General Information on Asylum

The asylum seekers make an application for asylum upon their arrival in Germany (or later). An asylum application can generally be submitted at any official authority (mostly at police stations). The applicants submit all their documents, such as original passports or other proof of their origin and identity; cash funds are also retained, apart from a specific amount for personal use, and remain at the Federal Office. Passports and documents are returned to applicants after the completion of asylum procedures.

Retained cash funds will be offset with the cost of the asylum procedures.

A first interview will be held promptly, which deals mainly with the travel itinerary (to comply with the Dublin Convention). Afterwards, the applicant will be housed temporarily in a transit camp to prepare for the proceedings (in every district in Bavaria a camp with a maximum of 500 spaces is to be created).

If necessary, external temporary camps for the initial reception of asylum seekers may be used to relieve the regular institutions. During this time a health check should be conducted to treat contagious diseases and to avoid the infection of others and the spread of disease. Ordinarily, the extensive interview/ hearing of the application (reasons for fleeing the country of origin, travel routes used, questions about the family etc.) is conducted at this stage as well, but this is often not feasible anymore due to the high number of applications. Subsequently, the applicants will be transferred to other accommodations across Bavaria and remain there until the asylum procedures are closed and a decision regarding their application is made.

Interview/ Hearing:

The hearing (in form of an interview) follows a predetermined set of questions. A translator will be provided.

Important: disclose the exact language you speak. You may bring your own translator.

The written record (in German) will be re-translated to the applicant at the end of the hearing and it has to be confirmed with a signature. This is to make sure that the written record is correct. This hearing is extremely important. Statements made here cannot be undone, at best they may be completed.

The applicant will be sent a written record of the interview as well as a translation in his/ her native language. During the interview, questions will be asked about the applicant’s living situation in the country of origin, his/ her experiences and that of his family, the reasons for fleeing the country and the exact order of events.

A person of trust may accompany the applicant to the interview. His/ her identity must be disclosed to the Federal Office at least one week before the interview. For the mostly Syrian refugees, the hearing can take the form of a questionnaire with 25 questions to speed up the procedures. For this purpose, the people meeting the requirements will be contacted and may choose if they want to answer the questions in writing or if they prefer a personal hearing. If choosing to answer in writing, it is extremely important that the applicant write down all aspects of and all reasons for fleeing their home country, as no additions can be made at a later date (unless the factual situation changes subsequently) and the information provided in the questionnaire has the same significance as the personal interview.

Renewal Application:

After a rejection, a renewal application can only be submitted if the situation in the country of origin changed significantly (e.g. new legal situation) or if new evidence for prosecution of the asylum seeker in the home country emerged, which was not available during the first application. The renewal application can also be filed while the first application is still active (current example: the changed situation in Iraq). The applicants have the duty to cooperate, which means they are obligated to submit their original passports, to provide truthful information about their origin and travel routes, to assist in the procurement of documents and to keep appointments (like the appointment for the interview).
The proven failure to cooperate has a negative effect on the asylum application.

Dublin Convention/ Dublin-III-Regulation (Dublin VO III):

If the Dublin Convention is applied instead of asylum procedures, the applicant usually receives a written confirmation of this from the Federal Office. The so-called Dublin-III-Regulation is an agreement between all of the EU member states which declares that asylum seekers can only apply for asylum once within Europe. If the applicant resided in another EU country before coming to Germany, it has to be determined if the so-called Dublin Convention will be applied. This is the case if an applicant demonstrably resided, was recorded (finger prints etc.), already submitted an asylum application or went through an asylum procedure in another European country. This means it will be inquired if this other country is responsible and prepared to conduct an asylum application, or take back the applicant due to an active or closed asylum application. The Federal Office has two months to do this with the help of the EURODAC System (European database for finger prints). Other inquiries have to be put in motion within a 3 month deadline. Ordinarily, the Federal Office will receive written replies to their inquiry within these deadlines.

The time frame for the re-transfer to the other country is limited to 6 months. The deadline of these 6 months begins with the date of the reply to the inquiry and its acceptance (which is mentioned in the notification from the Federal Office). During legal action, for instance if a law suit is filed and there are appeals or objections during the legal proceedings, the 6 month deadline will renew itself again and again after an appeal or an objection or the court ruling.

