What is the residence requirement according to § 12a AufenthG?
The residence requirement under Section 12a of the Residence Act is an important instrument for promoting the integration of recognized asylum seekers and refugees in Germany. It obliges those affected to take up residence in a specified area for a certain period of time. In the following, we explain exactly what this residence regulation means and what its aim is.
Definition and scope of § 12a AufenthG
The residence requirement pursuant to Section 12a of the Residence Act (AufenthG) obliges foreigners who have been recognized as persons entitled to asylum, refugees or subsidiary protection or pursuant to Sections 22, 23, 24 or 25 (3), among others, to take up residence in the federal state to which they were assigned during the asylum procedure.
This regulation applies for a period of three years from the date of recognition or issue of the residence permit. It is important that the residence requirement serves to ensure the even distribution of asylum seekers across the various federal states and thus enable sustainable integration.
The legal basis for the obligation to take up residence is set out in Section 12a (1) sentence 1 AufenthG.
Legal text: "In order to promote his or her long-term integration into the living conditions of the Federal Republic of Germany, a foreigner who has been recognized as a person entitled to asylum, a refugee within the meaning of Section 3 (1) of the Asylum Act or a person entitled to subsidiary protection within the meaning of Section 4 (1) of the Asylum Act or who has been granted a residence permit for the first time in accordance with Sections 22, 23, 24 (1) or 25 (3) is obliged to take up his or her habitual residence (domicile) in the country to which he or she has been assigned in order to carry out his or her asylum procedure or as part of his or her admission procedure or to which he or she has been distributed in accordance with Section 24 (3) for a period of three years from the date of recognition or issue of the residence permit. "
- Duration of the residence requirement: 3 years
- Area of application: Federal state to which the person was assigned
- Groups of people affected: Among others, persons entitled to asylum, refugees, persons entitled to subsidiary protection, resettlement refugees, refugees with a federal admission program, holders of 24 AufenthG.
Objective of the residence regulation according to § 12a AufenthG
The main aim of the residence requirement is to promote the long-term and sustainable integration of persons entitled to protection in Germany. The distribution to certain residences is intended to prevent an excessive concentration of people seeking protection in certain regions or cities. At the same time, the residence requirement is intended to better integrate foreigners into social and economic life in Germany.
This regulation helps to ensure that:
- integration into the labor market is facilitated.
- Adequate living space is ensured.
- Social and societal exclusion is avoided.
Who is affected by the residence requirement?
The residence requirement under Section 12a AufenthG applies to a specific group of people seeking protection in Germany. There are clear regulations as to which groups of people are subject to this obligation and when exceptions can be made. Below we explain who exactly is affected by the residence requirement and what exceptions there are.Groups of people with residence restrictions
The residence requirement under Section 12a AufenthG primarily affects people who enjoy international protection in Germany. Specifically, this affects the following groups of people:- Persons entitled to asylum: Persons who have been recognized as politically persecuted in Germany.
- Refugees within the meaning of the Geneva Refugee Convention: People who receive protection in Germany due to persecution or war.
- Beneficiaries of subsidiary protection: Persons who are not directly recognized as refugees but still need protection from serious harm.
- Persons with a residence permit according to § 24, § 23, § 22 or § 25 paragraph 3 AufenthGThis group includes persons who have been granted a residence permit on humanitarian grounds.
Exceptions to the residence requirement
However, according to Section 12a (5) sentence 1 no. 1 AufenthG, there are certain exceptions that make it possible to be exempted from the residence requirement. These exceptions apply under certain conditions:- Employment subject to social security contributions: If the person concerned or a close relative (spouse, partner, child) takes up employment subject to social insurance contributions for at least 15 hours per week, the residence requirement does not apply. The income must be sufficient to cover living expenses.
- Vocational training or studies: People who are starting or have already started vocational training or studies can also be exempted from the residence requirement.
