Last Updated on June 1, 2021 by LawEuro
Asylum Act (Germany)
Chapter 6
Right of residence during the asylum procedure
Section 55
Permission to remain pending the asylum decision (Aufenthaltsgestattung)
(1) Foreigners seeking asylum shall be permitted to remain in the federal territory while the asylum procedure is pending, once they have been issued an arrival certificate. They shall not be entitled to reside in a specific Land or a specific place. In cases where an arrival certificate has not been issued, permission to remain pending the asylum decision results from filing an asylum application.
(2) Filing an asylum application shall automatically cancel any exemption from the obligation to hold a residence title, cancel any residence title with an overall validity of up to six months and cancel the effects of an application for a residence title listed in Section 81 (3) and (4) of the Residence Act. Section 81 (4) of the Residence Act shall remain unaffected if the foreigner has held a residence title with an overall validity of more than six months and has applied for its extension.
(3) To the extent that acquiring or exercising a right or a privilege depends on the length of the stay in the federal territory, the length of stay pursuant to subsection 1 shall be counted only if the foreigner has been granted asylum or international protection within the meaning of Section 1 (1) no. 2.
Section 56
Geographic restrictions
(1) Permission to remain pending the asylum decision shall be limited to the district of the foreigners authority where the reception centre responsible for receiving the foreigner is located.
(2) If the foreigner is required to take up residence in the district of another foreigners authority, permission to remain pending the asylum decision shall be limited to that district.
(3) (repealed)
Section 57
Leaving the area of a reception centre
(1) A foreigner required to live in a reception centre may be permitted by the Federal Office to temporarily leave the area specified in his permit issued pending the asylum decision if compelling reasons so require.
(2) Such permission should be granted without delay in order to enable the foreigner to keep appointments with authorized representatives, the United Nations High Commissioner for Refugees and organizations providing welfare services to refugees.
(3) The foreigner shall need no permission to attend appointments at authorities or court hearings where his personal appearance is necessary. He shall inform the reception centre and the Federal Office of such appointments.
Section 58
Leaving an assigned area of residence
(1) A foreigner who is not or no longer required to live in a reception centre may be allowed by the foreigners authority to temporarily leave the area for which his permission to remain pending the asylum decision is valid or to generally remain in the district of another foreigners authority. This permission shall be granted if an urgent public interest applies, if it is necessary for compelling reasons or if refusing permission would constitute undue hardship. This permission shall be granted as a general rule, if the foreigner intends to take up employment as permitted by Section 61 (2) or if necessary for the purposes of school attendance, of basic and advanced occupational training or of studying at a state or state-recognized university or a comparable educational establishment. This permission shall require the consent of the foreigners authority for whose district the general stay is permitted.
(2) Such permission is to be granted without delay in order to enable the foreigner to keep appointments with authorized representatives, the United Nations High Commissioner for Refugees and organizations providing welfare services to refugees.
(3) The foreigner shall need no permission to attend appointments at authorities or court hearings where his personal appearance is necessary.
(4) The foreigner may temporarily leave the area for which permission to remain pending the asylum decision is granted without permission, if a court required the Federal Office to grant the foreigner asylum or international protection within the meaning of Section 1(1) no. 2, or to determine whether the conditions referred to in Section 60 (5) or (7) of the Residence Act are met, even if this decision is still contestable. The first sentence shall apply accordingly to family members within the meaning of Section 26 (1) to (3).
(5) The foreigners authority of a district (Kreis) or a municipality belonging to a district may grant a foreigner the general permission to stay temporarily anywhere within the district.
(6) In order to take local circumstances into account, Land governments may provide by statutory instrument that foreigners shall need no permission to stay temporarily in an area encompassing the jurisdiction of multiple foreigners authorities or the area encompassing a whole Land, or to stay in another Land, provided there is agreement between the governments of the Länder concerned.
Section 59
Enforcing geographic restrictions
(1) If necessary, the obligation to leave pursuant to Section 12 (3) of the Residence Act may, even without prior notification, be enforced by means of direct force. The travel route and means of transport are to be prescribed.
(2) The foreigner shall be arrested and taken into custody upon order of the court in order to enforce the obligation to leave, if it cannot be guaranteed that he would voluntarily comply with the obligation to leave also in the cases listed in Section 59a (2) and if it would otherwise be considerably more difficult or even impossible to enforce this obligation.
