What exactly is Residenzpflicht?
Residenzpflicht is a legal restriction that requires asylum seekers (and sometimes people whose deportation is suspended) to stay within a specific federal state—or even a smaller area such as a city or district.
It obliges the person to remain within those geographic limits and not travel outside them unless they first obtain permission from the Ausländerbehörde (Foreigners’ Authority).
Who is subject to Residenzpflicht?
All asylum seekers during the initial phase after arrival.
People holding Aufenthaltsgestattung (temporary permission to stay while the asylum procedure is pending).
People with Duldung (temporary suspension of deportation), in certain cases.
People whose asylum application was rejected but who still remain in Germany temporarily.
When is this restriction imposed?
Immediately after the asylum seeker enters the initial reception center (Erstaufnahmeeinrichtung).
When deportation is not possible and a person receives Duldung, often together with a residence/area restriction.
When authorities consider it necessary to monitor movement for reasons related to public security or administrative organization.
What is the purpose of Residenzpflicht?
To distribute asylum seekers fairly among federal states.
To make administration and follow-up during the asylum process easier.
To prevent “asylum tourism” from one state to another in order to access different benefits.
When is Residenzpflicht automatically lifted?
After 3 months from submitting the asylum application
If the person is transferred from the initial reception center to municipal accommodation (Gemeinschaftsunterkunft) or private housing.
In that case, Residenzpflicht often changes from a strict travel ban into a Wohnsitzauflage, meaning only the place of residence is fixed, without a general travel ban.
Once the person is recognized as a refugee or granted subsidiary protection
As soon as BAMF issues a positive decision (asylum entitlement, refugee status, subsidiary protection), Residenzpflicht is lifted completely.
The person may then travel and work freely throughout Germany.
Can it be lifted earlier? Yes, in exceptional cases:
Humanitarian or medical reasons
Urgent medical appointments outside the state
Visiting close family members (first degree) in another state
Legal procedures requiring attendance at a court or lawyer outside the area
A request must be submitted to the Ausländerbehörde with supporting evidence, and a temporary travel permit (Reiseerlaubnis) may be granted.
Studies or vocational training
If an asylum seeker obtains an Ausbildung (vocational training) placement or university studies outside the area, they may apply for the restriction to be lifted.
After 18 months without a decision
In some situations, restrictions may be relaxed or lifted automatically—or upon request—after 18 months without a BAMF decision, provided the person has not committed violations.
What is the difference between Residenzpflicht and Wohnsitzauflage?
| Criterion | Residenzpflicht | Wohnsitzauflage |
|---|---|---|
| Nature of restriction | prohibits travel outside the state/area | only determines the official place of residence |
| Travel permission required? | yes | no |
| Applies to | newly arrived asylum seekers | sometimes to recognized beneficiaries of protection |
| Lifted when | after 3 months or recognition | often after receiving a more stable residence status |
Summary
Residenzpflicht is a temporary administrative measure imposed for organizational reasons, and it does not last forever. In most cases, it is lifted after a short period, especially as procedures progress or protection is granted. Still, compliance in the initial phase is very important, because violations may negatively affect an asylum case or lead to financial and administrative penalties.
ـ The site’s writing and editorial team strives to provide accurate information through extensive research and reviewing multiple sources. However, some errors may occur or certain details may be uncertain. Therefore, please treat the information as an initial reference and always consult the competent authorities for confirmed information.
