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MOVING TO GERMANY

Reader question: How can I get an official German ID without a residence permit?

It can be useful to have some form of ID for day-to-day life in Germany. But what do you do as a foreigner if you don't have a residence permit to use, and you don't want to risk carrying your passport around? Here's what you need to know.

A man presents his German ID card
A man presents his German ID card. Photo: picture alliance / Sebastian Willnow/dpa-Zentralbild/dpa | Sebastian Willnow

According to the Ministry of Interior, all German citizens must own some form of official identification from the age of 16 onwards. There’s also a very prevalent myth which states that people in Germany must carry this official ID on them wherever they go.

The first thing to ask is whether this rule is actually true, and whether foreigners in particular are obliged to own, or carry, official ID?

Contrary to what many people are told, neither foreigners nor Germans are legally required to carry a form of ID with them when out and about – unless, of course, they’re crossing the German border. 

“Section 48 of the Residence Act does not contain any obligation to carry a passport,” states legal website Juraforum.de. “The Dessau-Roßlau Regional Court (Case No.: 13 OWI 329/11) determined that a foreigner does not have to carry an identity document at all times.

“An identity document must only be presented after a reasonable period of time upon request.”

In other words, though it can make it easier if you have ID with you if you’re stopped by the authorities for any reason, experts say you aren’t obligated to present ID straight away, but rather “after a reasonable period of time”. 

That technically means that you can leave your passport at home and only present it as proof of identity once you’re able to.

But what if you’re keen to have some form of ID that you can carry with you for day-to-day things like using vending machines or proving your age in a supermarket?

Or, more commonly, to show that your vaccine passport or recovery certificate belongs to you under Germany’s 3G/2G or 2G-plus Covid health pass restrictions?

That all depends on your citizenship and residency situation.

For German nationals, getting hold of an official ID card is a simple as going to your local Bürgeramt. For non-EU nationals, your residence permit card will have an electronic ID function and can be used to prove your identity within Germany.

READ ALSO: EXPLAINED: How to prove you’re a resident in Germany

For EU citizens who aren’t German, things can feel a little bit trickier, as you don’t need a residence permit and are not entitled to a German ID card.

So what are your options?

Well, since January 1st, 2021, non-German EU and EEA citizens have been able to apply for an electronic ID (eID) card under German law. To do this, you’ll need to be at least 16 years old and have another form of valid official ID, such as a passport, in your possession.

The eID cards cost €37 and are issued for a period of 10 years. 

While these aren’t considered valid travel documents, they can be used to prove your ID within Germany, for example at vending machines or self-service terminals in local public offices. 

General information about the eID card for EU/EEA citizens can be found here. If you’d like to know more about the digital function and how to use it, see our recent explainer here:

What is Germany’s electronic ID card and how do you use it?

Member comments

  1. It has been a complete disaster having to carry all our passports nearly EVERWHERE we go to do practically anything. Especially for my kids. If they lose them, we’re in a heap of trouble as it takes 6-8 weeks to get a new one and getting an appointment at a local embassy or consulate is difficult. We, Americans, are not accustomed to it. We usually use our driver’s licenses, military IDs, or work badges to prove identity. Passports are meant for cross-border identification and this is crazy to us.

    1. Why do you carry your passport? I’m also American. I carry my and my children’s residence permits (Aufehaltstitel) unless we travel outside Germany.

      1. We don’t have residence permits because we are here with NATO. We have SOFA visas stamped in our passports. Military IDs don’t work nor do driver’s licenses. Only the passport.

        1. Ah, ok. I was trying to figure out how someone outside the EU could stay more than 90 days without a residence permit. Makes sense now.

    2. I recently got my passport card (US) and carry that instead of my actual passport. It’s been a lifesaver since it fits nicely in a pocket or wallet.

      I’ve used it twice so far without issue. Perhaps that could help your situation, at least a little bit.

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For members

READER QUESTIONS

Reader question: Is it ever too hot to work from home in Germany?

Germany has regulations on working during a heatwave - but does that also apply to people who work remotely? We take a look.

Reader question: Is it ever too hot to work from home in Germany?

The number of people working from home shot up during the Covid pandemic, and though employees no longer have the right to work remotely by law, many have chosen to stick with more flexible arrangements and set up a home office at least part of the week.

This is great news for people who enjoy a lie-in more than a long commute, but there are some downsides. One major issue is that it’s not always clear how Germany’s strict employee protection rules actually apply in a home setting. The rules for working during a heatwave are a good example of this.

How does Germany regulate working in extreme heat? 

By law in Germany, employers are responsible for creating a safe environment for their workers. This means that they should try and keep the temperature below 26C at all times and are legally obliged to take action if the temperature goes above 30C. 

That could include putting blinds on the windows to prevent the glare of the sun, installing air conditioning systems or purchasing fans. In some cases – such as outdoor manual labour – it could also involve starting and finishing earlier in the day. 

And in really high temperatures, employers may simply decide to call the whole thing off and give their employees a ‘hitzefrei’ day – basically a heat-induced day off – to go and cool down in a lake. However, business owners are generally given free rein to decide how hot is too hot in this instance (except in the case of vulnerable workers). 

READ ALSO: Hitzefrei: Is it ever legally too hot to go to work or school in Germany?

Do the heat rules apply to ‘home office?’

Unfortunately not. In most cases in Germany, the company isn’t directly involved in setting up the workspace for an employee that works from home, aside from possibly providing a laptop or phone for remote use. 

“The occupational health and safety regulations regarding room temperature do not apply in this case,” labour law expert Meike Brecklinghaus told German business publication T3N. “This is because the employer does not have direct access to the employee’s workplace and in this respect cannot take remedial action.”

That means that on hot days, it’s the employee’s own responsibility to make sure the environment is suitable for working in. 

woman works from home in Germany

A woman works in her living room at home. Photo: picture alliance/dpa | Daniel Naupold

One duty employers do have, however, is to instruct their workers about the best way to set up a healthy work environment at home, for example by giving guidance on how to regulate the temperature. 

“In the end, it is the employee’s responsibility to maintain his or her workplace in a condition in which he or she can perform his or her work without the threat of health impairments,” Brecklinghaus explained.

What can home office workers do in hot weather?

There are plenty of ways to keep flats cooler in the summer months, including purchasing your own fan, keeping curtains or blinds drawn and ventilating the rooms in the evening or early morning when the weather is cooler.

However, if heat is really becoming a problem, it’s a good idea to communicate this to your employer. This is especially important if you have a health condition that makes it more dangerous to work in hot weather. 

In some cases, you might be able to negotiate for the employer to pay for the purchase of a fan or mobile air conditioner as goodwill gesture. If possible, you could also arrange to travel to the office where the temperature should be better regulated.

Another option for early birds or night owls is to arrange more flexible working hours so you can avoid sweltering at your desk in the midday sun, although this of course depends on operational factors. 

READ ASO: Jobs in Germany: Should foreign workers join a union?

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