The Aufenthaltsgestattung (permission to remain pending the asylum decision) is not a residence title but the statutory right to stay in Germany while your asylum procedure is ongoing. You do not apply for it, and it is not “processed”: as soon as the requirements of the Asylum Act (Asylgesetz, AsylG) are met (§ 55 AsylG), it arises by operation of law – the authority merely issues a certificate confirming it, free of charge.
New legal situation since 12 June 2026: § 55 AsylG was completely reworded by Article 1 of the Act adapting German law to the Common European Asylum System (GEAS-Anpassungsgesetz) of 23 April 2026 (BGBl. 2026 I Nr. 111) and since then has referred directly to Article 10(1) and Article 68(2), (4) and (7) of Regulation (EU) 2024/1348. The same reform also amended § 47 AsylG (obligation to live in the reception centre), § 61 AsylG (gainful employment) and the Asylum Seekers’ Benefits Act (Asylbewerberleistungsgesetz, AsylbLG). It is the most comprehensive overhaul of German asylum law in more than twenty years.
The examination of responsibility has also been reorganised: Since 12 June 2026, Regulation (EU) 2024/1351 has applied, replacing the former Dublin III Regulation. Under it, the examination of which member state is responsible for your asylum procedure is conducted as a separate administrative procedure. This is directly relevant to the Aufenthaltsgestattung: it continues during this examination but ends if another member state is responsible and you are transferred there. So state family members in other EU states from the outset – family ties can make Germany the member state responsible. In addition, the asylum procedure is preceded by a screening, which according to the Federal Office (BAMF) is not part of the asylum procedure; the Aufenthaltsgestattung only arises once the requirements of § 55 AsylG are met.
This page reflects the legal position after 12 June 2026 and explains how long you must live in the reception centre, when the geographic restriction expires, from when and under what conditions you may work, and what awaits you at the end of the procedure.
Independent information website: we are not the Ausländerbehörde, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. All information is provided without guarantee. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Costs€0.00No fee provision in the AufenthV
Processing timeImmediatelyArises by operation of law, no waiting time
MethodIn personBAMF, reception centre, Ausländerbehörde
Required documents
What you need to bring
Request for asylum and formal asylum application at the BAMF
The asylum application triggers the entire legal consequence: only with it does the Aufenthaltsgestattung arise under § 55 AsylG. It is made in person at the competent branch office of the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF), which is usually attached to an initial reception centre. There is no separate application form for the Aufenthaltsgestattung – you do not apply for it; it is only certified.
Passport, passport substitute or other identity document
Present everything that proves your identity and nationality: passport, identity card from your country of origin, birth certificate (Geburtsurkunde), driving licence or school certificates. Under § 15 AsylG, you are obliged to cooperate in establishing your identity, even if you do not have a valid travel document. Missing papers do not prevent the Aufenthaltsgestattung, but they delay the procedure and can later block the issuing of a residence title.
Proof of arrival (Ankunftsnachweis, certificate of registration as an asylum seeker)
You receive it at your first registration, i.e. before the formal asylum application has been made. It identifies you as an asylum seeker to the police, your accommodation and the benefits office, and it is valid until the certificate of the Aufenthaltsgestattung is issued. Keep it safe until it is exchanged, and report any loss immediately to the issuing body.
Recent biometric photograph
A recent photograph is required for the certificate of the Aufenthaltsgestattung; the issuing body sets the exact specifications. The obligation to use a digital photograph, in force since 1 May 2025, expressly applies to the identity card (Personalausweis) and the passport, and not automatically to every certificate under residence law. Ask before your appointment whether a paper photo is accepted or whether you must use the authority’s photo terminal.
Proof relating to family members
Marriage certificates and birth certificates (Geburtsurkunde) are important because, under § 47 AsylG, families with minor children must live in the reception centre for no more than six months instead of up to 18 months. Proof of family membership is also decisive for joint allocation to the same local authority and for the calculation of benefits under the AsylbLG. Present any originals you have; certified translations can be requested later.
