What is an appendix C of the passport
General administrative regulation for the implementation of the Passport Act (passport administration regulation - PassVwV)
General administrative regulation for the implementation of the
Passport Act (Passport Administration Regulation - PassVwV)
From December 16, 2019
Reference: GMBl. 2020 No. 2/3, p. 24
According to Article 84 paragraph 2 and Article 86 sentence 1 of the Basic Law, the Federal Government issues the following general administrative regulation:
General administrative regulation for the implementation of the
Passport Act (Passport Administration Regulation - PassVwV)
Table of Contents
TO § 1 OBLIGATION TO PASS
§ 1 paragraph 1
1.1.1 Facts requiring a passport
1.1.2 Travel regulations of other EU member states and foreign countries
§ 1 paragraph 2
1.2.2 Children's passport
1.2.3 Temporary passport
1.2.4 Official passport
§ 1 paragraph 3
1.3.1 Basically only one pass
1.3.2 Passport replacement
§ 1 paragraph 4
1.4.1 Passport only for Germans within the meaning of Article 116 paragraph 1 GG
1.4.2 Passport remains the property of the Federal Republic of Germany
ON § 2 EXEMPTION FROM THE PASSPORT REQUIREMENT
§ 2 paragraph 1
2.1.1 Exemption from the passport requirement
2.1.2 Passport substitute papers (within the meaning of Section 7 PassV)
2.1.3 Official identity documents intended exclusively as a passport substitute
2.1.4 List of passport substitute documents
2.1.5 Applicability of the Passport Act to passport papers within the meaning of the Passport Ordinance
§ 2 paragraph 2
TO § 3 CROSSING THE BORDER
TO § 4 PASSPORT MODES
Preliminary remarks on § 4
§ 4 paragraph 1
4.1.1 Name entry (family name, maiden name)
4.1.2 First name (also patronymic, middle name and proper name)
4.1.3 Doctoral degree
4.1.4 Order and artist name
4.1.5 Entry of place and date of birth
4.1.8 Eye color
4.1.9 Place of residence
§ 4 paragraph 2
4.2.1 Country code in an official passport
§ 4 paragraph 3
4.3 Storage medium
§ 4 paragraph 4
4.4.0 Procedure for taking fingerprints
§ 4 paragraph 4a
4.4a Children's and children's passports
§ 4 paragraph 5
§ 4 paragraph 6
TO § 5 VALIDITY DURATION
§ 5 paragraph 1
§ 5 paragraph 3
§ 5 paragraph 4
5.4.1 Extension of the validity period of the children's passport
5.4.2 Photo in the child's passport
5.4.3 Update in the child's passport
5.4.4 Other stickers in the children's passport
§ 5 paragraph 5
ON § 6 ISSUE OF A PASSPORT
§ 6 paragraph 1
6.1.2 Application by persons for whom a supervisor has been appointed
6.1.3 Application for unmarried minors
§ 6 paragraph 2
6.2.0 Preliminary remark to § 6 paragraph 2
6.2.1 Creation of the application data record
6.2.2 Applying for a temporary passport
6.2.3 Applying for a child's passport
6.2.4 Existence of German citizenship / Germans i. S. d. Article 116 paragraph 1 GG
§ 6 paragraph 2a
§ 6 paragraph 3
6.3.1 Establishing Identity
6.3.2 Sending of the passports by the passport holder and keeping the passports in the passport authorities
6.3.3 Delivery of passports
6.3.4 Destruction of incorrect and invalid passports
§ 6 paragraph 4
ON § 6A FORM AND PROCEDURE OF PASSPORT DATA COLLECTION, CHECK AND TRANSMISSION
TO § 7 PASS REVOCATION
Preliminary remarks on § 7
§ 7 paragraph 1
7.1 Written administrative act on pass denial
7.1.1 Endangering internal and external security or other significant concerns of the Federal Republic of Germany
7.1.2 Law Enforcement
7.1.3 Narcotics Act (BtMG)
7.1.4 Tax Obligations
7.1.5 Maintenance obligation
7.1.6 Military service outside the Bundeswehr
7.1.8 Case of readiness or defense
7.1.9 Civilian Service Act (ZDG)
§ 7 paragraph 2
7.2 Limitation of the scope or the period of validity of a pass
§ 7 paragraph 3
§ 7 paragraph 4
ON § 8 PASSPORT WITHDRAWAL
ON § 9 STORAGE OF APPROPRIATE MEASURES
ON § 10 PROHIBITION OF EXIT
§ 10 paragraph 1
§ 10 paragraph 2
§ 10 paragraph 3
ON § 11 INVALIDITY
ON § 12 RECOVERY
§ 12 paragraph 1
§ 12 paragraph 2
§ 12 paragraph 3
ON § 13 SECURITY
§ 13 paragraph 1
§ 13 paragraph 2
TO § 14 IMMEDIATE ENFORCEMENT
ON § 15 OBLIGATIONS OF THE OWNER
ON § 16 DATA PROTECTION REGULATIONS
Preliminary remarks on § 16
Section 16 (2)
Section 16 (3)
Section 16 (4)
ON § 16A IDENTITY CHECK USING BIOMETRIC DATA
To § 17 AUTOMATIC REQUEST FROM FILES AND AUTOMATIC STORAGE IN THE PUBLIC AREA
ON § 18 USE IN THE NON-PUBLIC AREA
ON § 19 RESPONSIBILITY
Preliminary remarks on § 19
§ 19 paragraph 1
Section 19 (2)
Section 19 Paragraph 3
Section 19 Paragraph 4
ON § 20 FEES AND EXPENSES, AUTHORIZATION OF REGULATIONS
TO § 21 PASSPORT REGISTER
§ 21 paragraph 1
Section 21 (2)
§ 21 paragraph 3
§ 21 paragraph 4
ON § 22 PROCESSING AND USE OF THE DATA IN THE PASSPORT REGISTER
Preliminary remarks on § 22
Section 22 (1)
Section 22 (2)
Section 22 Paragraph 4
TO § 22A DATA TRANSFER AND AUTOMATED REQUEST OF LIGHT IMAGES
Section 22a (1)
Section 22a (2)
ON § 23 POWER TO INSTRUCT
TO SECTION 24 OFFENSES
TO § 25 MALFUNCTIONS
ON SECTION 26 FINE AUTHORITIES
- To 1
- Facts requiring a passportGermans within the meaning of Article 116 paragraph 1 of the Basic Law (GG) who want to enter or leave the Federal Republic of Germany have a valid passport or passport substitute (Section 2 paragraph 1 number 2) within the meaning of Section 7 paragraph 1 of the Passport Ordinance - PassV - (e.g. identity card or temporary identity card) to be carried with you and to identify yourself with it on request (passport requirement). This also applies if you have German citizenship as well as foreign citizenship. Persons who cannot identify themselves with a valid German passport or passport substitute are allowed to enter the country if German citizenship can be substantiated (e.g. with a passport or ID whose period of validity has expired). To determine the identity, proceed according to number 6.3.1. Violations of the passport requirement can be punished as an administrative offense with a fine (cf. § 25 Paragraph 3 Number 1 in conjunction with Paragraphs 4 and 5).
