Apply to amend or revoke the residence requirement under the residence permit
Service description
If, as a foreign national, you are subject to a residence requirement in a specific location, you may, under certain conditions, have this residence requirement lifted or amended if you wish to move to another federal state. To do so, you must submit a corresponding application to the relevant immigration authority.
Procedure
- If you wish to apply to have the residence requirement attached to your residence permit amended or lifted, you must first submit an application to your relevant immigration authority.
- Please check in advance which documents you need to include with your application.
- The immigration authorities will assess your application and will usually seek the consent of the immigration authorities in your new place of residence.
- Once the assessment has been completed, you will receive a written notification.
Prerequisites
The requirements may also be met by a family member of the applicant.
A person entitled to asylum, a refugee or a person recognised as being in need of subsidiary protection
- Employment subject to social security contributions (at least 15 hours per week and a net income of at least 820.00 (as at April 2022)) or an income sufficient to cover living expenses
- Apprenticeship or university place
- The person with whom you are married, your registered civil partner, or the minor child to whom you are related and with whom you live or have lived as a family, lives at a different address
- Avoiding hardship (e.g. on humanitarian grounds)
Other foreign nationals subject to a residence rule
- An income sufficient to cover one’s living expenses
- Apprenticeship or university place
- The person with whom you are married, your registered civil partner or your minor child lives at a different address
Other humanitarian grounds
Which documents are required?
The required documents always relate to the specific reason for the request to move. Proof must be provided that the criteria are met. The requirements may also be met by a family member of the applicant. In addition to the documents listed below, the relevant immigration authorities may request further documents from you on a case-by-case basis.
A person entitled to asylum, a refugee or a person recognised as being in need of subsidiary protection- Employment
- An employment contract or job offer for employment subject to social security contributions, totalling at least 15 hours per week, which generates an income of at least the average monthly subsistence level for a single person as set out in Book II of the Social Code
- Place on a degree course or vocational training programme
- Apprenticeship contract or certificate of enrolment
- Place of residence of your spouse/civil partner/minor child
- Certificate of Registration
- Marriage certificate
- Birth certificate
- Other reasons for avoiding hardship
- Detailed justification
- Medical certificate
- Integration measure
- Certificate confirming attendance at an integration course, a vocational language course, a training programme lasting at least three months leading to professional recognition, or a further training programme in accordance with Book III of the Social Code
Other foreign nationals subject to a residence rule
- Employment
- Employment contract
- the last three payslips
- Place on a degree course or vocational training programme
- Apprenticeship contract
- Confirmation from the employer that the trainee has taken up the training post
- Certificate of Enrolment
- Integration courses
- Vocational language courses
- Training programmes
- Further training programmes
- Place of residence of your spouse/civil partner/minor child
- Certificate of Registration
- Marriage certificate
- Birth certificate
- Recognition of paternity
- Joint Declaration of Concern
- Other humanitarian grounds
- E.g. medical certificates
- Detailed written justification
- Employment
What fees are incurred?
Cost (variable): from 0 to 50.00
Payment in advance:
Description of the costs:
Remark:
If you are in receipt of social security benefits, this application is free of charge. For information on
exemptions and reductions, please refer to the Residence Regulations.What deadlines do I have to observe?
Deemed authorisation
If the immigration authority at the new place of residence does not respond to the enquiry from the immigration authority at the current place of residence within four weeks, authorisation is automatically granted and the applicant is permitted to move.
Processing time
The duration depends on the immigration authorities.
Legal basis
Legal remedy
- Contradiction
- Action before the administrative court
What else should I know?
- An in-person audition is required.
- You may only move house once you have received approval from your current immigration authority. Please therefore avoid moving house until you have received this approval.
Author
Ministry for Social Affairs, Youth, Family, the Elderly, Integration and Equality of the State of Schleswig-Holstein