Residence permit; issuing and applying for extension of the certificate
Brief description
As a general rule, a foreign national is permitted to remain in Germany during the asylum proceedings.
Description
The residence permit certificate (§ 63 AsylG) is issued to asylum seekers for a limited period of time for the duration of the asylum procedure. It certifies lawful residence during the asylum procedure, but - unlike the residence permit, for example - is not a residence title.
This is based on the fundamental right to asylum (Art. 16a of the Basic Law) and the provisions of the Asylum Act (see service "Asylum procedure; information on the asylum application" and "Related topics"). These regulations are enforced solely by the Federal Office for Migration and Refugees (Federal Office).
As long as the foreigner is obliged to live in the reception center, the Federal Office is responsible for issuing the residence permit; otherwise, the foreigners authority to whose district the residence permit is limited 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 center is located or in whose district the asylum seeker is obliged to reside (§ 56 AsylG). Exceptions to this are possible in accordance with §§ 57 and 58 AsylG. The geographical restriction expires by law if the foreigner has been 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 center responsible for their admission continues (§ 59a AsylG). In the case of criminals, suspects of narcotics offenses, if concrete measures to terminate the stay 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 can be ordered again (§ 59b AsylG).
An asylum seeker who is not (or no longer) required to live in a reception facility and whose means of support are not secured is generally still required to establish his or her habitual residence at an assigned location (the so-called residence requirement, § 60 of the Asylum Act).
Special information for the Bad Tölz-Wolfratshausen districtUnder Forms you will find the authorization to collect an eAT.
Prerequisites
You have applied for asylum.
Deadlines
noneRequired documents
national identity documents (if available)Forms
Special information for the Bad Tölz-Wolfratshausen districtCosts
noneLegal basis
Legal remedy
Administrative court actionFurther links
- Asylum procedure
Information from the Federal Office for Migration and Refugees
- Asylum procedure
Procedure
A certificate of temporary residence is issued when an asylum application has been filed. It is extended if a decision on the asylum application has not yet been made or if appeals are still pending.
Related services