Allocation decision of the Land (federal state) authority
After initial reception, you are allocated to a local authority. The allocation notice determines which Ausländerbehörde (foreigners authority) and which benefits office are competent for you, and it is the basis of a residence requirement (Wohnsitzauflage) under § 60 AsylG. Keep it, because school enrolment, medical treatment and every application for benefits are linked to this allocation.
Documents for the employment permit
A work permit is never granted in the abstract but always for a specific employment relationship. You therefore need a binding job offer or the declaration on the employment relationship completed by the employer, with information on the job, working hours and pay, or, for vocational training, the training contract. Only submit the documents after the expiry of the waiting period under § 61 AsylG, because otherwise the application will be refused.
Step by step
How to proceed
1
Request asylum and have yourself registered
You can make your request for asylum (Asylgesuch) to any German authority – at a reception centre, to the police, to the Federal Police at the border or to the Ausländerbehörde. Identification measures are then carried out, your data are recorded and you receive a proof of arrival (Ankunftsnachweis). This first step is more important than it looks: the registration of the asylum application marks the start of the period for the later employment permit (Beschäftigungserlaubnis) under § 61 Abs. 1 AsylG. So make a note of the exact date.
2
Make a formal asylum application at the BAMF – the Aufenthaltsgestattung arises automatically
The formal asylum application is made in person at the competent branch office of the Federal Office for Migration and Refugees (BAMF). At that moment, § 55 AsylG takes effect in the version in force since 12 June 2026: your stay is permitted as long as the requirements of Article 10(1) or Article 68(2), (4) and (7) of Regulation (EU) 2024/1348 are met. There is nothing to process here and no waiting time of weeks – the legal consequence occurs by operation of law. For full details of the procedure itself, see Applying for asylum at the BAMF.
3
Collect the certificate and keep an eye on its validity
The certificate of the Aufenthaltsgestattung documents your right of residence; it does not create it. It is issued for a limited period and must be extended before its expiry as long as the asylum procedure is ongoing; no substantive examination takes place – it is purely an act of issuing the document. Book the extension appointment several weeks in advance, because an expired certificate regularly leads to problems during police checks, with your employer and at the benefits office.
4
Comply with the obligation to live in the reception centre (§ 47 AsylG)
How long you must live in the reception centre is governed by § 47 AsylG. As a rule, it is up to 18 months. Families with minor children – including adult unmarried siblings – must stay for no more than 6 months. For persons from a safe country of origin, the obligation lasts until the Federal Office’s decision; in cases of secondary migration and under corresponding rules of the federal state (Bundesland), up to 24 months are possible. Which of these periods applies also determines your freedom of movement and your access to the labour market.
5
Observe the geographic restriction – and check after three months whether it has expired
At the beginning, your stay is restricted under § 56 AsylG to the district of the competent Ausländerbehörde (the so-called Residenzpflicht, or residence obligation). However, this restriction is not permanent: under § 59a Abs. 1 AsylG it expires once you have been staying in the federal territory without interruption for three months on a permitted, tolerated or authorised basis – provided that you are no longer obliged to live in the reception centre. Do not confuse this with the residence requirement under § 60 AsylG: it determines where you must take up your place of residence but does not prohibit travel within Germany.
6
Apply to the Ausländerbehörde for an employment permit (§ 61 AsylG)
As soon as the waiting period has ended, apply to the Ausländerbehörde for permission for a specific employment relationship. If you are still obliged to live in the reception centre, the period under § 61 Abs. 1 AsylG is three months from the registration of the asylum application, but six months if a take-charge request was made or a take-back notification was transmitted (Regulation (EU) 2024/1351), or if you have already been granted international protection in another EU state and Germany is not obliged to carry out a new asylum procedure. Outside the reception centre, three months of authorised stay are sufficient under § 61 Abs. 2 AsylG, with prior periods of permitted or tolerated stay being counted. As a rule, the Ausländerbehörde involves the Federal Employment Agency (Bundesagentur für Arbeit); under the Ordinance on the Employment of Foreigners (Beschäftigungsverordnung, BeschV), the cases in § 32 Abs. 2 and 3 BeschV, among others, do not require its approval. Further details: Work permit.