- Travel regulations of other EU member states and foreign countriesThe passport authorities do not provide any binding information about the applicable travel regulations of other EU member states and foreign countries. Travelers must inquire about this with the authorities of the destination country and any transit countries.
- The applicant has no right to choose whether a passport or a temporary passport is issued. In principle, a passport must be issued (see number 1.2.3 on the issue of a provisional passport).
- A child's passport must be withdrawn or canceled when a passport is picked up, whereby the regulations according to § 1 paragraph 3 (see number 1.3.1) remain unaffected.Children's passports without a photo or children's ID cards do not have to be withdrawn when a passport is issued after it has been validated.
- A provisional passport is only to be issued in justified individual cases. The prerequisite for this is that the person making the application can provide credible evidence that they need a passport immediately and that it is not possible to issue a passport using the express procedure until the time it is expected to be used for the first time. The passport authorities can request the submission of suitable evidence.
- The issuance of an official passport does not preclude the issuance of a passport, temporary passport or children's passport.
- Basically only one passEvery German may only have one German passport, child's passport or temporary passport of the Federal Republic of Germany. If the applicant proves conclusively, if possible by submitting documents (flight ticket, confirmation from employer, correspondence with business partners, obtaining a visa, etc.) that there is a legitimate interest in the issue of a second passport, this passport can be issued. The applicant is responsible for providing evidence of a legitimate interest. A legitimate interest is usually always present if the applicant wants to travel to a country that presumably refuses entry to Germans because the passport shows that they have stayed in certain other countries. The same applies to members of the civilian retinue and relatives in accordance with Article III, Paragraph 3 of the NATO troop statute, whose passport contains a status certificate, as well as to the flying personnel of air carriers and the seafaring personnel of shipping companies. However, the mere possibility that a second passport will be required in the future is not enough. In exceptional cases, additional passports can also be issued.Another passport is also a second passport if its validity period extends beyond the remaining validity period of the first passport.If the holder of a provisional passport applies for a passport or an official passport in a justified case and if a legitimate interest in further possession of the provisional passport is proven, the newly issued passport or official passport becomes the first passport and the provisional passport becomes the so-called second passport ( see also number 188.8.131.52).The issuance of additional passports according to Section 1 (3) includes all types of passports within the meaning of Section 1 (2).
- In addition to a passport within the meaning of Section 1 (2), a passport substitute paper in accordance with Section 7 (1) PassV can also be issued, unless otherwise stipulated in the applicable legal provisions (e.g. Identity Card Act - PAuswG).The regulation of § 28 paragraph 1 remains unaffected.
- Passport only for Germans within the meaning of Article 116 paragraph 1 of the Basic LawA passport may not be issued to anyone other than Germans within the meaning of Article 116 (1) of the Basic Law. Regarding the examination of German citizenship, see also number 6.2.4.In very limited exceptional cases, the Federal Foreign Office can also issue an official passport to persons who are not Germans within the meaning of Article 116, Paragraph 1 of the Basic Law, if this supports or even achieves the interests and the associated objectives of the Federal Republic of Germany. This can e.g. This may be the case, for example, if a diplomat within the meaning of the Vienna Convention on Diplomatic Relations or a consular officer within the meaning of the Vienna Convention on Consular Relations has been sent to an embassy abroad and has a foreign family member who contributes to the integration of the person who has the official passport for Performs official duties or participates in the performance of official duties. In very limited exceptional cases, an official passport can also be issued to foreign employees of German organizations and their accompanying family members if they are working abroad on the official behalf of the Federal Republic of Germany (e.g. intermediary organizations in the cultural sector). Reference is made to the regulations in Chapter 3 PassV and the General Administrative Regulations for the Issuance of Official Passports (AVVaP).
- Passport remains the property of the Federal Republic of GermanyThe passport remains the property of the Federal Republic of Germany even after it has been given to the applicant. It follows from this, according to generally recognized principles of international law, that other states are not entitled to dispose of passports of the Federal Republic of Germany. This also applies in reverse with regard to the national passports of other countries.
- To § 2
- Exemption from the passport requirement
- Exemption from the passport requirementThe group of people who are exempt from the passport requirement according to Section 2 (1) number 1 and the type and model of the official ID cards introduced or approved as a passport substitute according to Section 2 (1) number 2 can be found in Chapter 2 PassV.In particular, Section 6 PassV lists five facts which, if they exist, certain persons are exempt from the passport requirement.In addition, the authorities responsible for police control of cross-border traffic may allow exceptions to the passport requirement in accordance with Section 2 (2) PassG in individual cases.In addition to the exceptions for certain groups of people according to § 6 numbers 1 to 3 PassV, § 6 numbers 4 and 5 PassV list special exemptions for humanitarian reasons. According to this, persons entering or leaving the territory of the Federal Republic of Germany as part of an emergency care are also exempt from the passport requirement. The same applies to people who provide help, be it due to their membership of certain groups of people (e.g. medical staff, fire brigade, technical relief organization, etc.) or private helpers, unless they themselves are already covered by Section 6 numbers 4 and 5 PassV are recorded. The exemption ends as soon as the procurement or application for a passport or passport replacement becomes reasonable in view of the special circumstances of the individual case and the priority of the use of help.