Should the asylum seeker go into hiding, the 6 month deadline is renewed as well.
If the third country agrees, the applicant receives a notification at the conclusion of his Dublin Convention application, which states that his/her asylum application in Germany has been rejected or is unfounded and that he/she has to leave Germany or will be re-transferred.

A lawsuit can be brought forward against this notification. It has to be submitted within two weeks and should be conducted by a lawyer. Within one week, a motion for delayed effect has to be filed. This motion interrupts the 4 week deadline. The applicant can, legally, file this lawsuit personally at the responsible administrative court in Munich (a translator will be provided and a written record issued) and can find a lawyer afterwards. The deadline for the departure from the Federal Republic of Germany will be announced in a written notification by the responsible immigration office. An exception from the application of the Dublin Convention can be procured, if the spouse (this has to be proven with documents) or children of the applicant …

Shared Accommodation
The tenant of shared accommodations is the government of Upper Bavaria, which is represented by the local administration manager. Shared accommodations are not public property. The domiciliary right belongs to the government of Upper Bavaria and is enforced by the house manager. Donations for garden facilities and for room furnishings can only be made after consultation with and permission from the house manager. Visitors, meaning all people who do not live in the house, must comply with house rules at all times. Depending on the size of the rooms, several asylum seekers may be living in the same dorm. Bathrooms and kitchens also have to be used jointly by several inhabitants. Two inhabitants each share a fridge. Washing machines are available in a separate laundry room for all inhabitants. In shared accommodations, the applicants must provide for themselves. In addition to their pocket money, they also receive cash funds for food and housekeeping (laundry and cleaning supplies as well as hygiene products). The rooms are furnished and equipped with basic items such as dishes, bedding and cleaning utensils.

Accommodation in Bed and Breakfasts or in former guesthouses
The tenant of these so-called external accommodations in Bed and Breakfasts or guesthouses is the district Traunstein. These houses are not public property either. The Domiciliary Right in this case belongs to the local operator of the facility, who is usually the landlord. The operator is responsible for the enforcement of house rules and other legal regulations (such as fire safety measures). He/she is also responsible for the allocation of dorm rooms, for the provision of three meals a day and the satisfactory state of the facilities. Most operators also perform additional, voluntary tasks such as the distribution of forms for the doctor (sickness/health), the arrangement of appointments for the applicants, the notification of schools when children get sick etc. There is no opportunity for the inhabitants to prepare their own food. The applicants live in former guest rooms and often have a shower per room at their disposal. Depending on the size, several people may share a room (usually two). Laundry facilities, a common room as well as fridges for personal use are ordinarily available for inhabitants. The use of an internet connection or TV is solely a voluntary contribution from the operator.

Accommodation in an apartment
The tenant is also the district Traunstein. The apartments are furnished and contain some basic items. Here, the inhabitants can live their lives independently. The isolation of asylum seekers can be a disadvantage though. The transfer to another accommodation has to be applied for at the responsible authority in Munich. Currently a transfer is only possible in exceptional cases and for sound reasons. Reasons could be the reunion of minors with their parents (also when couples are not married but fatherhood has been acknowledged) or one parent, for instance; medical reasons are also considered valid, for example when health care for existing diseases is not sufficiently available at the current abode.

Evidence in the form of clinic reports etc. must be provided if applying for a transfer due to medical reasons. Adult asylum seekers hoping to reunite with their parents, siblings or other relatives as well as married couples without written and notarized proof of marriage cannot be considered for a transfer. Better access to language courses in German, job prospects or the opportunity to become self-sufficient etc. are not considered valid reasons either.

Reimbursement of travelling expenses
Only travelling expenses incurred for officially mandated journeys (such as the invitation for an interview/ hearing or officially mandated appointments at the Health Department) will be reimbursed.

In the latter case, officially mandated means that the invitation is initiated by the Health Department and is not the result of a medical referral procured and submitted by the applicant (The necessity of the referral will be investigated and assessed).

The applicant can forward the travel expenses and subsequently submit or send the invitation and tickets to the Social Services Department (Sozialamt). He/ she will receive the reimbursement with their next cash funds/ pocket money.

