Asylum seekers; application for permission to move out

A right to move out of the shared accommodation exists by law in accordance with Art. 4 para. 3 sentence 1 of the Reception Act (AufnG) for

• Families or single parents with at least one minor child after completion of the initial asylum procedure before the Federal Office for Migration and Refugees, if deportation is impossible for factual or legal reasons and
• Persons who are entitled to benefits in accordance with § 1 AsylbLG and whose initial asylum procedure has been completed four years ago,

if other accommodation (in particular private accommodation), the costs of which do not exceed a reasonable amount, can be proven and the competent authority has been notified of the move at least two months in advance.
In principle, this does not apply in the case of criminal offences, misrepresentation of identity or repeated breaches of obligations to cooperate under asylum and residence law (Art. 4 Para. 4 S.1 AufnG); in these cases, eligibility to move out is assessed on a case-by-case basis.

In addition, in justified exceptional cases in accordance with Art. 4 Para. 5 AufnG, removal from the shared accommodation may be permitted at the discretion of the competent authority. This can be done in particular if

• illness makes accommodation in shared accommodation unreasonable, accommodation in shared accommodation is inappropriate due to pregnancy,
• Persons who are entitled to benefits in accordance with § 1 AsylbLG have a sufficiently high earned income or assets so that they can support themselves or, if they have a family, their family,
• Spouses or parents and their minor children have different statuses under immigration law and at least one person is entitled to move out of the shared accommodation on the basis of their residence status.

The existence of a justified exceptional case must be proven by appropriate evidence.
However, a justified exceptional case does not generally apply to persons who are not in possession of valid passports, although they could reasonably obtain a passport, or who do not cooperate in obtaining home travel documents (Art. 4 para. 5 sentence 3 AufnG).

All permits to take up residence outside of shared accommodation or decentralized accommodation (in particular private accommodation) are granted subject to revocation, meaning that they can be revoked at any time if the relevant reasons no longer apply. In this case, the person's obligation to live in shared or decentralized accommodation is reinstated.

In the case of accommodation in state-run shared accommodation, the government is responsible for determining the entitlement to move out or allowing the move out in accordance with § 7 Para. 4 S. 1 DVAsyl and in the case of accommodation in decentralized accommodation in accordance with § 7 Para. 4 S. 3 DVAsyl, the respective district office or the district-free municipality is responsible if the new place of residence is to be within the previous district / the previous district-free municipality. If you are moving out of decentralized accommodation and your new place of residence is outside of the previous district/municipality, the government is again responsible in accordance with § 7 Para. 4 S. 4 DVAsyl.

Determination of eligibility to leave may only be made in consultation with and permission to leave may only be granted in consultation with the competent immigration authority (§ 7 para. 4 sentence 2 DVAsyl). In addition, the decision is always made in consultation with the district or independent municipality (local authority) in accordance with § 7 Para. 4 S. 1 DVAsyl.

If you are entitled to move out by law in accordance with Art. 4 Para. 3 AufnG, you must notify the responsible government at least 2 months in advance.

• Art. 4 para. 3, 4 and 5 Act on the Reception and Accommodation of Persons Entitled to Benefits under the Asylum Seekers Benefits Act (Reception Act - AufnG)
• § Section 7 (4) Ordinance on the Implementation of the Asylum Act, the Asylum Seekers' Benefits Act, the Reception Act and Section 12a of the Residence Act (Asylum Implementation Ordinance - DVAsyl)