- Passport substitute papers (within the meaning of Section 7 PassV)
- As a passport substitute for Germans, in addition to the identity card and the provisional identity card (§ 7 Paragraph 1 No. 1 PassV), only the documents specified in § 7 Paragraph 1 Nos. 2 to 9 PassV are permitted. They are passport substitute papers that are only issued to Germans for a specific purpose (e.g. entry into the Federal Republic of Germany) or for a specific group of people (e.g. inland waterway operators) (see number 6.2.4). .
- Passport substitute papers are not recognized by a large number of foreign countries, only to a limited extent or only under certain conditions. The passport authorities do not provide any binding information about entry requirements. The passport applicant must obtain information about this himself or through the tour operator from the authorities of the destination country and any transit countries.
- Official identity cards intended exclusively as a passport substituteOfficial identity documents that are exclusively intended as a passport substitute and only have the function of a border crossing document are the documents referred to in Section 7 (1) numbers 2, 4, 6 to 9 PassV (see the following numbers 184.108.40.206; 220.127.116.11; 18.104.22.168; 22.214.171.124, 126.96.36.199 and 188.8.131.52).The passport substitute documents referred to in Section 7 (1) Nos. 1, 3 and 5 PassV not only serve as border crossing documents but also serve as identity documents.
- List of passport substitute papers
- Identity card and temporary identity card (Section 7 (1) number 1 PassV)The issue of identity cards and temporary identity cards is based on the provisions of identity card law.
- Donauschiffer ID (§ 7 Paragraph 1 Number 2 PassV)A Donauschiffer ID is a seven-language ID that is issued to those involved in Danube shipping and to family members who live with them in the same household on the Danube ships. Its model results from the annexes to Article III of the Protocol for the Interpretation and Implementation of the Agreement on the Provisional Regulation of Danube Shipping (Federal Law Gazette 1959 II p. 743). It is recognized as a passport substitute for river navigation on the Danube, for going ashore during the occupation and when the ship is berthed and issued to Germans by the City of Passau.The Donauschiffer ID is issued for ten years. For people who are not yet 26 years old, as well as in the case of Section 1 (3), the period of validity is five years.
- Licenses and crew cards for scheduled and charter flight personnel (Section 7 Paragraph 1 Number 3 PassV)The pilots can be issued pilot licenses (licenses), the other flight personnel of the airlines crew member certificates as a passport substitute. The ID card must state that the holder is entitled to return to the territory of the Federal Republic of Germany at any time during the period of validity of the ID card.The Federal Aviation Office in Braunschweig is responsible for issuing the pilot's license and crew ID.Before a pilot's license or crew card is issued, the Federal Aviation Office must inquire at the passport authority in whose district the applicant has their apartment, or if there is more than one apartment, their main apartment or, if there is no apartment, their habitual residence, as to whether they are aware of the reasons for refusal of the pass according to Section 7 (1) . If such reasons exist, the issuance of a crew ID is to be refused. In this case, the note “Does not apply as a passport substitute” must be entered in the pilot's license. If the reason for the refusal of the pass is only known afterwards, the crew card can be withdrawn and the pilot's license can be marked with the note “Not valid as a passport substitute”.
- ID cards based on the European Convention on the Regulation of Passenger Traffic (Section 7 (1) No. 4 PassV)In the Annex to the European Convention on the Regulation of the Movement of Persons between the Member States of the Council of Europe of December 13, 1957 (Federal Law Gazette 1959 II p. 389), last amended by the announcement of the Annex to this Agreement of February 18, 2008 (Federal Law Gazette 2008 II p. 212), those documents are listed that entitle the holder to cross the border.This includes the passport, the temporary passport, the children's passport and the identity card. These travel documents can still be used to cross the border within one year of the expiry of their validity period.An invalid provisional identity card, on the other hand, does not entitle you to cross the border.
- ID cards for members of the Parliamentary Assembly of the Council of Europe and ID cards for members and employees of the organs of the European Communities (Section 7 (1) number 5 PassV)
Other ID cards or ID cards are not permitted.
- for members of the Parliamentary Assembly of the Council of Europe, the identity card published in Annex II of the circular from the Federal Minister of the Interior dated June 21, 1954 (GMBl. p. 379),
- for members and employees of the organs of the European Communities the “European Community ID card” (“Laissez Passer ").
- ID cards that entitle the holder to cross the border on the basis of intergovernmental agreements (Section 7 (1) number 6 PassV)It was z. B. the Polish border card, which was issued, for example, to a German farmer who cultivates arable land on Polish territory.
- ID cards issued by the authorities and offices responsible for police control of cross-border traffic (Section 7 (1) number 7 PassV)Travelers who cannot identify themselves can be issued with a travel document as a passport replacement for a temporary trip if there are no security-related concerns in the individual case and an urgent need can be demonstrated. The period of validity is limited to the time necessary for the trip; it must not exceed three months (Section 10 sentence 2 PassV).The applicant must be reliably identified (see also number 6.3.1).
- ID cards that only authorize entry into the Federal Republic of Germany (Section 7 (1) number 8 PassV)Germans who are abroad can be issued with a travel document as a passport substitute for entry into the Federal Republic of Germany. This applies in particular to the return journey to German territory (Section 5 (4) of the Consular Act) if a German's passport or passport substitute has been lost during his stay abroad, as well as in other urgent cases if a passport cannot be issued in good time. The issue of a temporary passport remains unaffected.The applicant must be reliably identified (see also number 6.3.1).The period of validity is limited to the time necessary for the return. It must not exceed one month (Section 10 sentence 2 PassV).Only the diplomatic missions of the Federal Republic of Germany or honorary consuls authorized by the Federal Foreign Office are responsible.
- Emergency Travel Documents (ETD)As citizens of the European Union, Germans enjoy the consular protection of any diplomatic or consular representation of a member state if neither a consular representation, an honorary consul or an honorary consul of the Federal Republic of Germany is represented in the territory. As part of this consular assistance, Germans receive a return document (ETD). If a German is in possession of such a document, he must be allowed to enter the federal territory. In this case, there is no administrative offense within the meaning of Section 25 (3) number 1.
- Applicability of the Passport Act to passport substitute papers within the meaning of the Passport Ordinance§§ 7 paragraph 4, 10 paragraph 1 sentence 2, § 11, 12, 14 alternative 1, 18 paragraph 1 and 2, § 20, 23, 25 paragraph 3 number 1 as well as the relevant provisions of these general administrative regulations also apply to passport substitute papers within the meaning of of § 7 paragraph 1 numbers 3 and 5 PassV.The other official ID cards intended exclusively as a passport substitute (see number 2.1.3) also apply to Section 6 (1) to (4) (Section 6 (5)), Section 7 (1) and (2) (Section 7 (3)), Sections 8, 9, 13, 16 paragraphs 1 to 4 (§ 16 paragraph 5) and § 19 application.
