Personal asylum applications , Date: 2018.11.28, format: Article, area: Asylum and refugee protection

A personal application 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 duties within the asylum procedure. They furthermore receive all the important information in writing in their native language.

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

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

Residence obligation (Residenzpflicht)

Once their asylum application has been filed, applicants receive a certificate proving that they have permission to reside (Aufenthaltsgestattung). This certificate replaces the "proof of arrival", serves as documentation 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 obligation) in which the responsible reception facility is located.

Applicants may initially 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 obligation ceases to apply after three months. The residence area is then expanded to cover the entire country.

Obligation to reside in a particular place (Wohnverpflichtung)

The obligation to reside in a particular place is quite distinct from the residence obligation. Applicants are obliged as a matter of principle to live in the reception facilities until the decision is taken by the Federal Office regarding the asylum application. The same applies in the event of a rejection - until the individual leaves the country - or until the notice of intention to deport or the deportation 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 after being accommodated in the reception facilities. The Land authorities then decide whether accommodation is to be provided in "collective accommodation" or permission is given to find an apartment. Both the public interest and that of the persons concerned are to be taken into consideration when reaching this discretionary decision. The immigration authority can provide more information.