Can i request asylum and not go to refugee camp?

Question

I am a brasílian and I arrived Germany with Sheng zone visa 1 month ago. I would like to request for asylum.

I have post traumatic stress disorder and authismus, and my brasílian family sent me to a house in Canada where I was sexualy exploited when I was 17 and now I have a criminal case waiting for judgment in Canada, but the Canadian criminal court didn't come to a conclusion yet, but when I came back to brasil my family and everyone blamed me and my government does not protect me. As I developed ptsd I have strong freeze response among other consequences but according to Brazilian law this would not count as sufficient reason for a rape allegation, and in german law there is no assumed consent, which means I get protection from the state.
And now I don't know if I have right of asylum but I would like to try, so with it I could have a full time job.

I am matriculated on an applied university (Hochschule) só now I can request a student residential permit. I know that if I have a resident permit I don't have to live on a refugee camp during the process, but if I ask for asylum without a resident permit I am afraid to have to go to refugee camp, would it be the case?

I entered Germany with 12 thousand euros, so i could pay rent until the end of the process. But my landlord requested 2 thousand for caution money, but if I want the student permit I need to blok 10.700 euros on a bank account, as I payed the landlord and rent I am missing a part. Should I get a Lohn to pay for it or just go directly to asylum center? Can I avoid being on the camp as I wait?

Comments

Hey, l am sorry about your situation.
 This might help: As you see many refugees are coming in and borders are now strict you wouldn't want to add more stress to yourself.You might spend years without documents. You have money why don't you get a job and apply for resident permit. Going through asylum is tough and more frustrating. During the asylum process if you choose to do so, you have to stay in camp.

---

Thank you Simi, you have a good point.

Answer 1

Hi @Giselaortt

I assume your Schengen visa is not valid for a period of more than six months. In this case, if you apply for asylum, you will be obliged at first to live in an initial reception centre. If you have a student residence permit, you will not be obliged to do so.

However, in the case of vulnerable individuals, the authorities are obliged to provide safe accommodation for them. The legal basis for this is the EU’s Reception Directive. Article 21 lists certain cases to be considered as vulnerable, including ‘persons…who have been subjected to sexual violence’. Here you can read the legal text itself:

 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0033&from=EN

How this is applied in practice does however vary. The authorities may quickly move such vulnerable persons to private accommodation or they may be moved from an initial reception centre to group accommodation. Or they may be told there is not capacity to move them at present and to wait. If you find yourself in this position and consider yourself to be in a vulnerable position, then it is important to communicate your needs to the authorities, ideally in writing. There will be support services for asylum seekers available both in and outside the centre.

 You mention working full-time while in the asylum process. Please be aware that you will not be allowed to work for three months after applying for asylum. After that, you can only work if you have been given the permission to do so by your local immigration office (Ausländerbehörde).

The last part of your question was not clear. We cannot advise here on whether to apply for asylum or not. The rules around obligations to live in the camp or not I have outlined above. If you need some legal advice before potentially making an asylum application, you can contact the free advisory service ‘Refugee Law Clinic’ near you. Here’s the list of their contact details:

https://home.refugeelawclinics.de/2022/11/22/rlc-standorte/

Best,

Éanna