Logo Bayernportal
Home > Procedures

Recognized foreigners and foreigners entitled to stay; granting of residence allocations

Recognized persons and persons entitled to stay may be obliged to live in a specific district or city in order to provide them with suitable housing or to promote their long-term integration.

Responsible for you

Regierung von Mittelfranken - Dienststelle Beuthener Strasse

Regierung von Mittelfranken

Street address

Beuthener Straße 37 - 39
90471 Nürnberg

Postal address

Postfach 6 06

91511 Ansbach

Mehr zur Behörde

Procedure details

Recognized asylum seekers and those entitled to stay are obliged to live in the federal state in which they lived as asylum seekers or were assigned as part of their admission procedure for a period of three years from the date of recognition or initial granting of the residence permit. For a maximum of this period, they may also be obliged to live in a specific district or city for the first six or twelve months in order to provide them with suitable housing or to promote their long-term integration.

The governments are responsible for residence allocation decisions in accordance with Section 12a (2) and (3) Residence Act (AufenthG) in conjunction with Section 8 (2) sentence 1 Asylum Implementation Act (Asyldurchführungsgesetz). 2 sentence 1 of the Asylum Implementation Ordinance (DVAsyl) for foreigners who have been recognized in the Federal Republic of Germany as persons entitled to asylum, refugees or subsidiary protection or who have received a residence permit for the first time in accordance with the provisions of §§ 22, 23, 24 para. 1 or 25 para. 3 AufenthG.

Before the allocation of residence is granted, the person concerned will be given a hearing on the intended decision. At the hearing, the person concerned can present reasons for or against allocation to the specific district / city.

Foreigners are not included in the group of persons concerned if they or their family members (this includes the spouse, registered partner or a minor unmarried child with whom they are related and live in a family partnership) take up or have taken up employment subject to social security contributions for at least 15 hours per week and, as a result of this employment, have an income amounting to the average monthly requirement according to §§ 20 and 22 of the Second Book of the German Social Code for a single person of 894 euros per month (as of: 19.06.2023), are in vocational training/study/training or are attending an integration or vocational language course or a qualification measure within the meaning of Section 12a (1) sentence 2 AufenthG, provided the course or measure cannot be carried out or continued at the place of residence without delay.

When making its decision, the government takes into account criteria relevant to integration policy in individual cases. These are the following in particular:

  • Provision of suitable housing
  • Possibility of acquiring the German language (level B1 of the Common European Framework of Reference for Languages)
  • Prospects of integration into the training and labor market

Once the allocation decision has been issued, the persons concerned are obliged to take up residence in the district or city designated for them. It is primarily the responsibility of those affected to find private accommodation for themselves and, if necessary, their family members. If the persons concerned cannot find private accommodation, they will be offered accommodation (e.g. in state accommodation) in the allocation notice for the duration of their search for accommodation

.

Furthermore, the local responsibility of the respective agency for benefits under SGB II is determined by the allocation of residence in accordance with Section 12a (2) to (3) AufenthG

.

Failure to comply with the obligation to take up residence in the allocated district or city is subject to a fine

. It

is also possible to extend the obligation to take up residence by the period for which the foreigner does not comply with their legal obligation to reside (in Bavaria)

.

If there is a reason for revocation in accordance with § 12a Para. 5 AufenthG, the person concerned can apply for the revocation of the allocation decision. The local foreigners authority is responsible for examining the revocation.

Status: 05.07.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
Contains machine translated content. Show the original content