Who is affected by the new regulation?
The new obligation to notify your home country only applies to persons with international protection status. Check your residence document for the legal basis:
Your Residence permit | Meaning | Obligation to notify when traveling home | Risk of non-compliance |
|---|---|---|---|
§ Section 25 (1) AufenthG | Eligible for asylum | YES - absolutely necessary | Loss of protected status possible |
§ Section 25 (2) AufenthG | Recognized refugee or subsidiary protection | YES - absolutely necessary | Loss of protected status possible |
§ Section 25 (3) AufenthG | National ban on deportation | YES - absolutely necessary | Loss of protected status possible |
§ Section 26 (3) AufenthG | Settlement permit Refugee status | YES - absolutely necessary | Loss of Settlement permit possible |
§ Section 26 (4) AufenthG | Settlement permit (for integration) | YES - absolutely necessary | Loss of Settlement permit possible |
All other § | Education, work, studies, family | ❌ NO, not absolutely necessary | No risk |
No risk & no obligation to notify for residence permits e.g. according to § 23, § 23a, § 24, § 25 para. 4-5,
§ 25a/b AufenthG as well as for residence permits for work, study, family. You can find a detailed overview here.
A Settlement permit in accordance with Section 26 (3) or (4) AufenthG can also be revoked if it is based on a protection status. If you undertake a journey home without the obligation to notify the BAMF or cannot provide evidence of a morally compelling reason, you risk a revocation procedure that may lead to the revocation of your Settlement permit . In this case, the BAMF will check whether your protection status is still justified - and therefore also the basis of your Settlement permit.
What does the obligation to report a trip home under Section 47b AufenthG actually mean?
If you belong to the affected group, you must return to your home country before each trip:
- Report the trip to the Foreigners' office (not the BAMF)
- Enter the following information:
- Date of the planned trip
- Duration of stay
- Reason for the trip (particularly important for later evaluation)
Time of notification: Before departure (recommended: 2-3 weeks before). The notification must be made in writing (for your own safety). Ask for a confirmation of receipt.
The notification is not a travel permit. The Foreigners' office cannot prohibit your travel, but it will forward the information to the BAMF. After your return, the BAMF will check whether your protection status is still justified.
How do the authorities find out about your trip?
Many people ask themselves: "How do the authorities know that I have traveled?"
The answer is important to understand:
Direct routes:
- Border controls: On entry and exit, especially at airports
- Passport stamps: Every stamp is seen at subsequent visits to the authorities
- Random checks: During traffic checks or other occasions
Indirect paths:
- Jobcenter/Sozialamt: If you miss appointments or do not collect benefits
- Health insurance: For medical services abroad
- Registration office: For longer absences
- School/kindergarten: If your children are absent
- Employer: In case of unexplained absence
Exchange of information between authorities: According to Section 8 (1c) AsylG, the following authorities are obliged to report trips to the BAMF: Federal police (border police), immigration authorities, police authorities, social welfare offices, job centers.
Even short trips can attract attention through data exchange - don't underestimate this!
The legal consequences in detail
Consequence | What does that mean for you? |
|---|---|
Administrative offense | Fine of up to 1,000 euros in accordance with Section 98 (2) No. 2b AufenthG |
Revocation procedure | The BAMF will check whether you are still in need of protection |
Reversal of the burden of proof | You must prove that you had a compelling reason |
Loss of credibility | Your information will always be questioned |
Possible loss of status | Loss of protection status and thus of residence permit |
The presumption rule under Section 73 (7) AsylG: The law assumes: Anyone who travels to their home country no longer needs protection. You can only rebut this presumption if: The journey was made out of a "morally imperative duty", You can prove this with documents, The BAMF recognizes your reasons.
Exceptions "Morally imperative duties"
What are moral duties? Morally compelling reasons that justify traveling home despite protection status.
The law only permits travel in absolutely exceptional cases. Case law is very strict here:
✅ Recognized reasons (with evidence):
- End-of-life care for a close family member (parents, children, spouse)
Required: Medical certificate of life-threatening condition - Funeral of a close family member
Required: Death certificate - Acute danger to the life of a child or spouse
Required: Medical/official evidence - Caring for a close relative in acute need
Required: Medical/official evidence
❌ NOT recognized reasons:
- Weddings (including your own!)
- Family celebrations of any kind
- Illnesses that are not life-threatening
- Visit from relatives
- Settlement of inheritance matters
- Business matters
- Sale or management of property
- Homesickness or psychological stress
Duty of proof: You must present all documents that prove the reason for your trip. These must be translated and notarized.
