Asylum seekers, recognized refugees and tolerated persons may be subject to conditions regarding their place of residence. This means that they are not free to choose their place of residence. Under certain circumstances, they may even require permission to reside outside a certain location.
Violations of the conditions are administrative offenses. They can lead to fines, but also to the withdrawal of social benefits. They can also reduce the chances of obtaining a humanitarian right of residence.
Recognized refugees and persons with a residence permit for humanitarian reasons such as Ukrainian war refugees are subject to a residence regulation. This means that they must remain in the federal state in which the asylum procedure was completed. This requirement is intended to promote integration, particularly with regard to the acquisition of the German language and integration opportunities in the training and labor market. It can apply for up to 3 years . In the case of persons entitled to asylum, persons with refugee status and persons entitled to subsidiary protection, the period applies from the date of issue of the BAMF decision. Otherwise, the 3-year period begins when the residence permit is issued by the immigration authority. It is noted in the residence permit.
The residence regulation can be revoked before the deadline expires. If it exists, an application for deletion can be submitted to the local immigration authority with appropriate justification and evidence. The foreigners authority at the place of immigration must also give its consent. The immigration authorities weigh up whether the condition is an obstacle to integration or whether the reasons for the removal are conducive to integration.
Reasons why the residence regulation can be lifted are, for example, that vocational training or studies are to be taken up at another place of residence. The residence regulation is lifted or not granted at all if the recognized refugee is employed for at least 15 hours per week and thus earns a minimum income (2025: €1,170.67).
If the residence regulation has been revoked and the reasons that led to the revocation no longer apply after 3 months, a new residence regulation must be imposed. A re-imposed residence regulation has no effect on the above-mentioned 3-year period.
Anyone who applies for asylum is generally initially obliged to live in an initial reception center . This obligation applies for up to 18 months, for applicants from so-called safe countries of origin in accordance with Annex II of the Asylum Act for an unlimited period. Refugee families may be accommodated in an initial reception center for a maximum of 6 months.
Persons who are accommodated in an initial reception center are subject to a residence obligation. This means that they are not allowed to leave the place assigned to them, or only with permission. Persons who do not have to live in an initial reception center but have not yet lived in Germany for 3 months without interruption on a permitted, tolerated or authorized basis are also only permitted to stay in the district of the foreigners authority.
NOTE: The foreigners authority can also impose a residence obligation as a sanction measure , for example in the event of a conviction for a criminal offense.
Once the obligation to live in an initial reception facility has expired, accommodation is usually provided in shared accommodation.
Refugees with a residence permit are given a residence requirement if they are not (or no longer) obliged to live in an initial reception facility but are unable to support themselves. The background to this is the burden-based distribution of social costs to the municipalities. The residence requirement can apply to a specific place of residence or special accommodation. A residence requirement means that the place of residence may not be changed, but unlike the residence obligation, freedom of travel is not restricted.
Upon application, the residence requirement can be changed or lifted if convincing reasons are presented. If, for example, proof is provided that the person's livelihood is secured in the long term, the residence requirement is regularly lifted.
Refugees with tolerated status are subject to a residence requirement if they are not (or no longer) obliged to live in an initial reception center but are unable to secure their own livelihood. It can also be imposed as a sanction measure in the event of breaches of obligations to cooperate. The residence requirement can apply to a specific place of residence or specific accommodation.
Upon application, the residence requirement can be changed or lifted if convincing reasons are presented. If, for example, proof is provided that the person's livelihood is secured in the long term, the residence requirement is regularly lifted. For tolerated persons with an unclear identity , however, the residence requirement is permanent.
Tolerated persons may also be subject to a residence obligation , i.e. they may not leave a certain place without permission. As a rule, this only applies for the first 3 months of their stay in Germany. However, it can be ordered as a sanction measure , e.g. in the event of a conviction for a criminal offense or if specific measures to terminate residence are imminent. A residence obligation should also be ordered if deportation has been prevented due to deception or false identity information.
ATTENTION: Even without a residence requirement or residence obligation, a tolerated person who wishes to change their residence or leave the district of the immigration authority for more than 3 days must notify the immigration authority in advance.
You can find out how to change or cancel your residence permit here for more information.
INFOBOX
Important contacts/points of contact:
SAMM – Service Centre for Work and Migration in Central Saxony
Tel.: +49 (0) 3731 799 -3697 | -4622
Email: samm@landkreis-mittelsachsen.de
Website: https://welcome-mittelsachsen.de/
Visiting address:
Am Rotvorwerk 3
09599 Freiberg (Zug district)