If an asylum seeker is unable to procure enough money for the journey, he/ she can take a copy of the invitation for the appointment to the Social Services Department in advance and can be given the travel expenses as an advance payment.

If there is no time to send the documents by post, sending a fax of the invitation for the appointment to the Social Services Department is sufficient. The payment will take place immediately after the receipt of the invitation and is sent as a money order to the local administration, where the applicant can then collect the money from.

All trips the applicant takes on his own accord, including trips to the doctor, have to be paid for by the applicant with his monthly allowance (a certain amount is included for such trips). Exceptions can only be made after previous application to the Social Services Department, for example for regularly and often recurring doctor’s appointments or if the necessity of trips is confirmed, for instance for trips that were mandated by a doctor. In the latter case, the doctor has to write a confirmation, which allows the patient to take a taxi after surgery for example.

So far, the Social Services Department and the taxi company have often directly handled the payment between one another when a journey is mandated by a doctor. There are exceptions though, when the taxi driver does not accept the confirmation from the doctor. Then the bill/receipt of the taxi trip as well as the confirmation from the doctor must be sent to the Social Services Department and the reimbursement is added to the next transferral of cash funds/ pocket money.

Only travelling expenses incurred for officially mandated journeys (such as the invitation for an interview/ hearing or officially mandated appointments at the Health Department) will be reimbursed.

In the latter case, officially mandated means that the invitation is initiated by the Health Department and is not the result of a medical referral procured and submitted by the applicant (The necessity of the referral will be investigated and assessed). 

The applicant can forward the travel expenses and subsequently submit or send the invitation and tickets to the Social Services Department (Sozialamt). He/ she will receive the reimbursement with their next cash funds/ pocket Money.

If an asylum seeker is unable to procure enough money for the journey, he/ she can take a copy of the invitation for the appointment to the Social Services Department in advance and can be given the travel expenses as an advance payment.

If there is no time to send the documents by post, sending a fax of the invitation for the appointment to the Social Services Department is sufficient. The payment will take place immediately after the receipt of the invitation and is sent as a money order to the local administration, where the applicant can then collect the money from.

All trips the applicant takes on his own accord, including trips to the doctor, have to be paid for by the applicant with his monthly allowance (a certain amount is included for such trips). Exceptions can only be made after previous application to the Social Services Department, for example for regularly and often recurring doctor’s appointments or if the necessity of trips is confirmed, for instance for trips that were mandated by a doctor. In the latter case, the doctor has to write a confirmation, which allows the patient to take a taxi after surgery for example.  

So far, the Social Services Department and the taxi company have often directly handled the payment between one another when a journey is mandated by a doctor. There are exceptions though, when the taxi driver does not accept the confirmation from the doctor. Then the bill/receipt of the taxi trip as well as the confirmation from the doctor must be sent to the Social Services Department and the reimbursement is added to the next transferral of cash funds/ pocket money.

Asylum seekers are registered at the local Residents’ Registration Office for the duration of their stay. (This is usually arranged by the district administration).
Usually, the inhabitant receives a confirmation of registration. If not, the necessary confirmations can be purchased from the local administration for a fee.
Social welfare/ Benefits under the Benefits for Asylum Seekers Act: The applicants submit an application for social welfare upon arrival in the district, or more correctly benefits under the Benefits for Asylum Seekers Act (ordinarily, personnel at the Social Services Office takes care of this, or an administration manager from shared accommodations or the local social counselling unit of the deaconry).

The applicant receives his monthly allowance/ cash funds, coupons for clothes and the financial means for self-catering in shared accommodations only because of this application.
ID-card: the applicant will receive an ID-card with his/her status (a residence permit for the duration of the asylum application) from the Immigration Office. The necessary biometric photographs and data will be provided by personnel at the Immigration Office. Old ID-cards (from Munich or Zirndorf) are invalid from the time of transfer (they receive an “invalid” stamp) and have to be returned to the Immigration Office. The time without an ID-card (until the new one is finished) can be bridged with a copy of the old ID-card as well as an annotation that a new card is being processed. (Caution: this annotation can only be made by authorised people or institutions like the facility management of shared accommodations or personnel from official institutions like the Immigration Office).

