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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.

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Procedure details

Recognized asylum seekers and persons 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 the first issue of their residence permit. For a maximum of this period, they may also be obliged to live in a specific administrative 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) of the Residence Act (AufenthG) in conjunction with Section 8 (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 Sections 22, 23, 24 (1) or 25 (3) AufenthG.

Before residence is assigned, the person concerned will be heard 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 in the amount of the average monthly requirement according to §§ 20 and 22 of the Second Book of the German Social Code for a single person of 966 euros per month (as of: 24.06.2024), 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 that the course or measure cannot be carried out or continued at the place of residence without delay.

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

  • Provision of adequate 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 those affected are unable to 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 institution 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 assigned district or independent 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 take up residence (in Bavaria).

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

Status: 23.07.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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