Asylum Seekers; Applying for Permission to Move Out

Under Article 4(3), sentence 1, of the Reception Act (AufnG), families or single parents with at least one minor child are entitled by law to move out of shared housing

• families or single parents with at least one minor child after the initial asylum proceedings before the Federal Office for Migration and Refugees have been concluded, provided that deportation is impossible for factual or legal reasons, and
• persons who are eligible for benefits under § 1 of the Asylum Seekers Benefits Act (AsylbLG) and whose initial asylum proceedings were concluded four years ago,

provided that alternative housing (in particular, a private residence) whose costs do not exceed a reasonable amount has been demonstrated and the move has been reported to the competent authority at least two months in advance.
This generally does not apply in cases of criminal activity, identity fraud, or repeated violations of the obligations to cooperate under asylum and residence law (Art. 4(4), sentence 1, AufnG); in these cases, eligibility to move out is assessed on a case-by-case basis.

Furthermore, in justified exceptional cases pursuant to Art. 4(5) of the Reception Act (AufnG), moving out of shared housing may be permitted at the discretion of the competent authority. This may occur in particular if

• illness makes accommodation in a shared facility unreasonable, accommodation in a shared facility is inappropriate due to pregnancy,
• persons entitled to benefits under § 1 of the AsylbLG have a sufficiently high earned income or assets to cover their entire living expenses for themselves or, if they have a family, for their family,
• spouses or parents and their minor children have different immigration statuses, and at least one person is entitled to move out of the shared housing facility based on their residency status.

The existence of a justified exceptional case must be substantiated by appropriate supporting documentation.
However, a justified exceptional case generally does not exist for persons who do not possess valid passports, even though they could reasonably obtain one, or who do not cooperate in obtaining documents for return travel (Art. 4, para. 5, sentence 3, AufnG).

All authorizations to take up residence outside a communal shelter or decentralized housing (in particular, a private apartment) are granted subject to revocation, meaning they may be revoked at any time if the relevant grounds no longer apply. In this case, the person’s obligation to reside in a shared accommodation facility or decentralized housing is reinstated.

For determining eligibility to move out or granting permission to move out, the state government is responsible in the case of accommodation in state-run group housing pursuant to § 7(4), sentence 1, of the Asylum Implementation Regulation (DVAsyl), and the respective county administrative office or independent municipality is responsible in the case of accommodation in decentralized housing pursuant to § 7( 4, sentence 3, of the DVAsyl, the respective district administration office or independent municipality is responsible, provided that the new place of residence is to be located within the previous district or independent municipality. If the move is to be made from a decentralized shelter and the new place of residence is to be located outside the previous county or independent municipality, the state government is again responsible pursuant to Section 7(4), sentence 4, of the DVAsyl.

The determination of eligibility to move out may only be made in consultation with, and authorization to move out may only be granted in agreement with, the respective competent immigration authority (Section 7(4), sentence 2, DVAsyl). Furthermore, pursuant to § 7(4), sentence 1, of the DVAsyl, the decision is always made in consultation with the district or the municipality not belonging to a district (local authority).

If a person is entitled by law to move out pursuant to Article 4(3) of the Admission Act, the move must be reported to the competent government authority at least 2 months in advance.