- Integration measures: Anyone taking part in an integration course in accordance with § 43 AufenthG or other educational measures such as a vocational language course in accordance with § 45a AufenthG of the Common European Framework of Reference for Languages can move their place of residence under certain conditions.
What are the obligations and consequences of the residence requirement?
If you are subject to the residence requirement under Section 12a AufenthG, this entails certain obligations that are crucial for your integration in Germany. In turn, you should also be aware of the possible consequences if these obligations are not fulfilled. In this section, we will give you an overview of the obligations and possible consequences of non-compliance.
Obligations for persons affected by Section 12a AufenthG
As a person affected by the residence requirement, you are obliged to take up your habitual residence (domicile) in the federal state to which you were assigned during the asylum procedure. This obligation generally applies for a period of three years.
Here is an overview of your most important obligations:
- Taking up residence: You must settle in the federal state assigned to you and have your habitual residence there.
- Duration: The residence requirement shall apply for the three years specified in paragraph 1 from the date of recognition or issue of the residence permit.
- Applying for exceptions: If you meet certain requirements (e.g. employment or training), you can apply for the condition to be lifted. The application must be submitted properly and in good time.
These duties help to promote your integration into social and economic life in Germany.
Pursuant to Section 12a (10) sentence 1 AufenthG, the requirements as proof of the scope of application and ancillary provisions pursuant to Section 12 (2) sentence 2 AufenthG remain unaffected in specially justified individual cases.
Consequences of violating the requirement
If you do not comply with the obligations of the residence requirement, you may face various consequences. It is important to adhere to the requirements in order to avoid legal and financial consequences.
This table provides you with an overview of the possible consequences of violations:
Infringement | Possible consequences |
|---|---|
Non-compliance with the residence requirement | Administrative offense with a fine
|
Violation of the reporting obligation
| Sanctions, such as the reduction of social benefits
|
Repeated disregard of the requirement
| Possible loss of residence permit or other legal measures
|
The legal basis for non-compliance with the residence requirement is Section 12a (1) AufenthG:
Legal text: "The period pursuant to sentence 1 may be extended by the period for which the foreigner fails to comply with his/her obligation pursuant to sentence 1. If the reasons under sentence 2 cease to apply within three months, the obligation to take up residence under sentence 1 shall continue to apply in the country to which the foreigner has relocated his/her residence."
This means that the period of three years with a residence requirement can be extended if you do not comply with the regulations (for example, if you move to another federal state without permission before the residence requirement is lifted).
It is always advisable to obtain information from the relevant authority or a lawyer in good time if you are unsure, in order to avoid legal problems.
Can the residence requirement be lifted?
Under certain conditions, you can apply to have the residence requirement lifted. If you meet one of the requirements, the obligation to live in a certain federal state may be waived. It is important to find out about the options at an early stage to avoid unnecessary delays.
Prerequisites for a revocation
The residence requirement can be lifted if you fulfill certain conditions that are intended to facilitate your integration.
The following preconditions allow a suspension:
- Employment subject to social security contributions: If you or a close relative (spouse, partner, underage child) have taken up employment that is subject to social security contributions and this provides at least a living wage, the condition can be waived. The employment must comprise at least 15 hours per week.
- Vocational training or studies: If you or a family member are starting or have already started vocational training or studies, the residence requirement generally does not apply. This also applies to further education.
- Participation in integration or vocational language courses: Anyone taking part in an integration course in accordance with § 43 AufenthG, a vocational language course in accordance with § 45a AufenthG or a qualification measure for professional recognition can also apply for a waiver of the residence requirement.
- Family reasons: If close family members, such as a spouse or children, already live elsewhere, the residence requirement can also be waived.
Application to lift the residence requirement
If you meet the requirements for lifting the residence requirement, you can submit an official application to the relevant Foreigners' office . The application must be made in writing and contain the relevant evidence that you meet the above conditions.
These are the steps for applying to lift a residence restriction:
Step 1: Collect evidence:
Make sure that you enclose all the necessary documents. These can be
- Employment contract or proof of employment subject to social security contributions.
