Residence Permit; Issuance and Application for Extension of the Certificate

The certificate of temporary residence authorization (Section 63 of the Asylum Act) is issued to asylum seekers for a limited period, covering the duration of the asylum proceedings. It certifies lawful residence during the asylum proceedings but—unlike, for example, a residence permit—is not a residence permit.

It is based on the fundamental right to asylum (Art. 16a of the Basic Law) and the provisions of the Asylum Act (see “Asylum Proceedings; Information on Asylum Applications” and “Related Topics”). These regulations are administered exclusively by the Federal Office for Migration and Refugees (Federal Office).

As long as the foreign national is required to reside in the reception facility, the Federal Office is responsible for issuing the temporary residence permit; otherwise, the responsibility lies with the Foreigners’ Registration Office in whose district the temporary residence permit is restricted or in whose district the foreign national is required to take up residence.

The residence permit is initially limited geographically to the district of the Foreigners’ Registration Office in which the relevant reception facility is located or in whose district the asylum seeker is required to reside (Section 56 of the Asylum Act). Exceptions to this are possible under Sections 57 and 58 of the Asylum Act (AsylG). The geographical restriction expires by operation of law if the foreign national has been residing in the federal territory for three consecutive months with permission, tolerance, or authorization. This does not apply if the foreign national’s obligation to reside in the reception facility responsible for his or her reception continues (Section 59a of the Asylum Act). In the case of criminals, persons suspected of narcotics offenses, when concrete measures to terminate residence are imminent, or when the foreign national poses a significant threat to internal security or to the life and limb of third parties, the geographical restriction may be reimposed (Section 59b of the Asylum Act).

An asylum seeker who is not (or no longer) required to reside in a reception facility and whose means of subsistence are not secured is, as a rule, nevertheless required to establish his or her habitual residence at an assigned location (so-called residence requirement, § 60 of the Asylum Act).

You have filed an asylum application. 

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.

• national identification documents (if available)