7
Prepare for the end of the procedure: residence title or Duldung
The Aufenthaltsgestattung ends when the asylum procedure has been concluded with final, non-appealable effect. If you are granted protection, the Ausländerbehörde issues a residence title. If the application is refused, the obligation to leave the federal territory arises; if deportation is impossible for factual or legal reasons, a Duldung (temporary suspension of deportation) may be considered. Check every official notice (Bescheid) from the Federal Office immediately for the time limit for lodging an action stated in the Rechtsbehelfsbelehrung (instructions on legal remedies), and seek asylum procedure counselling or legal help without delay, because missed deadlines can practically never be remedied.
Fee information
Costs and payment
Fees
Amount€0.00
Reason it is free of chargeNo fee provision in §§ 44–49 AufenthV
Issuing bodyBAMF, reception centre or Ausländerbehörde
Means of paymentNot applicable
Service
Fee
Legal basis
Certificate of the Aufenthaltsgestattung
€0.00
no fee provision in the AufenthV
Extension of the certificate during the procedure
€0.00
no fee provision in the AufenthV
Duldung certificate after a refusal
€58.00–€62.00
§ 47 Abs. 1 Nr. 5 AufenthV
Residence permit after recognition as a person entitled to asylum, as a refugee or as a person entitled to subsidiary protection
€0.00
§ 52 Abs. 3 Nr. 2 AufenthV
Residence permit where a deportation ban has been established
€100.00 (free of charge if you receive benefits under SGB II, SGB XII or AsylbLG)
§ 45 Nr. 1 AufenthV (as at 22 July 2026), § 53 Abs. 1 Nr. 1 AufenthV
Extension of a residence title
€93.00–€96.00 (free of charge for persons entitled to asylum, refugees and persons entitled to subsidiary protection, and if you receive benefits under SGB II, SGB XII or AsylbLG)
§ 45 Nr. 2 AufenthV; exemption: § 52 Abs. 3 Nr. 2, § 53 Abs. 1 Nr. 1 AufenthV
Change in the purpose of residence for a residence title
€98.00
§ 45 AufenthV
Translations, obtaining a passport, travel costs to appointments
depending on the competent body or the provider
no uniform nationwide rule
The Aufenthaltsgestattung itself costs nothing – but some subsequent steps do. The Ordinance Governing Residence (Aufenthaltsverordnung, AufenthV) provides for no fee for the certificate of the Aufenthaltsgestattung, either for issuing it or for its extension. The situation is different for the Duldung, for which § 47 Abs. 1 Nr. 5 AufenthV expressly provides for a fee, and for the residence permit issued once a deportation ban (Abschiebungsverbot) has been established (§ 45 AufenthV). After recognition as a person entitled to asylum, as a refugee or as a person entitled to subsidiary protection, on the other hand, the residence permit is free of charge under § 52 Abs. 3 AufenthV.
Ask about fee exemptions in your individual case. Whether a reduction of or exemption from the fees under the Ordinance Governing Residence applies to you is decided by the competent Ausländerbehörde on the basis of your personal and financial circumstances. Ask about it actively before you pay a fee, and get a receipt for every payment.
Advice does not have to cost anything. Asylum procedure counselling that is independent of the authorities and the advice centres of the welfare organisations work free of charge for asylum seekers. Make use of these services especially when a Bescheid from the Federal Office has been served on you and a time limit for legal remedies is running – then every day counts.
Good to know
Important notes
New legal situation since 12 June 2026. The GEAS-Anpassungsgesetz of 23 April 2026 (BGBl. 2026 I Nr. 111) completely reworded § 55 AsylG; the provision now refers directly to Article 10(1) and Article 68(2), (4) and (7) of Regulation (EU) 2024/1348. § 47 AsylG and § 61 AsylG were also amended with effect from the same date. Information sheets dated before June 2026 are out of date on these points.