- Confirmation of participation in an apprenticeship, a course of study or an integration course.
- Other relevant documents, such as registration certificates of your family members.
Step 2: Submit the application in writing:
Submit the complete application to the responsible Foreigners' office in good time. Make sure that the application is completed correctly and that all necessary documents are included.
Step 3: Wait for the decision:
Once the application has been submitted, the authority will review your case. The processing time may vary, so you should take care of this in good time.
Practical examples of the application of the residence requirement
The application of the residence requirement under Section 12a AufenthG can vary in practice, depending on the living situation of the person concerned. To give you a better understanding of how the regulation works in everyday life, we present some practical case studies. We will also show you the common mistakes that can occur when implementing the requirement and how to avoid them.Possible case studies of § 12a AufenthG
Case 1: Recognized refugee and taking up employment- Ahmed was recognized as a refugee and received a residence permit in accordance with §25 Para. 2 Alt. 1 AufenthG. As part of the asylum procedure, he was assigned to a federal state where he had to settle. After a few months, he found employment subject to social security contributions in another federal state. Thanks to his new job, he is able to successfully apply to have his residence requirement lifted and move to take up the new job.
- Sara has been recognized as a beneficiary of subsidiary protection and is subject to the residence requirement. However, as she would like to start an integration course quickly in accordance with § 43 AufenthG, she applies to move her place of residence to a city where the course is offered. The currently responsible Foreigners' office agrees to the transfer with the consent of the new Foreigners' office , as the integration course is not available at her current place of residence.
- Ali has been granted asylum in Germany and has to settle in a certain federal state due to the residence requirement. However, his wife and children live in another federal state. Ali applies to have the residence requirement lifted with proof that his family lives in another federal state. The application is approved and Ali can move in with his family.
Errors and solutions to § 12a AufenthG
Error: No timely application to lift the residence requirement- Many of those affected do not know that they must submit an official application to be exempted from the residence requirement if they meet the conditions. Without an application, the obligation remains in place.
- The application is often rejected because the necessary documents, such as employment contracts or proof of training measures, are missing or incomplete.
- Many of those affected do not know that there are certain exceptions to the residence requirement, such as participation in an integration course or vocational training.
Summary and conclusion on Section 12a AufenthG
As you can see, the topic of Section 12a AufenthG and the residence regulation is extensive. Here we have summarized the most important points on the residence regulation for you once again and ventured into the future of § 12a AufenthG for the specific group of people.
The most important key points of Section 12a AufenthG
- Duration of the residence requirement: Applies for 3 years from recognition or issue of the residence permit.
- Group of persons: Persons entitled to asylum, refugees, persons entitled to subsidiary protection and persons with a humanitarian residence permit.
- Exceptions: Possible in the case of employment subject to social insurance contributions, training, studies or family reasons.
Conclusion and future of Section 12a AufenthG
The residence requirement under Section 12a AufenthG is intended to promote integration, but can be made flexible through specific exceptions. Future developments could include further adjustments to integration requirements, particularly with regard to regional differences and the labor market.
FAQ - The most important questions and answers on Sec. 12a AufenthG
§ Section 12a AufenthG regulates the residence requirement for, among others, recognized persons entitled to asylum, resettlement refugees, refugees, people with Residence permit Section 24 AufenthG, refugees with a federal admission programme and persons entitled to subsidiary protection. They must live in the assigned federal state for three years.
The residence requirement can be lifted if you take up employment subject to social insurance contributions, training, studies, an integration course or for family reasons.
A violation can result in fines, reductions in social benefits or problems with Residence permit .
It is a violation if you move to another federal state without permission. Moving to another city in the same federal state is not a problem.
Refugees are allowed to move when they start work, training, study or for family reasons. A permit is required for this. A refugee may also move if they move to another city within the same federal state. Moving to another federal state without a reason is prohibited.
The allocation of residence determines where a person must live after recognition of asylum in order to promote fair distribution and integration.
