the time of the decision by the foreigners authority.