Temporary residence permit (Aufenthaltsgestattung) in German residence law
The Aufenthaltsgestattung is an essential term in German residence law and holds central significance in connection with the procedure for granting international protection to those seeking refuge. It governs the legal status of individuals who have applied for asylum in Germany and are permitted to stay lawfully in the country during the duration of their asylum proceedings. This article examines the Aufenthaltsgestattung in detail and explains the relevant legal foundations and their practical consequences.
Legal basis of the Aufenthaltsgestattung
Statutory Regulation
The Aufenthaltsgestattung is regulated in §§ 55 et seq. of the Asylum Act (AsylG). Its purpose is to grant persons seeking asylum a temporary, lawful stay for the duration of the asylum procedure. A residence permit according to the Residence Act (AufenthG) is not issued in this context; rather, the Aufenthaltsgestattung has an independent character.
Issuance and commencement
The Aufenthaltsgestattung is granted automatically under § 55 (1) AsylG upon the formal submission of an asylum application. It remains valid for the entire duration of the asylum procedure until a final decision is made, or until a legally binding rejection and, if applicable, expiry of the deadline for departure.
Content and effect of the Aufenthaltsgestattung
Lawful residence
The Aufenthaltsgestattung establishes a legal right of residence in Germany, but is fundamentally different from residence permits in the sense of the Residence Act. It only entitles the holder to stay in Germany, not to permanent residence or to freedom of movement in other EU member states.
Geographical restriction
According to § 56 AsylG, the Aufenthaltsgestattung is typically subject to geographic restrictions. The person granted an Aufenthaltsgestattung may initially remain only within the district of their assigned immigration authority or initial reception center. Expansion or removal of these restrictions is possible upon request and with special reasons.
Obligations during the Aufenthaltsgestattung
Holders of an Aufenthaltsgestattung are required to register with the authorities, fulfill passport and cooperation obligations, and comply with any official requirements. Violations may result in consequences under residence law or restrictions.
Social and economic legal status
Employment
Employment is initially prohibited under § 61 AsylG during the first three months following application for asylum. After this period, a work permit may be requested from the competent immigration authority under certain conditions. Self-employment generally remains prohibited until the conclusion of the procedure.
Social benefits
Holders of an Aufenthaltsgestattung receive benefits under the Asylum Seekers’ Benefits Act (AsylbLG). This includes subsistence benefits for accommodation, food, basic medical care, and pocket money for personal needs. These benefits differ from those under the Social Security Code II and XII.
Aufenthaltsgestattung and family reunification
Family reunification to holders of an Aufenthaltsgestattung is not provided for by law. Reunification can only be applied for and granted after a positive decision on the asylum application or recognition as a person entitled to subsidiary protection or as a refugee under the Geneva Convention.
Termination and expiration of the Aufenthaltsgestattung
Grounds for termination
The Aufenthaltsgestattung expires with the legally binding conclusion of the asylum procedure – that is, upon irrevocable recognition or rejection of the application. In the event of rejection, there is generally an obligation to leave the country unless a deportation ban applies or a temporary suspension of deportation (Duldung) is granted.
Aufenthaltsgestattung for subsequent and second applications
In the case of a new application after a legally binding conclusion of a previous asylum procedure (subsequent application, § 71 AsylG), an Aufenthaltsgestattung is again granted for the duration of the examination procedure. During this period, the rights and obligations described above apply accordingly.
Distinction from other residence titles
The Aufenthaltsgestattung is clearly distinct from the Duldung (§ 60a AufenthG) and residence titles under the Residence Act. While the Duldung merely documents a temporary suspension of deportation and does not establish a legal right of residence in the sense of the residence law, the Aufenthaltsgestattung constitutes a legal, but time- and content-limited residence status for asylum seekers.
Aufenthaltsgestattung in the European context
In the context of European asylum law, the Aufenthaltsgestattung essentially corresponds to the requirement of Art. 9 of the EU Procedures Directive (2013/32/EU), which obliges states to allow persons to remain in their territory during the asylum procedure. National arrangements like the German Aufenthaltsgestattung implement this obligation in national law.
Literature and further sources
- Asylum Act (AsylG)
- Residence Act (AufenthG)
- Asylum Seekers’ Benefits Act (AsylbLG)
- Federal Office for Migration and Refugees (BAMF): Official information on the Aufenthaltsgestattung
- EU Procedures Directive 2013/32/EU
The Aufenthaltsgestattung thus forms a central element of the legal status of asylum seekers during the proceedings. Despite its provisional nature, it is of outstanding importance for all issues regarding residence, access to education, employment, social benefits, and family life during the period of the asylum application.
Frequently Asked Questions
Who issues an Aufenthaltsgestattung and for how long is it valid?