- Irrespective of the exemptions listed in Section 6 PassV, the authorities responsible for police control of cross-border traffic can, in individual cases, permit exceptions to the passport requirement under the conditions set out in Section 2 (2).
- To 3
- According to Section 61 (1) of the Federal Police Act (BPolG), the Federal Ministry of the Interior, Building and Home Affairs, in consultation with the Federal Ministry of Finance, decides on the approval and closure of border crossing points. The list of approved border crossing points is published in the Federal Gazette. The traffic hours set by the Federal Police in consultation with the main customs office for crossing foreign borders are announced at the respective border crossing point (Section 61 (2) BPolG).
- To § 4
- When traveling abroad, everyone must have their own travel document. Entries made by children in their parents' passport no longer entitle the child to cross the border since June 26, 2012. The validity of the parental passport holder remains unaffected if a child is entered.
- Entries under "Official Notes" are only considered if they are made at the instigation of the competent passport authority and there is an important reason for this, in particular if the purpose of the passport as an identity document to enable travel is concerned.
- Name entry (family name, maiden name)
- The family name and, if applicable, the maiden name must always be entered in full and in full.The entries in the civil status registers are decisive for the spelling and the order of names; proof of this can be provided by civil status documents.
- If a foreign civil status certificate is presented, the entries in the German passport must be made in the same form as they would be entered in German civil status registers. According to this, names and other words that are used in a script other than the Latin script are to be rendered as far as possible by transliteration. Every foreign character is represented by the equivalent Latin character. According to the Convention on the Indication of Family Names and First Names in Civil Status Books, the norms of the International Organization for Standardization (ISO) are to be applied. If the Latin spelling of the name results from a civil status certificate or from another public document of the home country of the person concerned (e.g. passport), this spelling is decisive. The foreign civil status registers are not decisive. If a diacritical mark is shown in its upper case (capital letter) basic form, the document is not invalid.Passports and ID cards in which the conversion of the Turkish letter i (lower case i with period) has not been carried out correctly into İ (capital I with period), but only into an I (capital I without period), are not invalid. The point on the capital letter İ only serves to specifically identify a letter that is available in the Turkish language in two variants with consequences for pronunciation (cf. Higher Regional Court of Karlsruhe, decision of August 12, 2013; Az. 11 Wx 15/12) .In cases in which the applicant has failed to work towards the correct capitalization in the spelling of his name when applying for a passport, the fee for a subsequent re-application of the identification document with correct capitalization must be borne by the applicant. If a diacritical mark cannot be displayed with the available character set "String.Latin", the letter must always be entered in its basic uppercase form in the identification document.The transliteration is not carried out or initiated by the domestic passport authority, but is the responsibility of the applicant. If transliteration is not possible, names and other words must be entered according to their sound and the phonetic rules of German spelling (phonetic transcription).With regard to the family name of a child born abroad, the applicable naming law must be determined in accordance with the provisions of German international private law (Article 10 of the Introductory Act to the Civil Code - EGBGB). According to this, German naming law generally applies, provided the child also has German citizenship and no choice of law has been made in accordance with Article 10 paragraph 3 EGBGB. This also applies if z. B. abroad, according to local law, a double name for the child was entered in the civil status documents due to a missing joint married name. This entry is not to be included in the German documents and identity documents if it does not correspond to the name determined using German international private law.In individual cases, however, a German who makes use of the freedom of movement in accordance with Article 18 of the EC Treaty can, by means of a declaration in accordance with Article 48 EGBGB, demand that his name, which can also be made up of the names of his parents, is in another EU member state has been registered, is entered in an identity document (see the decisions of the European Court of Justice of October 14, 2008, case C-353/06 - Grunkin-Paul and of October 2, 2003 in the case of the child's birth / residence in an EU member state , Case C-148/02 - Garcia Avello on the registration of the name in the case of dual nationality).Regarding the verification of the German nationality of the applicant, reference is made to number 6.2.4.
- All entries are made in capital letters. Passports with entries in which all the name components to be entered - i.e. name, doctoral degree, maiden name and first name (s) - have been recorded and transmitted in upper and lower case letters at the request of the applicant before the introduction of the capital "ß" (e.g. Dr. . Franz measurements), remain unrestrictedly valid.
- If the applicant has only one name according to the entries in the civil status documents, this will only be entered in the passport under number 1 [a] "Name". The free number 2 "first name" is provided with three horizontal lines ("---").
- If the family name of a child has not yet been determined after the birth, a passport cannot be issued. This mainly concerns cases in which the child has either not yet received a maiden name (cf. § 1617 Paragraph 2 BGB; no name determination for parents without married names and joint custody) or the child already has a maiden name but clearly intends to change the name or has already been initiated (see Section 1617a (2) BGB; name allocation or, for example, Section 1617b (1) BGB; name redefinition). When applying for a passport abroad, number 184.108.40.206 applies.If a certified printout from the child's birth register (instead of a birth certificate) contains the entry “Family name not proven”, a passport must be issued to the child in such cases in order to guarantee the child’s fundamentally protected freedom of travel. The restrictive entry must be made in the passport under “Official Notes”. If the name changes after the name has been clarified, the document is invalid. If the name does not change, there is no need to make an entry. The validity of the passport (with entry) remains unaffected.In the passport or identity card register, additional information about the evidence of name use must be entered as procedural processing notes in accordance with Section 21 (2) PassG or Section 23 (3) PAuswG in conjunction with number 21.2.1 PassVwV.
- If the applicant intends to marry shortly and the family name changes as a result, the passport with the new name can be made at the earliest eight weeks before the marriage if a trip abroad is to be started immediately after the marriage. The date of the marriage must be entered as the date of issue. The passport may only be handed over after the marriage or after the name declaration has been received by the responsible registry office. Before handing over the passport, the name must be checked using the marriage certificate or the certified marriage register printout or the certificate of name use.
