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Residence permit; granting and application for extension

A foreigner applying for asylum is generally permitted to stay in Germany during the asylum procedure.

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Bundesamt für Migration und Flüchtlinge
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Procedure details

The residence permit certificate (§ 63 AsylG) is issued to asylum seekers for a limited period of time for the duration of the asylum procedure. It certifies lawful residence during the asylum procedure, but - unlike the residence permit, for example - is not a residence permit.

It is based on the basic right to asylum (Art. 16a of the Basic Law) and the provisions of the Asylum Act (see "Asylum procedure; asylum application" and "Related topics"). These regulations are enforced solely by the Federal Office for Migration and Refugees (Federal Office).

As long as the foreigner is obliged to live in the reception center, the Federal Office is responsible for issuing the residence permit; otherwise, the foreigners authority to whose district the residence permit is limited or in whose district the foreigner has to take up residence.

The residence permit is initially limited to the district of the foreigners authority in which the responsible reception center is located or in whose district the asylum seeker is obliged to reside (§ 56 AsylG). Exceptions to this are possible in accordance with §§ 57 and 58 AsylG. The geographical restriction expires by law if the foreigner has been in the federal territory for three months without interruption on a permitted, tolerated or authorized basis. This does not apply if the foreigner's obligation to reside in the reception center responsible for their admission continues (§ 59a AsylG). In the case of criminals, suspects of narcotics offenses, if concrete measures to terminate the stay are imminent or if the foreigner poses a considerable danger to internal security or to the life and limb of third parties, the spatial restriction can be ordered again (§ 59b AsylG).

An asylum seeker who is not (or no longer) obliged to live in a reception center and whose livelihood is not secured is generally still obliged to take up residence at an assigned location (so-called residence requirement).

The residence permit certificate is issued if an application for asylum has been made. It is extended if a decision has not yet been made on the asylum application or if an appeal is still pending.

  • National identification documents (to the extent available)

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Administrative court action

  • Asylverfahren

    Informationen des Bundesamts für Migration und Flüchtlinge

  • Asylum procedure; information on the asylum application

    The Federal Office for Migration and Refugees decides on asylum applications, including the granting of refugee status and subsidiary protection.

  • Residence permit for asylum application; application
    During the asylum procedure and after the asylum procedure has been concluded negatively or the asylum application has been withdrawn, an asylum seeker can only obtain a residence permit in certain cases in accordance with Section 10 of the Residence Act.
  • Employment permit; application

    If you are a foreigner in possession of a tolerated stay permit or are in an ongoing asylum procedure and would like to take up employment, you must apply for an employment permit from the foreigners authority responsible for you.

Status: 14.08.2024
Editorial responsibility Bayerisches Staatsministerium des Innern, für Sport und Integration
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