The Aufenthaltsgestattung is issued according to § 55 of the Asylum Act by the authority responsible for processing the asylum application (usually the local branch of the Federal Office for Migration and Refugees – BAMF). It is generally granted for the duration of the ongoing asylum procedure. The validity of the Aufenthaltsgestattung is directly linked to the status of the asylum procedure: it lasts from the time of the formal asylum application until a legally binding decision on the asylum claim or until the individual’s departure or deportation. Should a lawsuit be filed against a negative decision, the Aufenthaltsgestattung remains valid until the final judicial decision. It can expire if deadlines are missed or the asylum application is withdrawn. The validity period is usually extended at regular intervals – often every three or six months – by the respective immigration authority or by the BAMF, provided the asylum procedure has not been completed.
What rights and obligations are associated with an Aufenthaltsgestattung?
With an Aufenthaltsgestattung, the asylum seeker receives the provisional right to lawfully reside in Germany during the asylum procedure. This right of residence, however, is highly restricted and entails numerous obligations. In particular, there is a residence requirement that may limit residence to the federal state or even the district of the competent immigration authority. The holder of the permit is obliged to remain in the initial reception facility as long as the respective residence allocation applies (§ 56 AsylG). Only after six weeks, or at the latest after three months, is moving to other accommodation sometimes possible. There are also obligations to cooperate with the procedure, such as appearing at hearings and providing all relevant information. According to § 1 (1) No. 3a AsylbLG, there is an entitlement to social benefits under the Asylum Seekers’ Benefits Act.
Is employment permitted during the validity of an Aufenthaltsgestattung?
As a rule, there is a general ban on employment during the first three months of residence in Germany (§ 61 (1) AsylG). After this period, employment may be permitted by the immigration authority in agreement with the Federal Employment Agency. However, there is no general access to the labor market; employment is subject to several restrictions: for a work permit to be granted, the usual priority checks must be conducted, i.e., it is assessed whether preferential job applicants could fill the position. Even with approval, work is generally only permitted for certain sectors or positions, for example through internships, apprenticeships, or minor employment. The decision to grant a work permit is at the discretion of the immigration authority and depends on numerous factors, including the situation of the local labor market.
How does the Aufenthaltsgestattung differ from other residence titles for foreigners in Germany?
The Aufenthaltsgestattung is not a residence permit according to the Residence Act but rather a special legal status under the Asylum Act (AsylG) that serves solely to allow lawful residence during the ongoing asylum procedure. By contrast, residence titles such as the residence permit, settlement permit, or visa under the Residence Act (§ 4 AufenthG) are granted on different legal grounds and with significantly broader rights. The Aufenthaltsgestattung, for example, does not grant a right to family reunification, is not freely extendable, and ends automatically upon conclusion of the asylum procedure. It also differs from the Duldung, which is granted to foreigners who are obliged to leave the country and whose deportation is temporarily suspended for specific legal or practical reasons (§ 60a AufenthG).
What happens to the Aufenthaltsgestattung after completion of the asylum procedure?
After completion of the asylum procedure—either by recognition, final rejection, or withdrawal of the application—the Aufenthaltsgestattung expires automatically. In the case of a positive decision, i.e., recognition as a refugee or as a person entitled to asylum, the individual receives a residence title under the Residence Act (§ 25 (1) or (2) AufenthG). In case of rejection and after the legal remedy period has expired or upon a final court decision, the Aufenthaltsgestattung becomes invalid and the foreign national is obliged to leave Germany. There is no transitional period; the obligation to leave or the initiation of measures to end residence occurs promptly. From this point on, if there are impediments to deportation, a Duldung under § 60a AufenthG may be granted.
Does the Aufenthaltsgestattung also serve as proof of identity?
The Aufenthaltsgestattung primarily serves as evidence of lawful residence during the asylum procedure and as a credential for contact with authorities, but it does not have the status of an official proof of identity such as a passport or national ID card. The document contains personal details, information on residence status, and validity period, but does not necessarily represent final verification of identity, as identity confirmation is often part of a separate process in the asylum procedure. Authorities are therefore entitled to request additional proofs of identity or documents, or to carry out their own verification of identity.
What restrictions exist with regard to freedom of movement within Germany?
A person with an Aufenthaltsgestattung is generally subject to geographic restrictions (residence requirement) under § 56 AsylG. This obliges them to stay only within the federal state or area assigned by the responsible immigration authority—violations of this provision are regulatory offenses and can result in sanctions (§ 95 (1) No. 7 AsylG). The geographic restriction can be relaxed or lifted in individual cases, for example for employment, educational purposes, or urgent personal reasons with permission from the competent authority. After three months, this requirement may—under certain conditions—no longer apply, but it remains if the person resides in a reception center or if a deportation order has been issued.