Without sound evidence, you risk revocation of protection status - collect everything in advance!
The revocation procedure
The revocation procedure can cause great uncertainty for those affected. We have clearly summarized the most important steps in order to make the process easier to understand. The following diagram shows how such proceedings typically proceed - from initiation to possible legal consequences.
Practical recommendations for action
When a trip is unavoidable:
Before the trip:
- Collect all documents that prove the emergency
- Have all documents translated and notarized
- Go to the Foreigners' office in person
- Make the notification obligation in writing
- Ask for a written confirmation
- Copy all documents for your files
During the journey:
- Do not stay longer than absolutely necessary
- Avoid contact with the authorities in your home country
- Document the reason for the trip
- Keep all travel documents
After the journey:
- Expect mail from the BAMF
- Respond immediately to all letters
- Adhere to all deadlines
- Seek legal assistance
If you have already traveled without a report:
- Make up the complaint immediately (damage limitation)
- Prepare a detailed explanation
- Gather all the evidence for your reasons for traveling
- Seek legal assistance immediately
Do not ignore any deadlines - this will make your situation worse in the revocation procedure.
Special situations
✈️ Transit through the home country
⚠️ ATTENTION: Transit is also considered entry and must be reported! This applies even if you are only changing planes and do not leave the airport.
👶 Traveling with children
The obligation to notify also applies to underage children with protection status. Parents must report the trip for their children.
🏛️ Embassy visits to Germany
Visiting an embassy of your home country in Germany does NOT count as a trip. This is usually unproblematic for passport procurement purposes. However, you should obtain a certificate from the Foreigners' office beforehand.
Frequent misunderstandings
💭 "I am safe with a Settlement permit " - Wrong. A Settlement permit under Section 26 (3) or (4) AufenthG can also be revoked if it is based on a protection status.
💭 "A short journey is not noticeable " - Wrong. Border controls, passport stamps and data exchange between authorities make even short journeys traceable.
💭 "Family celebrations are a good reason " - Wrong. Only absolute emergencies are recognized. Weddings, birthdays or similar are not sufficient.
💭 "The notification is a travel permit " - Incorrect. The notification only documents your intention to travel. The BAMF will only decide on the consequences after your return.
Summary of the most important points
- Check your status: Only Sec. 25 (1-3) AufenthG and Sec. 26 (3-4) AufenthG are affected
- Take your duty of disclosure seriously: Always report to the Foreigners' office BEFORE traveling home
- Only absolute emergencies: Only death or danger to life of close relatives are possible reasons
- Authorities find out: through border controls, stamps, data exchange
- Consequences are serious: fine, revocation, loss of residence
- Documentation is everything: collect evidence, put everything in writing
- In case of problems: Seek legal help immediately
Each case is individual. This general information is NOT a substitute for personal legal advice. If you are unsure, you should contact a specialist lawyer for migration law.
FAQ - Frequently asked questions
Who has to comply with the obligation to report a trip home under Section 47b AufenthG?
The obligation to report travel home applies to persons with international protection status, e.g. persons entitled to asylum (Sec. 25 para. 1 AufenthG), recognized refugees or persons with subsidiary protection (Sec. 25 para. 2 AufenthG) and holders of a Settlement permit based on a protection status (Sec. 26 para. 3-4 AufenthG). Persons with other residence permits (e.g. Section 24 AufenthG for temporary protection) are not affected.
What happens if I make a trip home without reporting it?
If you do not report it, you risk a fine of up to €1,000 (§ 98 Para. 2 No. 2b AufenthG) and revocation proceedings by the BAMF. This can lead to the loss of your protection status and your residence permit, especially if you cannot prove a compelling moral reason.
What reasons are considered "morally compelling reasons" for a home country protection status?
Morally compelling reasons only include absolute emergencies, such as the death or burial of close relatives (parents, children, spouse) or acute danger to the life of a close relative. Evidence such as medical certificates or death certificates are mandatory. Family celebrations or inheritance matters do not count.
How do the authorities find out about my trip home?
Authorities can determine your journey home through border controls, passport stamps, random checks or indirect indications (e.g. absence from the job center, school or employer). In addition, authorities such as the Federal Police, immigration authorities and social welfare offices are obliged to report travel to the BAMF (Section 8 (1c) AsylG).
Can I visit the embassy of my home country in Germany despite my protection status?
Yes, visiting an embassy in Germany is not considered a trip home and is usually unproblematic, e.g. for obtaining a passport. However, you should obtain a certificate from the Foreigners' office beforehand to avoid any misunderstandings.
