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Residence requirement - apply for cancellation

You will receive a residence requirement together with your first residence permit if you

  • have been recognised as a person entitled to asylum, refugee or subsidiary protection or
  • You have received a residence permit for other reasons under international law, political or humanitarian reasons, for example due to a ban on deportation.

This residence requirement applies

  • from the date of recognition or issue of the residence permit,
  • for three years and
  • for the federal state in which you lived during your asylum procedure or to which you were assigned as part of an admission procedure or to which you were distributed.

In addition, a specific place of residence can be specified where everything is in place to enable you to integrate well, for example suitable living space.

The residence obligation can be cancelled under certain conditions.

Related forms and processes

Prerequisite

You or another person from your family is available at another location:

  • employment subject to social security contributions with
    • at least 15 hours per week and
    • an income of at least EUR 894.00 per month or
  • an income that predominantly secures your livelihood or
  • a training or study place.

Or:

Another person in your family lives elsewhere.

Other persons from your family are exclusively

  • Your spouse,
  • Your registered partner or your registered civil partner or
  • Your minor child with whom you are related and who lives or has lived together as a family.

A residence requirement must also be cancelled in order to avoid hardship.

This is particularly the case if

  • the responsible youth welfare office believes that local child and youth welfare services and measures would be impaired, for example support in day care centres or child day care facilities,
  • for other urgent personal reasons, the takeover by another state has been promised or
  • comparable unreasonable restrictions arise for you for other reasons.

Responsible department

the foreigners authority of your current place of residence

The foreigners authority is

  • if you live in an urban district or in a large district town: the municipal administration
  • if you live in a town or municipality belonging to a district: the district office

Procedure

Apply for the cancellation in writing to the competent authority.

If it approves your application, it will amend or cancel your condition.

If it rejects your application, you will receive a rejection notice.

Deadlines

none

Required documents

The documents required depend on the reason for your wish to move.

You must provide evidence of the requirements for the cancellation of the residence requirement.

Costs

EUR 50.00

If you receive benefits according to the Second or Twelfth Book of the German Social Code, you do not have to pay a fee.

Processing time

Processing depends on the individual case and can take several weeks.

Miscellaneous

none

Appeal

  • Objection
  • Action before the administrative court

Legal basis

Aufenthaltsgesetz (AufenthG):

  • § 12a Wohnsitzregelung

Aufenthaltsverordung (AufenthV):

  • § 47 Gebühren für sonstige aufenthaltsrechtliche Amtshandlungen
  • § 53 Befreiung und Ermäßigung aus Billigkeitsgründen

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 04.12.2024