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» Economics » Foreigner right » Topics begins with P » Passport (document)

Page modified: Tuesday, July 12, 2011 23:35:46

General definition

The passport is in the closer and original sense an official document of identification, which is published to the owner by the state, whose nationality it possesses due to its birth or naturalization, and which after the right of the issuing state for transnational travel and in the principle to the return to the own territory entitled. The passport remains property of the respective state. Passports serve for the identification and authentication in relation to national authorities and besides in relation to private mechanisms as well as opposite private people.

Colloquially the term is used frequently in a broader sense. With the term passport in particular also passport spare papers become (for instance the identity card or also as "refugee passport" marked travel document of identification for refugees) in the everyday life language as well as other personal documents designated, even if they are not issued independently of national places and e.g. of the nationality (examples: "Leisure passport", "nut/mother passport").

Functions of the passport

Becomes general between passports (English passport haven) and passport spare papers (English travel documents) differentiated; both are documents of identification. Passport spare papers differ from passports by the fact that they do not exhibit all functions of a passport, in addition, serves the transnational travel.

Passports and passport spare papers fulfill mostly the following functions:

  • They confirm that registered particulars belong to the person, who is registered in the paper.
  • They permit the owners, with the paper over the border of the exhibitor state abroad to travel (exit visas are today very uncommon).
  • According to their traditional function as charters of the national gentleman they permit the owner to travel to other countries. Some samples carry this very day an appropriate protection request, for instance the British passport.

All passports (strictly speaking) have the additionally following functions, which are often not completely fulfilled by passport spare papers:

  • They permit, into the exhibitor state back to iron to the owner.
  • They promise host countries that also the owner is taken back during a residence completion (deportation).
  • They obtain the protection of the diplomatic agencies of the exhibitor state.
  • They contain the explanation, the owner are member of the exhibitor state.

Spatial validity

In many passports a spatial area of application is registered, which can be determined thereby by the exhibitor state (in German passports about "for all countries"). Besides the spatial validity is reduced in the result by the fact that passports of things, which of the goal state not when state is recognized, there often to the entry do not entitle. Here it does not concern a compelling rule, then for instance the Republic of China (Taiwan) is recognized of the Federal Republic of Germany not as state, with its passports is however nevertheless an entry possible (see general decree of the Federal Ministry of the inside from 3 January 2005, federal legal gazette 2005 P. 738 FF.).

In the passports of Israel one found the instruction valid for all countries up to the year 1955 - ten years before the admission of diplomatic relations with the Federal Republic - even except Germany. Such passports were accepted nevertheless by the Federal Republic of Germany, whereby it was usual that the Israeli side notified the journey before over a report of the informal connecting office. Until today the passports of some countries - for instance of Malaysia - contain a note, according to which the passport applies to all countries with exception of Israel.

Kinds of passports strictly speaking

One differentiates depending upon purpose or operational area particularly between

  • Passport,
  • Diplomat passport and
  • Service passport

The diplomat passport or the service passport contains additionally still data to the service place and operational area, thus for example: Moscow, consul

Kinds of passport spare papers

Among the for this rank about

  • the travel document of identification for refugees and that
  • the travel document of identification for stateless people.

These papers are called often untechnisch refugee passport or stateless person passport. Strictly speaking they are however no passports, because they are not issued by the state, whose nationality of the owners possesses.

From some states, as for instance Germany, becomes besides

  • the identity card

also as passport spare paper issued, so that one can travel with it to such states, which permit the entry with this document.

International-law passport sovereignty

In principle each state for its citizens possesses the passport sovereignty, that is derived from the personnel sovereignty of the state over its citizens according to international law. This meant that another state may not issue strange citizen so easily passports, in which particulars and the nationality it is obligatorily determined. Since it permits the passport right of nearly all states, for entitled reasons provisionally or durably passports to extract (example: With notorious football hooligan before a lining up international match) or from the beginning, no other State of this decision be able is to issue no passports to occur. Of it there are however allowable variations, approximately with refugees according to the article 28 that Geneva refugee convention, or naturally with Mehrfachstaatern, where each State of its member can issue a passport.

General document of identification or passport obligation

Depending upon state the possession is or even carrying a passport or a document of identification starting from a certain age compellingly, so for example in Germany, where the possession (not carrying) of the identity card or a passport is prescribed starting from 16 years.

Legal situation for foreigners in Germany

Passport obligation

Foreigners may enter "§ 3 exp. 1 of the residence law (AufenthG) only into the federal territory or be in if they possess a recognized and valid passport or passport replacement. In justified individual cases the Federal Ministry of the inside (or one of it determined place) can permit an exception of the passport obligation before the entry and for maximally six months. Also the distribution of a residence title to a foreigner presupposes 1 AufenthG after "§ 5 exp. regularly that the passport obligation is fulfilled. For the acknowledgment the Federal Ministry of the inside is responsible; "§ 71 exp. 6 AufenthG. To union citizens and citizens of the EWR states an identification applies after "§ 8

Foreigners under age fulfill the passport obligation after "§ 2 to the residence regulation (AufenthV) up to 16. Lebensjahr also by entry in the passport of a legal representative, whereby starting from the tenth Lebensjahr a photo is necessary.

The passport or passport replacement of a foreigner may be not finally drawn in by another than the issuing state, however it can for temporary purposes (as for instance the Sicherstellung of the departure or for use as evidence in criminal procedures) will retain. Legal bases are "§ 50 exp. 6 of the residence law or "§"§ 94 FF. the code of criminal procedure. Since the passport or passport replacement is property of the exhibitor state and not the owner, it can be returned also to the exhibitor state and not the registered owner, if the purpose of the retention is terminated.

Certified passport spare papers

Generally as passport replacement certified and thus for the fulfilment of the passport obligation in Germany sufficiently AufenthV are official documents of identification, their owner the Federal Republic of Germany due to of your genuine or of agreements with the document of identification - if necessary with a visa - enter to let must "§ 3 (for instance refugee and stateless person passports, documents of identification for official of European Union, identity cards of the EU/EWR citizens and of Swiss, flight crew documents of identification etc.).

If a foreigner does not possess a passport and if he cannot attain it in reasonable way, him a document of identification replacement can be issued, whereby it follows inland the identification ("§ 48 exp. 2 AufenthG, "§ 55 AufenthV). Under closer, exactly regulated conditions German authorities also a foreigner can issue a passport replacement (regulated in "§"§ the 4 to 13 AufenthV). German passport spare papers for foreigners are:

  • Travel document of identification for foreigners,
  • Border crosser map,
  • Emergency travel document of identification,
  • Travel document of identification for refugees,
  • Travel document of identification for stateless people,
  • Pupil collecting list,
  • Certificate over the change of domicile,
  • Standard travel document for the feedback.

A foreigner, who offends deliberately against the passport obligation (and makes themselves also possesses no document of identification replacement), after "§ 95 exp. 1 No. 1 AufenthG punishable. A negligent offence is penalty-reinforced as irregularity (fine up to 3000 euro, "§ 98 exp. 1 and 5 AufenthG).

Articles in category "Passport (document)"

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» Passport (document)
» Passport replacement
» Plurez decree
» Policy on foreigners
» Principle of territoriality
» Pushing away detention

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