Dear Reader,
it is somewhat difficult to give advice based on the facts described. But we will give it a try:
For all people whose recognition as a person entitled to protection or first issuance of a residence permit took place after 1.1.2016, the Integration Act (entered into force on 5.8.2016) applies. Section 12a Residence Act controls with regards to residence.
Who is not affected?
For all people with a residence permit or asylum decision from 2015 or earlier, the law does not apply. They are free to choose their place of residence within Germany.
Therefore, if your friend has received his residence permit before 1.1.2016, he can basically choose his place of residence as he wishes. This applies as long as the regulations (approval with cost absorption or similar) according to SGB (Code of Social Law) do not interfere with this.
The residence regulation has nothing to do with the residence obligation or the residence requirement during the ongoing asylum procedure but it concerns all people whose asylum procedure has already been completed after 01.01.2016.
What to do if you are affected by the regulation?
We now assume that your friend only received his residence permit after 01.01.2016, so that according to § 12a Residence Act, there is a residence regulation for 3 years from the recognition or granting of the residence permit for him:
- These people are required to reside in the federal state in which they applied for asylum.
- This does not require a change in the residence title to implement this effectively. Likewise, this does not require a separate decision.
- If one now wants to move, the requirement must be waived.
- A waiver can only be achieved with a job, studies, or training.
- Benefits according to SGB (Code of Social Law) can generally only be obtained where the residence regulation provides.
- As of now, residence titles will have the addition "Residence in the country required ........".
Severe restrictions in Germany
This is a very far-reaching restriction because it means you can no longer exercise freedom of movement. In many cases, one is restricted to the particular federal state to which one has been assigned to complete the asylum procedure.
Germany is the only country that imposes such extensive restrictions regarding the place of residence and domicile of refugees. In March 2016, the European Court of Justice (ECJ) made a ruling on the legality of residence requirements for people under subsidiary protection in Germany.
The court ruled that a requirement can only be imposed if it serves the integration of the person concerned. This must be examined in each individual case (Case C-443/14 and C-444/14).
No rule without exceptions
The exceptions to this legal rule are exhaustive:
- Taking up employment subject to social security contributions:
The scope of employment must be at least 15 hours per week. In addition, a net income of currently at least 712 euros per month must be earned (average need according to §§ 20, 22 SGB II for a single person). So-called Mini-jobs and marginal employment do not suffice to waive the obligation of the residence regulation!
- Taking up an apprenticeship or a course of study:
Also included are professional orientation or career preparation measures that serve the transition to a corresponding apprenticeship, or studies at a university. If the employment relationship or training changes later, e.g. due to a change of employer or training company/university, this does not lead to a subsequent change in the residence regulation and e.g. its subsequent revival.
The application for a waiver of the residence regulation must be submitted to the responsible foreigners’ authority. Together with the authorities at the destination, they will decide whether the requirement will be waived (an application form is attached below).
We wish you a good move to Fehmarn and all the best for the future!
Template to apply for a waiver (in German):
Name, Vorname Antragsteller*in
Straße, Hausnummer
PLZ Ort
Ausländerbehörde Ort
Straße, Hausnummer
PLZ Ort
Datum
Antrag auf Streichung der Wohnsitzauflage nach §12a AufenthG
Sehr geehrte Damen und Herren,
hiermit beantrage ich die Aufhebung/ Streichung der Wohnsitzauflage nach §12a AufenthG
Persönliche Begründung: Aufnahme sozialversicherungspflichtige Beschäftigung/ Ausbildung/berufsvorbereitende Maßnahmen
Im Falle der Ablehnung bitte ich entsprechend § 37 und §39 VwVfG um einen schriftlichen und begründeten Bescheid.
Für Rückfragen stehe ich selbstverständlich jederzeit gern zur Verfügung.
Mit freundlichen Grüßen
__________________________
Unterschrift
Anhang:
- Kopie Arbeitsvertrag
- Teilnahmezusage/-bestätigung
This article was first published in German.