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I am a student from Belgium, and need to travel to Germany by car for a short period of one week for a research project. I have a residence permit (not an ID card, but a one-year residence permit) from Belgium, but my passport from my country of origin has expired and cannot be renewed (due to compulsory military service). For those who have any experience with such situations, could you please take a look at the questions below:

  1. Is there any way I could obtain a visa or another type of document for my short stay? I have a few months to arrange this. I will certainly contact the German embassy, but I fear that my expired passport will be an issue.

  2. Could there be major problems if I travel to Germany by car for this project? If I get checked and show the aforementioned documents, is there a possibility that I could be deported to my country of origin?

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  • Have you asked any Belgian authorities if they can issue you a travel pass? Given that you can't renew your passport in your country of origin, that might be your best bet. However, given the procedure here, you will not be immediately recognized as eligible, so you might need some political influence to make this happen.
    – svavil
    Commented May 19 at 21:31
  • @svavil Thank you for the help! I have indeed already tried this a few years ago and was not eligible. Could you please elaborate on what you mean by “political influence”? Thanks in advance.
    – Ricardi
    Commented May 19 at 21:53
  • Correct my thinking if I make any wrong assumptions here. You might be in a situation where your country of origin recently introduced new laws that make renewing the passport harder, and Belgium might not yet have reflected this in their procedure to issue travel passes. Ideally, it would take a sympathetic Belgian politician to lobby this cause and amend the procedures, in the interest of all Belgian residents with the same country of origin, but this is going to take a long time.
    – svavil
    Commented May 19 at 22:13
  • Do you mean your TRP is valid then It’s possible though to travel if you are already in Schengen ! Commented May 20 at 11:06
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    @SaranshSharma A country may issue a national visa under any conditions it sees fit. For the Schengen area, a residence permit card is not a travel document. 3rd country nationals require their valid passport. If Germany wishes to allow such a 1 week research trip by a Belgium student resident, with an expired passport, the national visa in that passport will tell anybody checking that an exception has been made in this case. Commented May 20 at 12:08

1 Answer 1

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I have a residence permit (not an ID card, but a one-year residence permit) from Belgium,

This answer assumes that the residence permit has not expired.

Is there any way I could obtain a visa or another type of document for my short stay?

Since a visa also requires a valid travel document, this would normaly not be possible.

In theory, Germany could issue a national visa based on your expired passport and valid residence permit. But whether they would do so would be based on your individual personal circumstances (such as citizenship).

Countries often avoid issuing a travel document for foreign nationals when it is not strictly required.

is there a possibility that I could be deported to my country of origin?

Only after you have refused to return to Belgium voluntarily and Belgium refuses to allow you back does the danger exist that you could be deported to your home country. (Article 23 Schengen acquis)


The Schengen acquis

  • Convention implementing the Schengen Agreement of 14 June 1985

Article 21

  1. Aliens who hold valid residence permits issued by one of the Contracting Parties may, on the basis of that permit and a valid travel document, move freely for up to three months within the territories of the other Contracting Parties, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c) and (e) and are not on the national list of alerts of the Contracting Party concerned.
    ...

Article 23

  1. Aliens who do not fulfil or who no longer fulfil the short-stay conditions applicable within the territory of a Contracting Party shall normally be required to leave the territories of the Contracting Parties immediately.
  2. Aliens who hold valid residence permits or provisional residence permits issued by another Contracting Party shall be required to go to the territory of that Contracting Party immediately.
  3. Where such aliens have not left voluntarily or where it may be assumed that they will not do so or where their immediate departure is required for reasons of national security or public policy, they must be expelled from the territory of the Contracting Party in which they were apprehended, in accordance with the national law of that Contracting Party. If under that law expulsion is not authorised, the Contracting Party concerned may allow the persons concerned to remain within its territory.
  4. Such aliens may be expelled from the territory of that Party to their countries of origin or any other State to which they may be admitted, in particular under the relevant provisions of the readmission agreements concluded by the Contracting Parties.
  5. Paragraph 4 shall not preclude the application of national provisions on the right of asylum, the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, paragraph 2 of this Article or Article 33(1) of this Convention.

Sources:

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  • Many thanks! I will then get in touch with the German embassy to see if they can issue me a national visa. If you have any further tips for me, they are all welcome.
    – Ricardi
    Commented May 20 at 8:27

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