(3) Measures pursuant to subsections 1 and 2 above shall be the responsibility of
1. the police forces of the Länder,
2. the border authority where the foreigner requests asylum,
3. the foreigners authority in whose district the foreigner is staying,
4. the reception centre where the foreigner registers and
5. the reception centre which has received the foreigner.
Section 59a
Expiry of geographic restrictions
(1) The geographic restriction pursuant to Section 56 shall expire when the foreigner has resided in the federal territory for three months without interruption by virtue of his deportation having been suspended, by holding a temporary residence or permanent settlement permit or by being permitted to remain in the federal territory pending the asylum decision. In derogation from the first sentence, the geographic restriction shall not expire as long as the foreigner has to live in the reception centre which is responsible for receiving him.
(2) Geographic restrictions shall remain in force after the permission to remain pending the asylum decision expires, but no longer than the point in time determined in subsection 1. In derogation from the first sentence, geographic restrictions shall expire when residence is regarded as legal under Section 25 (1) third sentence or Section 25 (2), second sentence of the Residence Act or when a residence title is issued.
Section 59b
Ordering geographic restrictions
(1) Irrespective of Section 59a (1), the responsible foreigners authority may order that permission to remain pending the asylum decision be subject to geographic restrictions, if
1. the foreigner has been sentenced incontestably on account of criminal offences which can only be committed by foreigners,
2. there are facts indicating that the foreigner has violated the Narcotics Act, or
3. concrete measures to terminate the foreigner’s residence are imminent.
(2) Sections 56, 58, 59 ad 59a (2) shall apply accordingly.
Section 60
Restrictions
(1) Foreigners who are not or no longer required to live in a reception centre and whose subsistence is not secured (Section 2 (3) of the Residence Act), shall be required to take up residence at the place referred to in the allocation decision pursuant to Section 50 (4) (residence restriction). Where foreigners are distributed among the Länder in line with Section 51, the residence restriction shall refer to the place of residence resulting from the distribution. Foreigners may temporarily leave the place mentioned in the residence restriction without permission.
(2) Foreigners who are not or no longer required to live in a reception centre and whose subsistence is not secured (Section 2 (3) of the Residence Act), may be required
1. to live in a specific municipality or private or public accommodation,
2. to move to a specific municipality or private or public accommodation, or
3. to take up habitual residence and private or public accommodation in the district of another foreigners authority of the same Land.
An interview with the foreigner shall be required in cases pursuant to the first sentence, no. 2 if he has stayed in the municipality or private or public accommodation for longer than six months. The hearing shall be deemed to have taken place if the foreigner or his legal representative have been given the opportunity to comment on the accommodation arrangements within a period of two weeks. A hearing shall be dispensed with if it conflicts with compelling public interests.
(3) Responsibility for the measures pursuant to subsection 1, first sentence shall rest with the Land authority which is responsible pursuant to Section 50. The decision on the residence restriction shall be taken together with the allocation decision pursuant to Section 50. Responsibility for the measures pursuant to subsection 1, second sentence shall rest with the Land authority which is responsible pursuant to Section 51 (2), second sentence. The decision on the residence restriction should be taken together with the allocation decision pursuant to Section 51 (2), second sentence. Responsibility for the measures pursuant to subsection 2 shall rest with the foreigners authority which is responsible for the district in which the municipality or private or public accommodation is located.
Section 61
Employment
(1) Foreigners shall not be allowed to take up paid employment as long as they are required to stay in a reception centre.
(2) An asylum applicant who has stayed in the federal territory for three months on the basis of permission to remain pending the asylum decision may, in derogation from Section 4 (3) of the Residence Act, be permitted to take up employment if the Federal Employment Agency has granted its approval or a statutory instrument stipulates that taking up such employment is permissible without the approval of the Federal Employment Agency. Previous periods of tolerated or lawful residence shall be counted as part of the waiting period under the first sentence. Sections 39, 40 (1) no. 1 and (2) and Sections 41 and 42 of the Residence Act shall apply accordingly. A foreigner from a safe country of origin as defined in Section 29a who has applied for asylum after 31 August 2015 may not be permitted to work during the asylum procedure.