- If, when applying for a passport abroad, the child's surname has not yet been definitively determined because the name has not yet been finally clarified for the German legal area, there is a page for official notes with a change sticker with a seal, by stamp, by machine or - if this is not the case is possible - to be entered by hand:“The naming for the German legal area has not yet been finalized. Consultation with the passport-issuing authority must be held before reissuing. "The entry of the note is only possible if a name declaration is submitted in favor of a surname of your choice when applying for a passport and the name declaration is clearly successful from a legal point of view. The family name given in the name declaration must be entered in the passport.
- For foreign civil status documents, the free assessment of evidence according to Section 438 of the Code of Civil Procedure applies accordingly with regard to their authenticity, i.e. H. the passport authority decides independently whether it recognizes this without further confirmation of authenticity. As a rule, they will require a certificate of authenticity (legalization note from the responsible German diplomatic mission abroad). In a number of countries, the German diplomatic missions abroad have found that the legalization requirements are not met due to the unreliability of the document system there. If documents from these countries are presented, the responsible German diplomatic mission abroad can usually provide an expert opinion on the authenticity and, if necessary, the correctness of the content of the certificate.If the country in which the document was issued is a party to the Hague Convention on the Exemption of Foreign Public Documents from Legalization (Apostille Convention), legalization by the German diplomatic mission abroad is replaced by the competent internal authority of the state that issued the document has issued an apostille to be affixed. The application of the convention presupposes a sufficiently reliable document system. The convention therefore enables the contracting states to object to the accession of further states. Germany occasionally makes use of this. In the event of an objection, membership does not apply to Germany. It is therefore necessary to check on a case-by-case basis whether there is an objection. The text of the convention, the contracting states and the objections declared by the contracting states can be viewed on the website of the Hague Conference (www.hcch.net). Civil status certificates issued by one of the contracting states in accordance with the models of Convention No. 16 of the International Commission on Civil and Civil Status (Commission Internationale de L’Etat Civil, CIEC) do not require a certificate of authenticity. In addition, the bilateral certification and legal assistance agreements concluded with Belgium, Denmark, France, Greece, Italy, Luxembourg, Austria and Switzerland must be observed.According to Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016, which came into force on February 16, 2019, to promote the free movement of citizens by simplifying the requirements for the submission of certain public documents within the European Union and amending Regulation (EU) No. 1024/2012 (EU Apostille Regulation) (OJ L 200 of July 26, 2016, p. 1), certain documents from member states of the European Union are not apostilled; this concerns inter alia. also civil status documents, citizenship documents and registration certificates. On the other hand, the regulation provides for the simplification of the translation of public documents by introducing multilingual forms. Translations may include are usually not required if a multilingual form is attached to a public document provided for in the regulation as a translation aid. The multilingual form contains the data of the certificate in both the language of the issuing country and the country in which the certificate is to be presented.For more information on international document traffic, see also “Documents and notarizations / International document traffic” on www.auswaertiges-amt.de.
- A maximum of 186 characters are available in the passport to enter the name if there is no maiden name. If a maiden name is available, a maximum of 124 characters can be used for the name entry.If the name is not longer than 62 characters, a maximum of 124 characters are available for the birth name. If more than 2 lines of 40 characters each are required for the entry of the name and, if available, the name of birth, the font is automatically reduced by the passport manufacturer. If a maiden name is available, a new line must be used for this. The entries must not exceed a total of 186 characters and three lines.If the name is preceded by one or more doctoral degrees (see also number 4.1.3), the number of characters available is reduced by the number of characters required for the doctoral degree or degrees. However, names and parts of names are to be given priority. If the full family and / or maiden name cannot be entered due to the entry of doctoral degrees, the entry of the doctoral degree (s) should be refrained from.
- First name (also patronymic, middle name and proper name)
- The first names must always be entered completely and unabridged.If the applicant has several first names, they must be given in the order in which they are entered in the register of residents or in a German civil status certificate. The applicant must be informed that only 80 characters including spaces are available for a uniform font size for the entry. If more than 80 characters or more than two lines are required for the entry, this automatically reduces the font size. From a technical point of view (reasons of space), more than 62 characters per line and a maximum of three lines are not possible.The entries in the civil status registers are decisive for the spelling and the order of first names; proof of this can be provided by civil status documents. If no German civil status certificate is available, the first name or first name of the applicant must be determined in accordance with German law.If the available writing spaces are insufficient to enter all first names, individual first names can be omitted in agreement with the applicant.
- If the applicant has a special name according to their previous right of residence and the name of the person is subject to German law, only the name relevant under German law must also be entered in the passport. As long as this person does not submit a declaration of the name to the registry office (Art. 48 EGBGB), an entry of the father's name or other intermediate or middle name is not possible in the data field "first name" or in the data field "surname" of a passport. This does not affect the fact that the person making the application can continue to use this name component in its function exclusively as a patronymic or other intermediate or middle name.
- If, according to the entries in the civil status documents, the applicant has only one name, this will only be entered in the passport under number 1 [a] "Name"; see number 220.127.116.11.
- If a child's first name has not yet been entered in the birth register after birth, only a temporary passport can be issued. For the period of validity of the provisional passport, the deadline for determining the child's first name (Section 18, Paragraph 1, Clause 1, Section 22, Paragraph 1 of the Civil Status Act) as well as the provisions of the country or countries to which the child is registered with the provisional passport must be taken into account will travel.If the child's family name has not yet been determined either, a passport cannot be issued (see number 18.104.22.168).For children born abroad see number 22.214.171.124.
