Which difficulties may arise for women affected by violence when disregarding the residence obligation?
The residence obligation (see above) restricts mobility rights during the first few weeks after submitting an asylum application or, in the case of persons from so-called safe countries of origin, for the whole duration of the asylum procedure. This means that women affected by violence, who in order to escape their perpetrators have to relocate to a place that the residence obligation keeps them from going to, first have to obtain a permit (by filing a request, if possible in written form, at either the Federal Office or the Foreigners Office, depen-ding on the stage reached in the asylum pro-cedure). Otherwise they will violate the resi-dence obligation and commit an offence. In the case of women affected by violence, such an offence, which occurs due to having to escape the perpetrator, is deemed justified and has no direct negative influence on the asylum procedure.
Since this often involves a situation of imminent danger, it is generally possible to file the request belatedly or rather the women’s conduct will be considered as having been excused.