Section 62
Medical examination
(1) Foreigners who are required to stay in a reception centre or in collective accommodation shall be required to undergo a medical examination for communicable diseases including an x-ray of the respiratory organs. The supreme health authority of the Land or an authority designated by it shall determine the extent of the medical examination and the physician to conduct the examination.
(2) The authority responsible for the foreigner’s accommodation shall be informed of the examination results. If the examination shows that the foreigner has or may have a notifiable disease as defined in Section 6 of the Infection Protection Act or is infected with a pathogen as defined in Section 7 of the Infection Protection Act, the Federal Office shall also be informed of the examination result.
Section 63
Certificate confirming permission to remain pending the asylum decision
(1) Within three working days of filing an asylum application, the foreigner shall be issued a certificate confirming his permission to remain pending the asylum decision containing his photograph and personal information, unless he has a residence title. In the case of subsection 3, second sentence, the foreigner shall be requested at the time of filing an asylum application to apply to the responsible foreigners authority for this certificate within the period specified in the first sentence.
(2) The certificate shall be valid for a limited period. As long as the foreigner is required to reside in a reception centre, it shall be valid for no more than three months, and otherwise for no more than six months.
(3) The Federal Office shall be responsible for issuing the certificate while the foreigner is required to reside in a reception centre. Otherwise, responsibility shall lie with the foreigners authority to whose district the permission to remain pending the asylum decision is limited or in whose district the foreigner has to take up residence. Conditions and changes to geographic restrictions and the relevant orders (Section 59b) may also be indicated in the certificate by the authorities which have imposed such conditions or changes.
(4) The certificate should be withdrawn when the permission to remain pending the asylum decision expires.
The certificate shall contain the following information:
1. the date on which the arrival certificate according to Section 63a (1), second sentence, no. 12, was issued, and
2. the date on which the asylum application was filed.
As for the rest, Section 78a (5) of the Residence Act shall apply accordingly.
Section 63a
Registration certificate for asylum seekers
(1) A foreigner who has requested asylum and who has been photographed and fingerprinted in line with the provisions of this Act or of the Residence Act but who has not filed an application for asylum will be issued with a registration certificate for asylum seekers without delay (arrival certificate). This document shall contain the following visibly displayed items of information:
1. surname and first names,
2. maiden name,
3. photograph,
4. date of birth,
5. place of birth,
6. abbreviation of the nationality,
7. sex,
8. height and eye colour,
9. responsible reception centre,
10. serial number of the certificate (arrival certificate number)
11. issuing authority,
12. date of issue.
13. holder’s signature,
14. duration of validity,
15. extension note,
16. file number issued by the registration authority (Central Register of Foreigners)
17. note stating the surnames and first names of accompanying minor children and young persons,
18. note that the items of information are based on information furnished by the foreigner,
19. note stating that the certificate does not suffice to meet the holder’s obligation to have and present identification papers,
20. machine-readable zone, and
21. barcode.
The zone for automatic reading shall contain the items of information referred to in the second sentence nos. 1, 4, 6, 7, 10 and 14, the abbreviation “MED”, check digits and blank spaces. The barcode is generated automatically and shall contain the items of information referred to in the third sentence, a digital signature and the number issued by the Central Register of Foreigners. A child aged 10 or over at the time the arrival certificate is issued shall sign his/her own certificate.
(2) The certificate under subsection 1 is to be issued for no longer than six months. In exceptional cases, it should be extended for a maximum of three months a time, if
1. the foreigner was not given an appointment at the branch office of the Federal Office under Section 23 (1) before the expiry of the period pursuant to the first sentence or the extended period pursuant to the first part of this sentence,
2. the foreigner was given an appointment at the branch office of the Federal Office under Section 23 (1) outside the period pursuant to the first sentence or the extended period pursuant to the first part of this sentence,
3. the foreigner fails to attend the appointment for reasons beyond his control.
(3) The reception centre to which the foreigner has been assigned shall be responsible for issuing, changing the address or extending a certificate under subsection 1, unless the branch office of the Federal Office assigned to this reception centre takes the picture and fingerprints of the foreigner or processes his personal data. If the foreigner is no longer required to live in the reception centre, the responsibility for issuing the certificate shall rest with the foreigners authority in whose district the foreigner is required to stay or take up residence; if this requirement does not exist, responsibility shall rest with the foreigners authority in whose district the foreigner is actually staying.