The Aufenthaltsgestattung arises by operation of law. It is not an administrative act that you apply for and that is then processed. The certificate merely documents a legal position that already exists – which is why there is no processing time of several weeks and no notice of rejection.
An Aufenthaltsgestattung is not a residence title. It only entitles you to stay while the procedure is ongoing and does not confer the rights of a residence permit (Aufenthaltserlaubnis), such as travelling to other Schengen states. Anyone who needs a residence title requires a separate decision of the Ausländerbehörde for this.
Obligation to live in the reception centre under § 47 AsylG: four different periods. As a rule up to 18 months, for families with minor children no more than 6 months, for persons from a safe country of origin until the Federal Office’s decision, and in cases of secondary migration or under federal state rules up to 24 months. Which period applies also determines your freedom of movement, access to the labour market and accommodation.
The Residenzpflicht usually ends after three months. Under § 59a Abs. 1 AsylG, the geographic restriction under § 56 AsylG expires as soon as you have been staying in the federal territory without interruption for three months on a permitted, tolerated or authorised basis and you are no longer obliged to live in the reception centre. A great many of those affected do not know this and restrict themselves unnecessarily for a long time.
The geographic restriction and the residence requirement are two different legal instruments. § 56 AsylG governs where you may stay, whereas § 60 AsylG governs where you must live. A residence requirement can therefore continue to apply even though the geographic restriction expired long ago: travel within Germany is then permitted, but your place of residence remains fixed.
Waiting period for work: three months is the rule. Under § 61 Abs. 1 Satz 3 AsylG, six months only apply if a take-charge request was made or a take-back notification was transmitted (Regulation (EU) 2024/1351), or if you have already been granted international protection in another EU state and Germany is not obliged to carry out a new asylum procedure. Outside the reception centre, three months of authorised stay are sufficient under § 61 Abs. 2 AsylG, with prior periods of permitted or tolerated stay being counted. The blanket statement “three to six months” is therefore too imprecise.
There are absolute bans on employment. Nationals of a safe country of origin under §§ 29a, 29b AsylG who made their asylum application after 31 August 2015 must not be permitted to take up employment under § 61 Abs. 2 AsylG. In the accelerated procedure, permission under § 61 Abs. 1 AsylG is not granted or is revoked. In these cases, even the expiry of any waiting period does not help.
Approval of the Federal Employment Agency. As a rule, the Ausländerbehörde only grants the employment permit with the approval of the Federal Employment Agency. No approval is required in the cases listed in § 32 Abs. 2 and 3 BeschV, including in-company vocational training in a state-recognised training occupation, certain internships under the Minimum Wage Act (Mindestlohngesetz, MiLoG) and any employment after four years of uninterrupted stay in the federal territory.
Benefits under the AsylbLG and the switch after 36 months. During the procedure, you are entitled to benefits under § 1 Abs. 1 AsylbLG and receive basic benefits for food, accommodation, clothing and health care, as well as an amount for necessary personal needs. After 36 months of residence in the federal territory without significant interruption, you receive analogous benefits (Analogleistungen) under § 2 AsylbLG at the level of social assistance under Book Twelve of the Social Code (SGB XII), provided that you have not influenced the length of your stay yourself in an abusive manner. The AsylbLG was also amended by the GEAS-Anpassungsgesetz; ask the competent benefits office for the amounts currently in force.
School attendance of children: state law decides. There is no uniform nationwide rule. In North Rhine-Westphalia, compulsory schooling begins with the allocation to a municipality (§ 34 Abs. 6 SchulG NRW), in Berlin as early as the issue of the Ankunftsnachweis (§ 41 Abs. 2 SchulG Berlin) and in Bavaria three months after moving there from abroad (Art. 35 Abs. 1 Satz 2 BayEUG); the other federal states link it to the move, to the allocation to a local authority or to waiting periods of three to six months. Access to a place in a Kita (child daycare centre) is likewise governed by federal state and local law.
Report every change of address immediately. In the asylum procedure, the special rules on service under § 10 AsylG apply: anyone who does not report a change of address must accept service at the last known address as effective against them. A notice of rejection served in this way starts the time limit for legal remedies running, even if you have never read it.
