My Antrag auf Umverteilung was denied - Are there other ways to move legally?

Question

Hi again,

I made a Umverteilung(redistribution) application.It was rejected by Auslanderbehörde because my reason was not valid.

My reason is to learn German.There is no course in my town so i received an admission letter from the Paderborn University and i applied for Umverteilung, to change my place in a legal way.Because i am going to be mad because of doing nothing more than one year.

My asylum application was rejected by the BAMF and i made an appeal,then i am waiting for the court's decision by the way.So#

some of my friends also applied for umverteilung and their request was accepted by the same authority, they took  recognized refugee status, i have nothing.

To sum up, our reason me and my friends  were same but they were accepted and i was rejected as always.

What can i do except making an objection to this decision or what kind of ways are there to change your place in a legal way??

Answer 1

Dear @erdem.law,

Nice to see that you are using the platform so actively.

As for your question, I believe that wanting to learn German and having been accepted by Paderborn University would normally be viewed as sufficient reasons to cancel the so called "Wohnsitzauflage" (which applies to recognized asylum seekers or refugees) and enable an Umverteilung. 

However, it is very likely that in your case the Antrag has been denied due to your rejected asylum claim. I understand that this makes you upset and it is hard to say what reasons brought about the positive BAMF decisions for your friends and not for you. 

The difference in your case seems to be the "residence obligation" (Residenzpflicht) that applies to people who are still in the middle of asylum procedures, in contrast to the "residence rule" (Wohnsitzauflage). As I understand it, the right to change the place of residence only applies to people with said residence rule, and also only in some cases:

• "No restrictions on the freedom of movement within Germany exist for refugees and beneficiaries of subsidiary protection. They can travel at any time to any destination within Germany, without having to ask for permission by the authorities, in contrast to the so-called “residence obligation” which applies to asylum seekers during the early stages of the procedure (see Reception Conditions: Freedom of Movement).
• "However, since August 2016, refugees and beneficiaries of subsidiary protection are generally obliged to take up their place of residence within the Federal State in which their asylum procedures have been conducted. This has been regulated by the newly introduced “residence rule” of Section 12a of the Residence Act.
• "The obligation to live in a certain Federal State or in a certain municipality remains in force for a maximum period of three years, but it can be lifted for certain reasons e.g. for family-related reasons or for education and employment purposes.
• "The regulation of Section 12a of the Residence Act only applies to beneficiaries of protection who have been granted a residence permit based on protection status at a date from 1 January 2016 onwards. The residence rule shall not apply if a beneficiary of protection (or one of his or her family members) can take up a job in another place, if this job provides for a sufficient income to cover the cost of living. It also has to be lifted, if a beneficiary of protection takes up vocational training or university education in another place. Furthermore, the rule shall not apply if family members (spouses, registered partners or minor children) live in another place.3
• "According to the official explanatory memorandum, the residence rule is supposed to promote sustainable integration by preventing segregation of communities."

Source: ****://***.asylumineurope.org/reports/country/germany/content-international-protection/movement-and-mobility/freedom-movement

To apply/ask for an Umverteilung at your responsible Ausländerbehörde is the only legal way to move without risking a fine or penalty. 

Nevertheless, I think it might be best to talk to a legal advice center or a lawyer about your situation. I've read that you can appeal against their decision regarding the denied Umverteilung. If you feel comfortable sharing the information -where do you live? Once you let me know, I can research some support centers in your area.

All the best,

Isa

Comments

thank you for your answer,
it is written on my Ausweis(ID cart) 'wohnsitzauflage nur Sundern'.
So it means i have to stay and live in Sundern, furthermore it is forbidden to live or stay in another place without permission of Sozialamt or Auslanderbehörde(Foreign authority).This permission is up to 7 days.
I  would like to add that I have no right to continue my education because of given refusal to my asylum application.It was the main reason and it is written on my rejection of Umverteilung Antrag.
Then i received  a paper from the university of Paderborn and it was written on the paper that this person is able to begin his master studies after C1 German language.It means i received a master  admission letter from the university.Despite that i received refusal.
Then now i feel like a restricted man so i am looking for an exit for me and the people like me.
Moreover i visited many refugees help centers including Rechtsberatung(legal aid) but it must be noted that they are only waste of time and they do not want to take any responsibilities.Only speak speak speak and some  unfulfilled words....
It has been more than one year after my asylum application and they did nothing, they have no refugee policy.
Some servant who works for German State **** like so tired and they have no information about asylum process.They must be changed because sometimes you can  meet unwanted situation or words spoken by those people.
According to their opinion i have to wait for the court and it can last  at leat one year and this possibility is the best time for one asylum seeker.
Waste of time....
Kind regards