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I am looking for some information (couldn't find any clear pointers) on the following scenario:

I am a non-EU foreign national living in Germany and I am holding a blue card. My visa is valid but my passport is expiring in 1.5 months.

Am I allowed to travel abroad and return Germany with my passport validity of 1 month at the time of reentring Germany ?

I know there is rule of 3 month passport validity but if I understood right, it is for short stays/travel.

Not sure what is the rule in my current scenario. I would really appreciate if you guys can point me towards any legal documentaiton exaplainig this.

Regards

  • 3
    With 1.5 months still to go why don't you apply for a renewal before it expires? – Hanky Panky Jan 25 '16 at 15:28
  • This is plainly not an expatriate sort of question. It's about documents necessary for travel. – Michael Hampton Jan 25 '16 at 15:49
  • @MichaelHampton I haven't voted to close because I am not sure where I stand on the question, but I do note that it is about documents necessary for a foreign resident of Germany to return home after traveling, which tends to favor expats. – phoog Jan 25 '16 at 16:35
  • @Hanky웃Panky , Thank you for the suggestion. Actually I have to fly in two weeks. I know I shouldn't have waited this long and should have applied for the renewal earlier but this one is an unexpected trip. renewal needs 4 weeks at least. – Rahul Jan 26 '16 at 9:16
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Exit and re-entry at the German border is no problem, as long as the passport is still valid (even on the last day). Note that you need a valid passport at all time while being inside Germany. A minimum validity is not required (§ 3 Abs. 1 AufenthG).

Please note that you are not allowed to enter other Schengen member states, which would require a passport validity of three months after leaving them (Article 5 para. 1(a)(i) Schengen Border Code). Transit to Germany however is still allowed (para. 4(a)). If you need to transit somewhere else you should check whether you can do so with the passport.

  • Hey Neo, Firts, thank you for the answer and for adding the reference to such laws. If I got it correct, the (§ 3 Abs. 1 AufenthG ) is for residents and Schengen Border Code is for transit/ short stay ? It is a bit confusing to find the differenct between the two documents. – Rahul Jan 25 '16 at 17:31
  • @Rahul AufenthG is the German law regarding all stays of foreigners, no matter how long. However, some cases are explicitly stated in there to be handled by other laws, the Schengen Border Code being one important, especially for short stays. Unfortunately usually one can't just read a few sentences when having a special case in the table, because it can be handled anywhere. It takes a bit of experience to know where to look. – neo Jan 25 '16 at 18:08
  • In this example: German law does not usually require a minimum validity for passports. This is what the general section of AufenthG tells us. However, there is a special case in which this rule does not apply: short-term visitors under Schengen rules. This special case is stated somewhere else, in this case the Schengen Border Code. – neo Jan 25 '16 at 18:09
  • Neo, you are right, that needs some experience. Does this short term schegen rule also apply for transits. While incoming it may be allowed as stated in Schengen Border code that transit is allowed so that the resident can go back to the state that issued the residence permit But What about going elsewhere outside europe.. US->Switzerland->Germany is allowed , I am not sure if other way around is also valid i.e. (Germany->Switzerland->outside europe) Thank you , anyhow, for your help. It means a lot – Rahul Jan 25 '16 at 18:27
  • @Rahul Unless I miss another provision I don't think that's allowed. The transit exception doesn't apply in this direction and I don't know another exception that would allow that. – neo Jan 25 '16 at 18:42

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