I want to relocate to another Bundesland

Question

I am living in Germany for around 2 years now. My status is a refugee(I am under paragraph 24). I was registered in Saarland and on my permit I am to stay there. Couple of months ago, I became jobless and I am currently registered with the angitur für arbeit. I am supposed to be getting an offer for a job somewhere in the NRW soon and sign the contract. The starting date is within the first week of next month (short notice), and the thing is it just so happens that the start date is the last date that I am entitiled for unemployment benefits.

However, as I have still not signed the contract (the employer are checking my documents and such), I can not ask for transfer to another state just yet.

I asked the auslanderbehorde if my work permit would still work when requesting for relocation and if I can work, they said that yes this is possible.

However, I want to ask if there is a way to then speed up the processing of the relocation request (I was told it takes 4-5 weeks) and I want to ask if it has happened before that it got rejected for some reason?

The thing is that, where I am living currently, I need to move out of the house and it just happens that it is then hard to find a house in Saarland when I will hopefully start working somewhere else soon. Please advice!

Answer 1

Hi @BK

Unfortunately I do not know of any way to speed up this process. The Ausländerbehörde in Saarland asks the Ausländerbehörde in NRW to agree to allow you to move.

There is a section of the immigration law (Aufenthaltsgesetz) that sets a time limit for how long the Ausländerbehörde in NRW has to reply. If they do not reply within four weeks, then the Ausländerbehörde in Saarland has to assume they agree and you can move.

This rule is in paragraph 72, section 3 of the Aufenthaltsgesetz (here in English via online translation):

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__72.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

This means that at least if four weeks have passed and you have no answer, you can inquire with the Ausländerbehörde Saarland and point out this rule to them. They then have to issue you with the approval.

The only other option I can think of is if your future employer makes an enquiry and emphasises that they need you to start work by that specific date and cannot wait any longer.

Relocation requests do get rejected. This can be for various reasons. For example:

• Wishing to move to do a German course somewhere else when there are German courses available in the current place of residence.
• Having a job offer in another place but with not enough hours and which does not cover a person’s living costs.
• Wishing to move to join family members who are not core family members (spouse or minor children).

If you have a job offer with at least 15 hours work per week and net income after taxes of at least 800€ a month, then there is no reason to reject your request.

Best,

Éanna