(4) The validity of the certificate referred to in subsection 1 shall expire as soon as the period referred to in subsection 2, first sentence, expires, upon issue of the certificate confirming permission to remain pending the asylum decision in accordance with Section 63, or upon expiry of permission to remain pending the asylum decision in accordance with Section 27. Upon issue of the certificate confirming permission to remain pending the asylum decision the certificate referred to in subsection 1 shall be withdrawn Responsibility for such withdrawal shall rest with the authority issuing the certificate confirming permission to remain pending the asylum decision.
(5) The holder is required to
1. present the arrival certificate to the reception centre, the Federal Office or the foreigners authority , if it contains incorrect information,
2. upon request, hand out to the reception centre, the Federal Office or the foreigners authority the arrival certificate upon receiving a new arrival certificate or permission to remain pending the asylum decision,
3. report the loss of the arrival certificate and, if it is found, present it to the reception centre, the Federal Office or the foreigners authority;
4. hand out, upon request, the arrival certificate to the reception centre, the Federal Office or the foreigners authority, if it does not allow the card holder’s identity to be established without doubt, or if it has undergone unauthorized changes without delay.
Section 64
Obligation to have and present identification papers
(1) For the duration of the asylum procedure the foreigner shall comply with the requirement to have and present identification papers by having and presenting the certificate confirming his permission to remain pending the asylum decision.
(2) The certificate shall not authorize the foreigner to cross the border.
Section 65
Return of passport
(1) After the foreigner has filed the asylum application, the passport or passport substitute shall be returned to the him if it is not needed in the further course of the asylum procedure and if the foreigner holds a residence title or if the foreigners authority grants him a residence title pursuant to the provisions of other laws.
(2) The passport or passport substitute may be temporarily returned to the foreigner if necessary for travel in cases pursuant to Section 58 (1) or if necessary in order to renew the passport or to prepare the foreigner’s departure. After the expiry of a geographic restriction (Section 59a) the first sentence shall apply accordingly to travel.
Section 66
Alerts to determine the foreigner’s whereabouts
(1) In order to establish a foreigner’s whereabouts, an alert may be entered in the Central Register of Foreigners and in the police search systems if the foreigner’s whereabouts are unknown and if
1. he fails to arrive within one week at the reception centre to which he has been referred,
2. he has left the reception centre and has failed to return within one week,
3. he has failed to comply within one week with an allocation order or an order pursuant to Section 60 (2), first sentence, or
4. if he cannot be reached at the address he gave or at the address of the accommodation where he is required to reside;
the conditions under no. 4 shall be met if the foreigner has failed to receive, within a period of two weeks, a message delivered to the address.
(2) The reception centre, the foreigners authority in whose district the foreigner is required to stay or to take u residence and the Federal Office shall be responsible for taking action to have an alert issued. Action to have an alert issued may only be taken by persons who are specially authorized to do so.
Section 67
Expiry of permission to remain pending the asylum decision
(1) Permission to remain pending the asylum decision shall expire
1. if the foreigner is refused entry or removed pursuant to Section 18 (2) and (3),
1a. (repealed)
2. if the foreigner fails to file an asylum application within two weeks of being issued an arrival certificate,
3. upon delivery of the Federal Office’s decision to the foreigner, if the asylum application has been withdrawn;
4. if a notification announcing deportation issued pursuant to the provisions of this Act or pursuant to Section 60 (9) of the Residence Act has become enforceable,
5. upon a deportation order pursuant to Section 34a becoming enforceable,
5a. upon announcement of a deportation order pursuant to Section 58a of the Residence Act
6. otherwise, if the decision of the Federal Office has become incontestable.
If, in the cases covered by Section 23 (1), the appointment at the branch office of the Federal Office lies outside the time limit derived from the first sentence, no. 2, permission to remain pending the asylum decision shall only expire according to this provision if the foreigner has not filed an asylum application by the date of the appointment.
(2) Permission to remain pending the asylum decision shall become effective again, if
1. a procedure which has been discontinued according to Section 33 (5), first sentence, is resumed, or
2. if the foreigner files the asylum application after the time limit referred to in subsection 1, first sentence, no. 2 or second sentence.
Section 68 (repealed)
Section 69 (repealed)
Section 70 (repealed)
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