Residence requirement - apply for lifting

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

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

This residence requirement applies

  • from the time the residence permit is recognised or granted,
  • for three years and
  • for the Federal Land in which you lived during your asylum procedure or to which you were allocated or distributed within the framework of an admission procedure.

In addition, a specific place of residence can be determined where everything is available to enable you to integrate well, for example adequate living space.

The residence obligation can be lifted under certain conditions.

Related forms and processes

Prerequisite

You or another person in your family is available elsewhere:

  • employment subject to social insurance contributions with
    • at least 15 hours a week and
    • an income of at least 820 euros per month, or
  • an income that predominantly secures their livelihood, or
  • a training or study place.

Or:

Another person from your family lives in another place of residence.

Other persons from your family are exclusively:

  • Your spouse,
  • Your registered partner, or
  • Your minor child with whom you are related and live or have lived together as a family.

Likewise, a residence requirement must be lifted to avoid hardship.

This is especially the case if

  • according to the assessment of the competent youth welfare office, services and measures of child and youth welfare with a local connection would be impaired, for example, support in day care facilities or child day care,
  • for other urgent personal reasons, another state has agreed to take over the child's care, or
  • comparable unacceptable 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 a city district or in a large district town: the municipal administration
  • if you live in a town or municipality belonging to a district: the district administration office (Landratsamt)

Procedure

Apply for revocation in writing to the competent authority.

If they agree to your request, they will change your condition or lift it.

If they reject your application, you will receive a rejection notice.

Deadlines

There is no deadline.

Required documents

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

You must prove the requirements for the lifting of the residence requirement.

Costs

EUR 50.00

If you receive benefits under Book Two or Book Twelve of the 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

Release note

10.07.2023 Department of Justice Baden-Württemberg