- Academic degrees and titles other than the doctoral degree may not be entered. Doctoral degrees must be proven (e.g. by means of an award certificate or a certificate of ownership), unless they are already evident from the identity card, an earlier passport or the register of residents. If only the surname and first name are entered in the award certificate, the certificate of ownership, etc., this is not sufficient for proof of the doctoral degree. In addition to the surname and first name, the verification document must contain other information suitable for establishing identity, such as: B. contain the date of birth.Doctoral degrees are entered in abbreviated form with a point (DR.) Without adding the subject area. Honorary doctorates (e.g. DR. HC., DR. EH.) Can only be registered if they have been awarded by a German college or university with the right to award doctorates. Other academic degrees or official titles, e.g. B. Dipl.-Ing. or Prof. may not be entered.Foreign doctoral degrees may only be entered if the applicant is entitled to use the abbreviation "DR." Without any additional additions according to the university laws of the federal states of the Federal Republic of Germany in connection with the findings of the Standing Conference. Honorary doctorates awarded by a foreign college or university with the right to award doctorates are only eligible for registration if they are allowed to be used with the addition "EH." Or "HC.".Holders of doctoral degrees from EU and EEA countries as well as the European University Institute in Florence and the Pontifical Universities can use the abbreviation "DR." And have it entered without additional subject matter or designation of origin, if these were acquired in a scientific doctoral procedure.The entry “DR.” For professional doctorates, so-called minor doctoral degrees or other university degrees is not permitted.The registrability of doctoral degrees from countries outside the EU and the EEA (including Australia, Israel, Japan, Canada, USA) is based on the current resolutions of the Conference of Ministers of Education. These can be viewed in the “Information System for the Recognition of Foreign Educational Qualifications” (http://www.anabin.de) maintained by the Central Office for Foreign Education at the Secretariat of the Standing Conference of Ministers of Education in the Federal Republic of Germany. This database can also be used to check the registrability of foreign doctoral degrees. In case of doubt, a statement can be requested from the Central Office for Foreign Education at the e-mail address [email protected]For foreign doctoral certificates, the free assessment of evidence according to § 438 of the Code of Civil Procedure applies, i. H. the passport authority decides independently whether it recognizes this without further confirmation of authenticity. If the foreign document is a public document drawn up by a foreign authority or by a person with public faith abroad, a certificate of authenticity should be requested. For the form, see number 126.96.36.199 (see also “Documents and Certifications / International Document Transactions” at www.auswaertiges-amt.de).The doctoral degrees are entered in the "Name" data field. In principle, there is no limit to the number of doctoral degrees that can be entered. If the complete family name cannot be entered due to the entry of doctoral degrees, the entry of the doctoral degree (s) should not be entered. Names and parts of names must always be given priority (see also number 188.8.131.52).The provisions on signing (number 184.108.40.206) remain unaffected by the above regulations for the entry of doctoral degrees.
- A stage name is to be understood as a name that deviates from a civil name with sufficient individual power of distinction, which is used in certain areas of life in connection with an artistic or freelance activity and has thus achieved popularity so that instead of the name it represents the identity and individuality of the person expresses.It is not possible to enter only the name at birth as a pseudonym, as the name at birth must already be entered as such in the passport or identity card. A purchased nobility designation cannot be registered as an artist name unless this name is used in public in connection with an artistic activity. Artist names that are clearly unconstitutional or defamatory are also not registrable.Artist names must be entered in the passport if the applicant is known by the artist name they have given. The applicant must provide the necessary evidence for this. Such evidence can be provided, for example, that the applicant is listed under this name in a professional association or at an agency and the applicant demonstrates that the artist name has achieved a corresponding “traffic validity” in public, i.e. in public Perception superimposed on the real name, at least in some areas.The desired entry of a religious or artist name represents a legitimate interest in the reissue of a passport. The sequence of the components of an artist name depends on the information provided by the artist.For the registration of a religious name, the submission of a certificate of the award of the religious name, which is issued by the order of the respective religious community, is required. In the case of religious names, additions such as father, sister, etc. must also be given; Examples: Father Remigius, Sister Elisabeth.If the admission to an order is based on the payment of an admission fee or other allowance (e.g. donation) and / or membership fees have to be paid by members of the order, it is not a religious order within the meaning of the identity card and passport law. The resulting medal title (possibly also in the form of a "nobility title") is to be regarded as acquired and cannot be registered.In any case, religious or artist names must be entered in the passport if they result from an earlier identity card, an earlier passport or the registration, identity card or passport register. In cases of doubt, the applicant must demonstrate by submitting suitable documents that they are known by the religious or artist name they have given.The entry of a religious or artist name represents a legitimate interest in the reissue of a passport. The sequence of the components of an artist name depends on the information provided by the applicant.
- Entry of place and date of birthWhen designating the place of birth, the entries in the civil status registers are decisive, unless otherwise expressly stated below.
- When designating the place of birth, the regulation in the administrative regulation for the Civil Status Act should be followed.When designating the place of birth in Germany, the name of the municipality in the officially established spelling must be used accordingly. Is it necessary for more detailed identification, e.g. For example, in the case of municipalities with the same name, the administrative district, the (rural) district or the administrative district to which the municipality belongs or a geographical name (e.g. mountain range, river, region) added (examples: Schwerte Kreis Unna) , Lingen / Ems, Neustadt an der Weinstrasse).The federal states decide on their own responsibility whether the official name of the municipality or district is to be given in addition to the official name of the municipality. In such a case, it must be clear that the additional official name of the municipality is not part of the officially established name of the municipality. The addition of further additions such as "Ortteil" or the abbreviation "OT" or similar are only permitted in those cases in which the addition is part of the official name.When designating places abroad, the designation valid there at the time of birth is to be used. If, in addition to the foreign one, there is also a common German name for such a place, then this is to be chosen. A place name is generally to be regarded as "common practice" if it is recognized in the current linguistic usage of the population or is used in a large number of available books or other publications. The foreign designation can be added in brackets on request or if this is necessary for clarification. If there is no Latin spelling for a place name and if the place name is only given in other than Latin characters in the documentary evidence submitted, then number 220.127.116.11 is to be used analogously for its spelling in Latin characters.The country of birth does not have to be entered next to the place of birth. Such an entry should only be made in individual cases if the indication of the place of birth is insufficient to enable clear identification (e.g. place of birth Berlin in the USA). In principle, the name and spelling of the country of birth at the time of birth must be entered. Further additions (e.g. Yugoslavia now Serbia) are not permitted.
- If the exact date of birth is not known, but only the month and year of birth or only the year of birth, the entry must be made by adding XX for the missing data (e.g. XX.10.2006 or XX.XX.2006). The issuance of a passport requires at least the year of birth to be entered. If this is also unknown, a year of birth given by the applicant must be entered, unless this information is obviously unbelievable.
Upon application, the applicant must be issued a passport stating another gender, provided that the person's first name has been changed in advance due to a court decision in accordance with Section 1 TSG (see number 6.2a). A previous change of gender according to § 8 TSG is not necessary for this.
