As social structures and production grew more complex, the need arose to organize society more cohesively and to manage various social processes, which led to the creation of a dedicated governing apparatus and to the emergence of the state as a distinct political structure. The presence of numerous states on the world stage, together with the fear of being conquered by other peoples, drove the need to maintain a powerful military force capable of repelling an attack. As cultural values and military technology developed, that need gradually diminished, yet even today most countries in the world either maintain a corps of contract soldiers or establish in law an obligation for every male citizen to undergo appropriate military training.
Arsen (name changed) was born and raised in Armenia, where from early childhood he attended a ballet school, took part in various dance competitions, winning several of them, and saw himself performing on a big stage one day. At the age of 17, Arsen enrolled at an advanced dance academy in one of Germany's cities, moving there as soon as he obtained the necessary permit. After successfully graduating from that school, Arsen was accepted into the dance company of one of Germany's well-known theaters, and his career gradually began to take off.
Permanent Settlement Permit
Unlike an ordinary residence permit, the Niederlassungserlaubnis is issued for an unlimited period and is not tied to a specific purpose of stay in Germany.
After several years of continuous residence in Germany, Arsen turned to our law firm for advice on the possibility of obtaining a permanent settlement permit in Germany. Our lawyer, having first requested the client's case file from the immigration authority and verified that Arsen met all the requirements set out under German law, informed him that he would be entitled to apply for a permanent settlement permit — but there was one catch: the client's foreign passport was due to expire just a few days after Arsen approached our firm. Holding a valid foreign passport was one of the essential conditions for obtaining a permanent settlement permit.
Arsen, who had never paid attention to his passport's expiration date before, was quite surprised and decided to renew it immediately, following the lawyer's advice to contact the consular section of the Embassy of the Republic of Armenia in Germany. However, the consulate informed him that his passport would not be renewed until Arsen fulfilled his military service obligation in Armenia. What's more, it turned out that a criminal case had already been opened against our client in Armenia for evading conscription into the Armenian Armed Forces.
Shocked by this news, Arsen asked our lawyer to explain to him whether he really was obligated to serve in Armenia's army despite living permanently in Germany, and also to help him obtain valid identification, since our client not only wanted to obtain a permanent settlement permit but also had to take part in a major international tour organized for the theater company he worked for — and without a foreign passport, our client simply could not travel.
The lawyer explained to Arsen that, under Article 3(1) of the Republic of Armenia's Law "On Military Duty," military duty is a constitutional obligation of citizens to take part in defending the Republic of Armenia. Persons subject to military duty include male citizens of pre-conscription and conscription age, as well as those on the reserve register, and female citizens who hold a military specialty or have completed military service. Male conscripts aged 18 to 27, and first-category reserve officers found medically fit for peacetime military service, are called up for mandatory military service regardless of where they permanently reside. Moreover, holding the citizenship of another country does not exempt Armenian citizens from the obligation to perform military service back home.
However, since Arsen had no intention of returning to Armenia to perform military service, our lawyer proposed an alternative solution: applying to the German immigration authority for a foreigner's passport, which would serve as valid identification.
Delighted, Arsen gave our law firm the corresponding instruction, and the lawyer immediately began drafting a well-reasoned petition, which was subsequently submitted to the German immigration authority. In order to provide the authority with supporting evidence, the lawyer contacted Arsen's employer requesting a letter confirming the need for our client's participation in the theater's upcoming world tour, as well as Arsen's value to the dance company.
In the petition submitted to the competent authority, the lawyer explained that our client, as an Armenian citizen, was subject to military duty under that country's laws and therefore was required to perform military service in Armenia. Insisting on the fulfillment of that constitutional obligation, the consular section of the Armenian Embassy in Germany had refused to renew Arsen's foreign passport. The lawyer, however, emphasized that Germany had been the center of our client's life since the age of 17: it was where Arsen had received his education and where he had been working for several years as a dancer at one of Germany's renowned theaters. As a result, our client had virtually no remaining ties to Armenia.
The lawyer also drew the authority's particular attention to the fact that the dance company's world tour was scheduled to begin in just a couple of weeks. For that reason, it was especially important for our client to obtain identification documents as quickly as possible. The lawyer also submitted to the immigration authority a letter from the theater's director stating that Arsen was a highly talented dancer who often performed lead roles in productions, and that his participation in the company's world tour was therefore very important not only to Arsen himself, but to the entire theater company.
Our lawyer also informed the authority that, under the Republic of Armenia's law "On Citizens Who Failed to Perform Mandatory Military Service in Violation of the Established Procedure," Armenian citizens who were not conscripted for mandatory military service between 1992 and 1 May 2015 (i.e., who evaded conscription) in violation of the Law "On Military Duty," and who have since turned 27 (or 35 for reserve officers), are entitled to pay a fee for each missed (evaded) conscription cycle, after which they are issued a decision by the relevant authority terminating the criminal proceedings against them, along with a military service record book.
However, that law did not apply to our client, since Arsen had not yet turned 27 as of 1 May 2015. He was therefore unable to pay the fee and demand that the consulate renew his foreign passport.
Given the facts set out above, our client had only one option for obtaining valid identification: a foreigner's passport issued by the immigration authority. For that reason, our lawyer asked the authority to grant the petition and issue Arsen that passport.
Having received exhaustive information about the applicable Armenian legislation and taking into account our lawyer's arguments, the immigration authority decided to grant our client's petition and issue Arsen a foreign national's passport.
Delighted by how quickly the matter had been resolved, Arsen set off on the world tour with his dance company, and upon his return also obtained a permanent settlement permit in Germany.
This example from our law firm's own practice clearly illustrates how a timely consultation with a qualified lawyer can help you avoid unnecessary trouble in resolving your problems. What's more, a lawyer with broad experience across different areas of law can suggest alternative solutions to various issues that will lead you to the outcome you're looking for.
All rights reserved. Copying or republishing this article requires a link to the original source.