Cooperating in establishing your identity. Under § 15 AsylG, you must cooperate in clarifying your identity and present any documents you have. Anyone who fails to do so risks delays in the procedure, reductions in benefits and later difficulties with any residence title, because an unclarified identity is usually an obstacle to its issue.
Avoid these mistakes
Common mistakes
Confusing the geographic restriction with the residence requirement. Anyone who believes they are permanently bound to the district (Landkreis) to which they were allocated unnecessarily forgoes job interviews, appointments with authorities and family visits in other cities, even though the restriction may long since have expired under § 59a Abs. 1 AsylG. Conversely, an infringement of a restriction that does still apply leads to regulatory fines and, in the event of repetition, to criminal consequences.
Working without permission. Employment before the Ausländerbehörde has granted permission is not allowed – not even as a temporary helper, on a trial basis or for cash payment. The consequences are sanctions against you and against the employer, as well as a negative assessment in the further procedure under residence law, which can still be used against you years later.
Assuming that everyone may work after three months. For nationals of a safe country of origin who made their asylum application after 31 August 2015, an absolute ban on employment applies under § 61 Abs. 2 AsylG. Anyone who signs an employment contract anyway usually loses the job again immediately and may already have incurred costs for a move, travel or work clothing.
Not reporting a move or change of address. Under § 10 AsylG, service at the last known address is deemed to have been effected. In this way, a notice of rejection becomes final without you ever having held it in your hands – the time limit for legal remedies expires, and the ongoing asylum procedure turns into an enforceable obligation to leave the federal territory.
Letting the certificate expire. An expired certificate does not change your statutory right of residence, but in practice it leads to problems during police checks, with your employer, at the benefits office and when receiving medical treatment. Appointments are scarce: book the extension appointment several weeks before expiry.
Withholding documents you have. Anyone who does not present their passport, Geburtsurkunde or identity papers from their country of origin infringes the obligation to cooperate under § 15 AsylG. This not only delays the decision but can also trigger reductions in benefits and mean that later any residence title fails because your identity has not been clarified.
Overlooking the time limit for lodging an action stated in the Bescheid. Time limits for legal remedies in asylum law are short and vary in length depending on the type of decision. The only thing that counts is the Rechtsbehelfsbelehrung in your specific Bescheid; if the deadline stated there is missed, the refusal becomes final and can practically no longer be challenged.
Relying on outdated guides. Numerous information sheets online reflect the legal position before 12 June 2026 and therefore state incorrect periods for the obligation to live in the reception centre and for access to the labour market. For every piece of information, check the date on which it was last edited and compare it with the current wording on gesetze-im-internet.de before you base any decisions on it.
Frequently asked questions
Questions and answers
How long does it take to get the Aufenthaltsgestattung?
There is no processing time, because the Aufenthaltsgestattung is not applied for but arises by operation of law. As soon as the requirements of § 55 AsylG in conjunction with Article 10(1) of Regulation (EU) 2024/1348 are met, your stay is permitted. The authority merely issues a certificate that documents the existing right.
What changed on 12 June 2026?
The GEAS-Anpassungsgesetz of 23 April 2026 (BGBl. 2026 I Nr. 111) completely reworded § 55 AsylG, which since then has referred directly to Article 10(1) and Article 68(2), (4) and (7) of Regulation (EU) 2024/1348. With effect from the same date, § 47 AsylG on the obligation to live in the reception centre, § 61 AsylG on gainful employment and the Asylum Seekers’ Benefits Act (AsylbLG) were also amended. Older information sheets therefore reflect an outdated legal position on these points.
Am I allowed to work with an Aufenthaltsgestattung?
