Personal asylum applica ons

2018.11.28 • Ar cle • Asylum and refugee protec on

Source: BAMF

Written applications only in exceptional cases

A wri en asylum applica on may only be filed with the Federal Office in special cases.

This concerns asylum-seekers

• who have a residence tle with an overall validity of more than six months,

• who are in deten on or other public custody,

• who are in a hospital, a sanatorium or psychiatric clinic,

• who are in a youth services facility, or

• who have not yet reached the age of majority and with regard to whom the legal representa ve is not obliged to live in a recep on facility.
An applica on for asylum may not be filed from abroad (see download below).

A personal applica on is filed with the branch office of the Federal Office (an arrival centre or an AnkER facility). An interpreter is available for this appointment to help
applicants understand their rights and du es within the asylum procedure. They furthermore receive all the important informa on in wri ng in their na ve language.

The personal data are recorded during the applica on procedure if this has not already taken place, for instance when the proof of arrival was issued. Applicants are obliged to
prove their iden ty if they are able to do so. Documents accepted include a na onal passport, as well as other personal documents such as birth cer ficates and driving
licences. The Federal Office uses physical and technical document examina on to assess the original documents.

The applica on is made in person as a rule. A wri en asylum applica on may only be filed in special cases, for instance if the individual in ques on is in a hospital or has not
yet reached the age of maturity.

Residence obliga on (Residenzpflicht)

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Once their asylum applica on has been filed, applicants receive a cer ficate proving that they have permission to reside (Aufenthaltsgesta ung). This cer ficate replaces the
"proof of arrival", serves as documenta on vis-à-vis state agencies that they are asylum applicants, and proves that they are in Germany lawfully. Permission to reside is
territorially restricted to the district (residence obliga on) in which the responsible recep on facility is located.

Applicants may ini ally only remain in the area designated in their permission to reside, and need permission if they would like to temporarily leave this area. The residence
obliga on ceases to apply a er three months. The residence area is then expanded to cover the en re country.

Obliga on to reside in a par cular place (Wohnverpflichtung)

The obliga on to reside in a par cular place is quite dis nct from the residence obliga on. Applicants are obliged as a ma er of principle to live in the recep on facili es un l
the decision is taken by the Federal Office regarding the asylum applica on. The same applies in the event of a rejec on - un l the individual leaves the country - or un l the
no ce of inten on to deport or the deporta on order is enforced, but not for more than 18 months. This applies for a maximum of up to six months to minor-age children and
their parents or other persons holding custody, as well as to their sibilings if they are of age.

Most applicants are distributed on within the Federal Land a er being accommodated in the recep on facili es. The Land authori es then decide whether accommoda on is
to be provided in "collec ve accommoda on" or permission is given to find an apartment. Both the public interest and that of the persons concerned are to be taken into
considera on when reaching this discre onary decision. The immigra on authority can provide more informa on.

The legal basis

Right of residence during the asylum procedure

The legal basis for the right of residence is contained in sec ons 55-67 of the Asylum Act (AsylG).

Wri en ini al asylum applica on

The applica on can only be filed in wri ng if one of the precondi ons s pulated in sec on 14 subs. 2 of the Asylum Act is sa sfied.

Asylum Act

Further informa on

Downloads

The wri en first asylum applica on

© 2020 Federal Office for Migration and Refugees.