The decision of a person concerned to enter "diverse" or to waive a gender specification (leave open = no entry) is documented in a German civil status entry (birth register, marriage or civil partnership register) and, provided there is no case of a newborn child (cf. 22 PStG), the submission of a declaration to the responsible registry office according to § 45b PStG. In the register of residents, either a “d” (for diverse) or the key “1” (if no gender information is given) is entered in the “Gender” field after the DSMeld.
"X" must always be entered in the "Gender" data field in the passport if either a "d" or the key "1" is entered in the "Gender" field in the register. In the machine-readable zone (MRZ) the symbol "<" is used.
Accordingly, an "X" must be provided in the passport register.
- In principle, the entries for size must be made in centimeters according to the information provided by the applicant. They only need to be checked if the information is obviously incorrect. If the actual size cannot be determined (e.g. due to a handicap), the details of the person making the application must be adopted or, in consultation with them, provided with three horizontal lines ("---").If entries in the passport regarding size are to be updated or changed, the previous entry on page 1 of the passport must be deleted and corrected. The correction must be made in accordance with number 18.104.22.168.Subsequent changes to the provisional passport are not permitted, see number 22.214.171.124.Number 5.4.3 applies to changes in the children's passport.
- The eye color is not measured in a technical way. The data field should only contain color designations (basic designations of the colors as well as their light and dark tones, mixed colors). If the available number of writing positions is not sufficient, it is sensible to abbreviate - without the usual abbreviation point.If both eyes differ in color, the names of the different eye colors must be separated by commas. The addition of further additions such as “left” or “left” or similar is not permitted.If the actual eye color cannot be determined (e.g. due to a disability), the information provided by the applicant must be adopted or, in consultation with them, provided with three horizontal lines ("---").If entries in the passport relating to eye color are to be updated or changed, the previous entry on page 1 of the passport must be deleted and corrected. The correction has to be made according to number 126.96.36.199. to be done.Subsequent changes to the provisional passport are not permitted, see number 188.8.131.52.Number 5.4.3 applies to changes in the children's passport.
- The municipality in which the applicant has their home at the time of submitting the application based on the registration register must be entered as the domestic place of residence, or in the case of several apartments their main residence. The postcode and other postal additions may not be entered. In addition to the official name of the municipality, the official name of the municipality or district can be added in accordance with state law. See number 184.108.40.206.
- If the applicant has their sole place of residence abroad, this address must be entered as shown in the evidence submitted by the applicant (e.g. excerpt from the register of the country of residence, official correspondence, etc.). so that the passport holder can have the planned new foreign place of residence entered before they move abroad (see Section 17 (2) sentence 2 of the Federal Registration Act), which they can substantiate. In case of doubt, the competent passport authority abroad must be involved. Section 19 (4) remains unaffected (authorization of the competent authority). Number 220.127.116.11 applies accordingly to the designation of places of residence abroad.
- For people who live on an inland waterway vessel that is entered in a shipping register in the Federal Republic of Germany, the name and home port of the ship must be entered as the place of residence (e.g. ship Regensburg, home port Duisburg).
- In the case of German seafarers who are not subject to the general reporting requirement, the place of residence is the municipality at the registered office of the shipowner.
- If the applicant does not have an apartment or if no apartment can be determined according to the above numbers, the current whereabouts must be entered.
- Only German citizenship (see number 6.2.4) must be entered as citizenship for persons with several nationalities. Other citizenships besides German citizenship may not be entered. If an official passport is issued to a person who is not German within the meaning of Article 116 (1) of the Basic Law, the foreign nationality must be entered (see also number 4.2.6).People over the age of 16 submit the declaration of the existence or continued existence of German citizenship in person. If the applicant is incapable of acting, the declaration of the legal representative, the legal guardian or the authorized representative applies.
- Country code in an official passportThe AVVaP applies to country codes in official passports. The nationality is then entered with a three-digit country code in accordance with the requirements of the International Civil Aviation Organization (ICAO), see its document ICAO DOC 9303, part 3 (7th edition, 2015), point 5, p. 22 ff.).
- The applicant's fingerprints are stored exclusively on the storage medium provided for their travel, diplomatic or service passport. Any other storage of the fingerprints beyond the time the passport was issued is not permitted (Section 16 (2) sentence 3).
- Process for capturing fingerprintsThe relevant version of the guideline issued by the Federal Ministry of the Interior is the “Acquisition and Quality Check of Fingerprints for Second Generation Electronic Passports, Guidelines for Passport Authorities” in the currently applicable version. See also Annex 2 of the Annex to the Ordinance on the Collection and Transmission of Passport Data - PassDEÜV - of October 9, 2007 (Federal Law Gazette I p. 2312), last amended by Article 2, Paragraph 6 of the Act of December 22, 2011 (Federal Law Gazette I P. 3044).The fingerprints are electronically recorded in the passport authorities as part of the passport application in accordance with the requirements of the passport data recording and transmission ordinance and checked with the help of quality assurance software. The fingerprints are only saved for electronic transmission to the passport producer; at the latest until the passport is handed over to the passport holder (see also number 4.3 and section 16 (2) sentence 3).The issuance of the travel, diplomatic or service passport applied for must be refused if the applicant refuses to have their fingerprints recorded, although this appears possible in the circumstances of the individual case and the passport applicant does not present a medical certificate from which it can be seen Reasons arise that stand in the way of fingerprint capture. The same applies if the person authorized to legally represent or the person appointed to provide care refuses to scan the fingerprint.
- Children's passports and passports for children4.4a.1 A child's passport can only be issued for children if they are not yet twelve years old. Alternatively, a passport can be issued. If the child is ten years or older, the passport application must be signed by the child. Younger children are allowed to sign. If the document is issued without the child's signature because the child is not yet ten years old, the child does not need to sign it after the child turns ten. In the case of children who are not literate or unable to write, the passport authority must draw a horizontal line in the signature field (see number 18.104.22.168). With regard to the respective period of validity of the child's passport, see numbers 5.4.1 to 22.214.171.124.4a.2 Fingerprints are not to be taken from children who are not yet six years old. Application documents that contain fingerprints from this group of people will not be processed by the passport manufacturer. The passport authority resends the passport application to the passport manufacturer, but deletes the fingerprints in advance. A new passport application by the person authorized to apply is not required.
- The templates of the passports result from the annexes to the Passport Ordinance.
- The models of the official passports according to § 1 paragraph 2 number 4 letters a to d can be found in the annexes to the Passport Ordinance.