In principle yes, but only after a waiting period and only with the express permission of the Ausländerbehörde for a specific employment relationship. As long as you are obliged to live in the reception centre, employment under § 61 Abs. 1 AsylG is possible at the earliest three months after the registration of the asylum application; six months apply if a take-charge request was made or a take-back notification was transmitted (Regulation (EU) 2024/1351), or if you have already been granted international protection in another EU state and Germany is not obliged to carry out a new asylum procedure. Outside the reception centre, three months of authorised stay are sufficient under § 61 Abs. 2 AsylG, with prior periods of permitted or tolerated stay being counted.
Are there cases in which I am not allowed to work at all?
Yes. Nationals of a safe country of origin under §§ 29a, 29b AsylG who made their asylum application after 31 August 2015 must not be permitted to take up employment under § 61 Abs. 2 AsylG. In the accelerated procedure, too, permission under § 61 Abs. 1 AsylG is not granted or is revoked. In these situations, even the expiry of the waiting period changes nothing.
Am I allowed to leave the district I have been allocated to?
Not freely at the beginning, because under § 56 AsylG your stay is initially restricted to the district of the competent Ausländerbehörde. However, this geographic restriction expires under § 59a Abs. 1 AsylG as soon as you have been staying in the federal territory without interruption for three months on a permitted, tolerated or authorised basis and you are no longer obliged to live in the reception centre. This must be distinguished from the residence requirement under § 60 AsylG, which only determines where you must live and does not prohibit travel within the federal territory.
How long do I have to live in the reception centre?
As a rule, § 47 AsylG provides for an obligation to live in the reception centre for up to 18 months. Families with minor children, including adult unmarried siblings, are obliged to do so for no more than 6 months. Persons from a safe country of origin must live in the centre until the Federal Office’s decision; in cases of secondary migration and under corresponding federal state rules, up to 24 months are possible.
Which social benefits do I receive during the asylum procedure?
During the asylum procedure, you are entitled to benefits under § 1 Abs. 1 AsylbLG and receive basic benefits for food, accommodation, clothing and health care, as well as an amount for necessary personal needs. After 36 months of residence in the federal territory without significant interruption, analogous benefits (Analogleistungen) at the level of social assistance under Book Twelve of the Social Code (SGB XII) are granted under § 2 AsylbLG, provided that you have not influenced the length of your stay yourself in an abusive manner. The AsylbLG was also amended by the GEAS-Anpassungsgesetz; ask the competent benefits office for the current amounts.
How much does the Aufenthaltsgestattung cost?
Nothing. The Ordinance Governing Residence provides for no fee for the certificate of the Aufenthaltsgestattung, unlike the Duldung, for which § 47 Abs. 1 Nr. 5 AufenthV provides for a fee. Costs only arise later on, for example €100.00 for a residence permit where a deportation ban has been established (§ 45 AufenthV) – free of charge under § 53 AufenthV if you receive benefits under Book Two of the Social Code (SGB II), Book Twelve of the Social Code (SGB XII) or the AsylbLG – or expenses for translations and obtaining a passport. After recognition as a person entitled to asylum, as a refugee or as a person entitled to subsidiary protection, on the other hand, the residence permit is free of charge (§ 52 Abs. 3 AufenthV).
Do my children have to go to school?
Children have access to school, but the exact point in time is governed by state law and is not regulated uniformly nationwide. In North Rhine-Westphalia, compulsory schooling begins with the allocation to a municipality (§ 34 Abs. 6 SchulG NRW), in Berlin as early as the issue of the Ankunftsnachweis (§ 41 Abs. 2 SchulG Berlin) and in Bavaria three months after moving there from abroad (Art. 35 Abs. 1 Satz 2 BayEUG); the other federal states link it to the move, to the allocation to a local authority or to waiting periods of three to six months. Ask the competent Schulamt (school authority) which rule applies in your place of residence.
What happens at the end of the asylum procedure?
The Aufenthaltsgestattung ends when the procedure has been concluded with final, non-appealable effect. In the event of recognition, the Ausländerbehörde issues a residence title; in the event of a refusal, the obligation to leave the federal territory arises, and if deportation is impossible for factual or legal reasons, a Duldung may be considered. Make sure you observe the time limit for lodging an action stated in the Bescheid, because otherwise the refusal becomes final.
