Residence permit; issuance and extension

A foreigner seeking asylum is generally allowed to stay in the federal territory during the asylum procedure.

Description

The certificate of residence (§ 63 AsylG) is issued to asylum seekers for a limited period of time for the duration of the asylum procedure. It certifies a legal stay during the asylum procedure, but - unlike the residence permit, for example - it is not a residence title.

It is based on the fundamental right to asylum (Article 16a of the Basic Law) and the provisions of the Asylum Act (see service "Asylum Procedure; Application for Asylum" and "Related Topics"). These regulations are enforced solely by the Federal Office for Migration and Refugees (Bundesamt).

As long as the foreigner is obliged to live in the reception facility, the Federal Office is responsible for issuing the residence permit; otherwise, the foreigners authority to whose district the residence permit is restricted or in whose district the foreigner is to take up residence.

The residence permit is initially limited to the district of the foreigners authority in which the responsible reception facility is located or in whose district the asylum seeker is obliged to take up residence (Section 56 Asylum Act). Exceptions to this are possible according to §§ 57 and 58 AsylG. The territorial restriction expires by operation of law if the foreigner has been staying in the federal territory for three months without interruption on a permitted, tolerated or authorized basis. This does not apply if the foreigner's obligation to reside in the reception facility responsible for his or her admission continues (Section 59a Asylum Act). In the case of criminals, suspects of narcotics offenses, if concrete measures to terminate residence are imminent or if the foreigner poses a considerable danger to internal security or to the life and limb of third parties, the spatial restriction may be ordered again (Section 59b Asylum Act).

An asylum seeker who is not (or no longer) obliged to live in a reception facility and whose livelihood is not secured is, as a rule, nevertheless obliged to take up his or her habitual residence in an assigned place (so-called residence requirement).

Prerequisites

The certificate of residence is issued when an application for asylum has been filed. It is extended if a decision on the asylum application has not yet been made or if appeals are still pending.

Deadlines

none

Required documents

  • National identification documents (to the extent available)

Fees

  • none

Remedy

Administrative court proceedings; information

administrative claim

Links to more information

  • Asylverfahren

    Informationen des Bundesamts für Migration und Flüchtlinge

Status: 12.01.2022

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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