- To § 5
- The reissue of a passport before the expiry of the period of validity is permitted.
- The date of application is entered as the date of issue for all passports. Pre-dating the application date is permitted for a maximum of eight weeks and only in the case of marriage (see number 126.96.36.199). The calendar day that precedes the calendar day on which the application is submitted must be entered as the end of the validity period of the passport.Entries deviating from the regular period of validity may have to be made by the processor (see number 5.5).
- The period of validity of provisional passports must be adapted to the respective purpose of use, but may not exceed one year. An extension of the period of validity is not permitted.
- Extension of the validity of the children's passportThe period of validity of the children's passport is extended using a sticker "Extension / Change". The time of the application for an extension or an update must be entered in the "Date of issue" data field. See also number 5.4.2. For the requirements for submitting an application, see number 6.1.3.An extension of the period of validity of a child's passport is only permitted before this period of validity has expired, see number 5.4.3. After the expiry of the period of validity, the child's passport becomes invalid (§ 11 number 3). In these cases, a new issue must take place.
- Photo in the child's passportThe sticker "Extension / Change" must be used to update the photo. The information on the place of residence, size and / or eye color can also be updated (see number 5.4.3). The date of issue must be updated. If the period of validity is to be retained, the information must be taken from the personal data page. To extend the period of validity, see number 5.4.1.The photo must always be updated if the validity of the child's passport is extended by means of a sticker "Extension / Change".
- Update in the children's passportAn update (e.g. by adding a new photo, changing the eye color or size) can take place at any time. Regarding the signature requirement for children, see number 4.4a.1.The child must also be present when the size and / or eye color is updated for safe identification to take place.If only entries on size, eye color and / or place of residence are to be updated in the children's passport, these must be entered on a page for official notes.Changes on the sticker "Personal data" or on the sticker "Extension / change" are not permitted.If the changing authority is a different authority than the issuing authority, the changing authority is entered as the “passport-issuing authority” on the label “Extension / Change”.If a child's passport has become invalid according to § 11 PassG (e.g. due to a name change, expiry of the period of validity), an update is not permitted.
- More stickers in the children's passportIt is permissible to put several “Extension / Change” stickers on the child's passport. After pages 4/5, pages 8/9 ff. Can be used for this purpose.It is not permitted to stick a new sticker over a sticker that has already been introduced or an existing visa (visa, entry or exit stamp).
- In the cases of § 29 Paragraph 1 of the Citizenship Act (StAG), passports must be issued up to the age of 23 at the latest (so-called "option children") if the continued existence of German citizenship according to § 29 Paragraph 6 StAG has not yet been established. The passport holder must be informed of the reason for the time limit.The applicant has to prove the continued existence of the German citizenship by submitting a notification of the continued existence of the German citizenship in accordance with Section 29 (6) of the StAG (see also number 188.8.131.52). If the Federal Office of Administration has determined the continued existence or loss of German citizenship in accordance with Section 29 (6) of the StAG, it will immediately notify the diplomatic mission abroad (Section 33 (5) of the StAG). If the continued existence of German citizenship has been established, the note on the existence of the option obligation in the passport register must be deleted.If a diplomatic mission abroad is responsible for issuing a passport whose period of validity would expire between the 21st and 23rd year of the person for whom the passport is to be issued or which would extend beyond the age of 23, the diplomatic mission abroad has to contact the Federal Office of Administration or the last to ask the competent passport or registration authority in Germany whether this person is subject to the option obligation according to § 29 StAG.The existence of the option obligation is to be noted in the passport register (§ 21 paragraph 2 number 16).
- To § 6
- The application must be submitted by the passport applicant or - if necessary - by the legal representative, legal guardian or authorized representative. The passport applicant may only be represented by an authorized representative if the passport applicant is incapable of acting and a publicly certified or notarized power of attorney is available for this case. The legal representative cannot be represented by an authorized representative.Inability to act is the inability to perform procedural acts. Incapable of action is anyone who is not legally competent. These are all minors and legally incompetent persons within the meaning of Section 104 number 2 of the German Civil Code (BGB). For minors, the special regulation of Section 6, Paragraph 1, Clause 6 applies (see number 6.1.3 below). Persons (regardless of age) who are in a state of pathological disturbance of mental activity, which excludes the free determination of will and which by its nature is not only temporary, are incapable of doing business in the sense of § 104 number 2 BGB. Basically, the legal capacity of an adult can be assumed.There is no judicial process to determine the incapacity. It can only be determined in each individual case and can be checked by a court (e.g. by the administrative court based on a binding action for the issue of a passport). If there are indications of the applicant's legal incapacity and if there is no legal or authorized representative, the court must work towards the appointment of a supervisor (see number 6.1.2).To check the identity, the passport applicant - e. B. also the underage person - always appear personally at the authority. The legal representative, legal guardian or authorized representative should appear personally at the passport authority. However, the application can also be delivered by a messenger (e.g. the grandparents or other relatives of the underage person, if the parents cannot submit the application to the passport authority themselves due to lack of time). In these cases, however, the application must be signed by the legal representative and meet all formal requirements. The signature of the legal or authorized representative on the application must be compared with the signature on an identity document (e.g. by presenting the ID). In addition, the messenger must present a power of attorney from the legal representative, which shows that he has been authorized to deliver the application. The power of attorney is to be put on file.A passport cannot be issued if the passport applicant cannot be identified by the passport authority (e.g. application for a passport for a German living abroad by the parents at a domestic passport authority).
- The personal appearance is the same when the employees of the passport authority the passport application z. B. in the passport applicant's apartment, a hospital, a nursing home or in a correctional facility. In particular in the rare cases in which it is not possible or unreasonable for the passport applicant to appear at the passport authority in person for health reasons, an attempt should be made to have an employee of the passport authority submit the passport application in the apartment, in Accepts the passport applicant in hospital or in the context of home accommodation.A personal appearance at the passport authority can be dispensed with if this appears necessary in the interests of the Federal Republic of Germany or a federal state and the data is recorded by another authorized body (e.g. honorary consul or consul).
- To receive a passport application outside the passport authority, a mobile fingerprint scanner is required (e.g. a laptop equipped with the necessary software and a fingerprint scanner) that meets the requirements of Annex 2 of Appendix 1 to the PassDEÜV.
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