Residenzpflicht (German for ''mandatory residence'') is a legal requirement affecting foreigners living in

Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...

, more specifically applicants for refugee status (''Asylbewerber'') or those who have been given a temporary stay of deportation (''Geduldete''). Those affected are required to live within certain boundaries defined by the applicants' local foreigners' office (''Ausländerbehörde'').

Legal basis

Applications for refugee status are required at all times to reside in the district of their local foreigner's office (§56 and §85 of the German Refugee Processing Law - the ''Asylverfahrensgesetz''). Foreigners with a stay of deportation are generally required to stay within the boundaries of their

federal state A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-governi ...

(ranging from small city-states such as

Bremen Bremen (Low German also: ''Breem'' or ''Bräm''), officially the City Municipality of Bremen (german: Stadtgemeinde Bremen, ), is the capital of the German state Free Hanseatic City of Bremen (''Freie Hansestadt Bremen''), a two-city-state consis ...

to larger states such as

Bavaria Bavaria ( ; ), officially the Free State of Bavaria (german: Freistaat Bayern, link=no ), is a state in the south-east of Germany. With an area of , Bavaria is the largest German state by land area, comprising roughly a fifth of the total lan ...

) and are regulated by §61 and §95 of the German Residence Act (''Aufenthaltsgesetz'') Foreigner who contravene the relevant legislation mentioned above can be imprisoned or face fines.

Political context

The ''Residenzpflicht'' is unique to Germany. A 2007 complaint to the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...

was not accepted for judgment. Several immigrant and refugee advocacy organisations oppose the ''Residenzpflicht'' as a violation of fundamental human rights

References

{{reflist, 30em Law of Germany Immigration law