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We live in another city and we want to relocate because I will be doing an Ausbildung in another city. Its a recognized Ausbildung but I wont have a Gehalt its a schulische Ausbildung. My Social worker said my mom and my brother cant come with me because I am 21 years old but online it says that close family members can move in with me. Also do i make the application to the city im living in or to the city i want to move to? I just want to get the Wohnsitzauflage lifted
asked Apr 14 in Home & Living by twilight_ | 157 views

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Hi @twilight_

I agree with the view of the social worker you spoke with. If a person has a Wohnsitzauflage and finds an Ausbildung, then that person is allowed to move. If they are married, their spouse can also move and likewise if they have children. It would only be possible for your mother to move with you (and your brother if he is under 18) if you yourself were still under 18.

You can see the rules around this in paragraph 12a of the immigration law (Aufenthaltsgesetz):

https://***.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0218

Section 5 covers how a person can have the Wohnsitzauflage removed. If you **** at part two of that section, you’ll see that it does mention the possibility to allow a move in order to prevent a particular hardship. It does not clearly define what is considered a difficult enough situation for this. The authorities will decide on a case by case basis. If your family members wish to apply for removal of the Wohnsitzauflage based on the hardship rule, then they have to make a strong argument. Especially important to mention are any medical needs your family members may have that staying together as a family unit can help with, or any other support you and your family members offer each other on a regular basis.

The application is called ‘Antrag auf Aufhebung der Wohnsitzauflage’. You apply with the Ausländerbehörde where you are living now and they will forward it to the Ausländerbehörde of the place you wish to move. You send proof of your Ausbildung with the application. Some authorities have specific forms to make this application. Otherwise you can just write it yourself. This site has a good sample application you can use, it’s in the section ‘Unterbringung, Umverteilung, Wohnsitzauflagen’:

https://***.fluechtlingsrat-thr.de/arbeitshilfen/antragshilfen

As you mention doing a schülische Ausbildung without a Gehalt, you may be entitled the financial benefit BaFög (in this case often called Schüler-Befög):

https://***.arbeitsagentur.de/bildung/ausbildung/bafoeg-und-kindergeld

Best of luck with the Ausbildung!

Éanna

answered 4 days ago by mbeon-Éanna
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