Upon issuing of the new ID-cards the old ones will be retracted. On an ID-card you will find:
-    Personal data like name and date of birth,
-    Place of birth, citizenship, etc.
-    Reference number (in German: Aktenzeichen, AZ) of the asylum application (important for inquiries and official correspondence)
-    Date of application
-    Hints regarding the radius of action
-    Hints regarding the work permit
-    Status of the applicant (Usually: permit of residence during the processing of the asylum application)
-    Expiry date of the ID-card
-    Underage Children with name and date of birth (registered with one parent)

Extension Duty:
The validity of the ID-card is limited (customarily to between 3 and 6 months). The applicant has to go to the Immigration Office before the deadline passes. The non-compliance with this deadline has similar consequences as the failure to carry the ID-card, when an asylum seeker is stopped by police with an invalid ID-card.

Carrying requirement:
The applicant always has to carry his/her ID-card with them when leaving the facilities. If an applicant is stopped by police without his/ her ID-card, he/she will be detained until the personal data can be verified. Is the ID-card invalid, the applicant will receive a warning the first time; the second time without a valid passport, a fine can be issued.

Applicants have to remain in the allocated accommodation until the asylum procedure is processed. A transfer to another accommodation has to be applied for, justified and approved.
The residency obligation has not entirely been abolished with the newly introduced legislation, which was ratified on 1.1.2015. This legislation is more of an abolishment of restricted travelling. Within the first three months after arrival in Germany the residence obligation is in force as previously, which means that applicants can only move freely within the governmental district of Upper Bavaria. Travelling within this time frame must be applied for at the Immigration Offices (that is trips outside of the permitted radius of action).

After three months the applicant can move around the whole Federal Republic freely without an application. This new legislation is also valid for tolerated persons after the completion of the procedure.

The so-called residence obligation can still be announced at any time during the asylum procedures as well as after its completion, but only in the following situations: for legally convicted applicants or tolerated persons (apart from offences that can only be committed by foreigners, for instance the unlawful entry into the Federal Republic of Germany), if it is evident that the permit of residence will expire and in case of reasonable suspicion that the applicant violated the narcotics law.

Important:
The abolishment of the residence obligation does not mean that the applicant can choose by him-/herself to change the place of residence. The applicant is still registered in his/her allocated accommodation. He receives his post and pocket money (if the payment is made by the responsible city hall) only in his allocated community. Prolonged absence from the accommodation without the consent of the house manager or the operator can, under certain circumstances, mean that the applicant is deregistered or must be deregistered by the district office (Immigration Office and Social Services Office). After deregistration all benefits under the Benefits for Asylum Seekers Act will be discontinued. Additionally, the asylum seeker loses the right for the extension of the ID-card at the Immigration Office, because officially the district is not responsible any more. If an applicant returns to the accommodation after this process, he/ she has to register in Munich again and will be allocated somewhere new.

Radius of Action:
Since the residence obligation is abolished, the applicant may move freely around the Federal Republic of Germany. However, if the applicant leaves the Federal Republic, either on purpose or by accident, it will be treated like a voluntary departure. This means he/ she cannot return, for instance if apprehended in Salzburg. As a result, Dublin Procedure may be applied and a time-consuming and costly investigation procedure has to be conducted with the eventual retransfer to Germany. The radius of action is visibly written on the ID-card of applicants who have limited travelling rights. This is ordinarily a limitation to the district or the region of Upper Bavaria. If the applicant is stopped by police outside of this zone without permission, he/ she receives a first warning; should this happen again, a fine will be issued. Trips outside of the radius of action

This regulation is only applied to applicants or tolerated persons with a limited radius of action. Visits or trips outside of the permitted region have to be applied for at the local Immigration Office in advance; the exact destination/ address as well as the duration of the stay have to be disclosed. The so-called leave pass has to be carried by the applicant for the duration of the journey. Trips for up to two weeks are usually approved without a problem. The leave pass can be picked up personally at the Immigration Office. Please allow plenty of time before the beginning of the journey if you would like to be sent the leave pass by post.