Asylum seekers; application for a removal permit

A right to move out of the shared accommodation exists by law according to Art. 4 para. 3 sentence 1 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 under § 1 AsylbLG and for four years the initial asylum procedure is completed,

if another accommodation (especially private housing), whose expenses do not exceed the reasonable extent, was proven and the move out at least two months before the competent authority was notified.
. This does not apply in principle in the case of delinquency, identity deception or repeated violations of asylum and residence law obligations to cooperate (Art. 4 Abs. 4 S.1 AufnG); in these cases, a case-by-case examination of the right to move out takes place.

In addition, in justified exceptional cases, according to Art. 4 para. 5 AufnG, the departure from the shared accommodation can be permitted at the due discretion of the competent authority. This can be done in particular if

• illness makes accommodation in a shared accommodation unreasonable, due to pregnancy accommodation in a shared accommodation is inappropriate,
• persons who are entitled to benefits under § 1 AsylbLG have a sufficiently high earned income or assets, so that they can bear the entire cost of living for themselves or, if they have a family, their family,
• spouses or parents and their minor children have different alien status 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 is generally not present in the case of persons who are not in possession of valid passports, although they could reasonably obtain a passport, or who do not cooperate in the procurement of home travel documents (Art. 4 para. 5 p. 3 AufnG).

All permits to take up residence outside a shared accommodation or decentralized accommodation (in particular private housing) are granted subject to revocation, so that they can be revoked at any time if the relevant reasons cease to apply. In this case, the obligation of the person to live in a shared accommodation or decentralized accommodation comes back to life.

For the determination of the right to move out or the permission to move out is in the case of accommodation in state-run collective accommodations according to § 7 para 4 p. 1 DVAsyl the government and in the case of accommodation in decentralized accommodation according to § 7 para 4 p. 3 DVAsyl the respective district office or the district-free municipality responsible as far as the new residence within the previous district / the previous district-free municipality should be. If the departure from a decentralized accommodation is to take place and the new domicile outside of the past district / the past independent municipality lie, again the government is responsible after § 7 exp. 4 p. 4 DVAsyl.

The determination of the right to move out may be permitted only in consultation and the permission of the move out only in agreement with the respective responsible foreigners authority (§ 7 Abs. 4 S. 2 DVAsyl). In addition, the decision is made in accordance with § 7 para 4 p. 1 DVAsyl always in consultation with the county or the independent municipality (local carrier).

If there is a right to move out by virtue of law according to Art. 4 para. 3 AufnG, the move-out must be notified to the competent government at least 2 months in advance.