Residenzpflicht
The residence requirement is a support for foreigners living in Germany, especially for asylum seekers and tolerated. It commits the parties concerned to reside only in the format specified by the competent authority area.
- 3.1 policies of the current government
History
The paragraph was created in 1982 and is anchored under § 56 in the Asylum Procedure Act. He is not necessarily contrary to the principle of free movement in Article 26 of the Geneva Convention relating to the Status of Refugees of 1951, in which the right to freedom of movement is guaranteed as the refugee status has not yet recognized an asylum-seeker.
Terms of Use
Within the European Union there is the requirement that only in Germany. There it is regulated for asylum seekers in the Asylum Procedure Act and for toleration in the Residence Act. The Residence Act allowed the immigration authorities, moreover, individuals with a residence permit or visa to make a spatial restriction to the support, which is however not used in the rule.
Asylum seekers
People with temporary residence permit, that is, who have applied for asylum and whose asylum procedure is in progress, subject to the residence requirement.
How great their residence area, is regulated differently in the provinces. The lounge area may be limited to the district, the county or the state in which an applicant must dwell. It can also consist of several districts or states. Asylum seekers and tolerated that need to live in Berlin or Brandenburg, can move freely in both states. The same applies for asylum seekers in Bremen and Lower Saxony.
The breach of the Residency Obligation shall be punished by a fine for repeat also with imprisonment of up to one year.
Tolerated
The residence requirement for toleration is regulated in § 61 or § 95 of the Residence Act. For the tolerated stay is initially limited only to that particular state, but can also be restricted by imposing further conditions.
Similar to the provisions for asylum seekers restrict immigration authorities of some counties stay for toleration in principle only to the respective county.
This is among other things also favored that the aufenthaltsbeschränkende measure for asylum seekers to remain in the status of toleration, even after the rejection of an asylum application and the change thus generally associated.
The penalty for violations corresponds to the penalties for asylum seekers.
Political
The residence requirement is unique in the European Union, and exists only in Germany. After Thuringia has loosened the existing laws from 1 July 2013, is extended the residence requirement on the territory of the country in all states except Bavaria and Saxony. Asylum seekers and tolerated foreign citizens may remain all over the territory there also. The federal government is committed to the residence obligation Schengen put into place, as it promises in the area of the Schengen agreement improved control of the asylum for all Schengen countries.
The protest and resistance against the residency requirement has long been an activity focus of refugee self-help organizations, are currently complaining of the two affected by the requirement that members of the European Court of Human Rights against the law, so that the abolition of they want to achieve even relevant residence obligation. In one case, the individual complaint was declared inadmissible in a decision of 20 November 2007.
Since violations of the requirement that a victimless crime be counted on crime statistics, they contribute to the increase in the number of cases for asylum seekers. A comparison with the figures for German nationals is so difficult, but it is still sometimes used in political discourse as an argument for restrictions such as the requirement that.
Policies of the current government
The coalition agreement of the current Federal Government includes the following clause regarding the requirement that: The spatial restriction (so-called residence requirement), for asylum seekers and tolerated is extended to that country. Of this liberty to remain agreements between the countries in favor of general cross- country movement. Temporarily leaving the country is possible up to a week on the basis of a unilateral notice, quoting the destination. A spatial restriction of stay can be arranged at offenders and persons involving violations of the Narcotics Act are known or where measures terminating a residence imminent concrete. In studies, professional practice and training is usually a claim for exemption from the spatial restriction and residence edition. In effect, this would create to extend also in Bavaria and Saxony, the residence requirement at the state level, into law this template has not yet implemented the foundation. The residence requirement as such should be explicitly maintained.