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Accommodation arrangements

Member States may freely organise their reception systems as long as the reception conditions they provide are sufficient to ensure an adequate standard of living for applicants for international protection (Article 7 RCD (2024)). The directive leaves a considerable degree of discretion for Member States to define how it should be achieved. 

As general rule, applicants have the right to move freely within the territory of the Member State where they are undergoing the asylum procedure. Member States may take the measures below.

  • Allocate applicants to accommodation (Article 7 RCD (2024)) to support the managing of their asylum and reception system. The allocation must take into account objective factors including family unity, special reception needs, and the effective enjoyment of their rights under the RCD (2024). The provision of material reception conditions may depend on the applicant’s actual residence in the assigned accommodation. In this case, a mechanism to verify the actual residence may be set up.
  • Allocate applicants to a geographical area (Article 8 RCD (2024)) within the Member State’s territory to ensure the swift, efficient and effective processing of their application for international protection or the geographical distribution of applicants, taking into account the capacities of the geographical areas concerned and ensuring that applicants have effective access to their rights. Applicants are able to move freely within this geographical area. The area must be sufficiently large and not affect the applicant’s unalienable sphere of private life. Member States must inform applicants of the geographical area to which they are allocated and the boundaries of that area.
  • Restrict the freedom of movement (Article 9 RCD (2024)) of an applicant and allow an applicant to reside only in a specific place suitable for accommodation for reasons of public order or to effectively prevent the applicant from absconding. Absconding means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without permission from the competent authorities, for reasons which are ‘not beyond the applicant’s control'. Authorities may also require applicants to report to them at set times or reasonable intervals, provided this does not disproportionately affect their rights. All decisions under this article must be proportionate, consider the applicant’s individual circumstances and special reception needs and be communicated in writing in clear and accessible language. Applicants must be properly informed of their rights, obligations and consequences of non-compliance The applicant may appeal before a court a decision that restricts their residence to a specific place. The obligation to reside in a specific place applies even if the applicant has the means to afford other accommodation and could be combined with reporting obligations. The provision of material reception conditions is subject to their actually residing in that specific place.

The application of restriction of freedom of movement is mandatory in the asylum border procedure (Article 43, Article 54(1) and Article 45(1) of the asylum procedures regulation). Under the asylum border procedure applicants are required by the Member State to reside near the external border, in a transit zone or at other designated areas.

When allocating or reallocating applicants, authorities shall take appropriate measures to maintain, as far as possible, family unity present within its territory. Such measures shall be implements with the applicant's consent.

Applicants who are notified of a transfer decision to the Member State responsible, lose entitlement to some reception conditions in any other Member State expect the one they are required to be present. This does not affect the obligation on the Member State to ensure an adequate standard of living. Transfer decisions must state which reception conditions are withdrawn. Applicants must be informed of their rights and obligations related to such decisions (Article 21 RCD (2024)).

Information provision messages 

During the phase of stay in reception, it is necessary to regularly inform applicants about the type of accommodation that may be provided and the applicable rules, as per national context. Explain them that the authorities decide on the type of accommodation, taking into consideration the situation of the applicants, the available places, the applicant’s needs, personal and family situation and health condition, among others. 

Inform them of the conditions under which the applicant may opt for private accommodation (e.g. no requirement to stay in a specific place, sufficient financial resources) and the possibility of staying with family members or friends.

Inform them of the terms and conditions under which the applicant may receive housing in the form of financial allowance or vouchers and what rules they must follow if residing outside reception facilities. 

If applicants were allocated an accommodation place (reception facility, no restriction), explain the following.  

  • The reasons for this allocation (e.g. efficient distribution of applicants, access to services, family unity)
  • Any presence checks or other measures in place (e.g. regular proof of address, phone number/ email address).
  • Access to material reception conditions (e.g. housing, food, and basic support) may depend on residing in the allocated accommodation (if applicable). 

If applicants were allocated to a designated geographical area, explain the following.

  • The reasons for this allocation and the obligation to stay in a designated geographical area.
  • The possible consequences of not complying with the obligation to stay in the designated geographical area.
  • The obligation to notify in advance to the reception/competent authority, without asking for permission, of any official appointments they have with other authorities (e.g. to attend an interview with the asylum authority) or courts (e.g. to attend a court hearing).
  • The boundaries of the geographical area they are assigned to. 
  • The possibility, upon request, to be granted permission to temporarily leave the geographical area only for duly justified, urgent and serious reasons, such as:
    • urgent family matters (e.g., the serious illness or death of a close family member);
    • necessary medical treatment that is not available within the assigned area.
  • The right to appeal a decision denying such permission and the available mechanisms. 

If applicants have their freedom of movement restricted and are allowed to reside only in a specific place (e.g. a specific reception centre), explain the following.

  • (if the applicant undergoes the asylum procedure within the territory) The reasons the authority decided to allow them to reside only in the specific place, such as:
    • public order or
    • to prevent absconding, where there is a risk of absconding. This may apply in particular to:
      • applicants who are required to stay in another Member State that is responsible for examining their application; and 
      • applicants who have been transferred back to the Member State responsible for examining their application after absconding to another Member State.
  • (if the applicant undergoes the asylum border procedure) The reasons the authority decided to allow them to reside only in the specific place. Mandatory for all applicants who undergo the asylum border procedure. For more information, see Section Asylum border procedure. [new section forthcoming on the ‘Asylum Procedure’ Thematic Area on the portal] 
  • The fact that they will receive (or received) this decision in writing, including with information on the specific place where they must reside.
  • The possible consequences of not complying with the obligation to reside in the specific place. (See topic ‘Reduction and withdrawal of material reception conditions’ in Section Other material reception conditions).
  • How the entry/exit system works, the hours in which applicants can exit and return to the reception centre and the reporting requirements.
  • The fact that material reception conditions depend on the applicant’s actual residence in the specific place (to be adapted based on the national legislation). 
  • The possibility, upon request, to be granted permission to temporarily leave the specific place and how such a request can be submitted. 
  • The obligation to notify in advance to the reception/competent authorities, without asking for permission, of any official appointments they have with other authorities (e.g. to attend an interview with the asylum authority) or courts (e.g. to attend a court hearing).
  • The right to appeal the decision restricting the applicant's freedom of movement and the available mechanisms. 

No matter of the accommodation arrangement, inform applicants about the following.

  • The right to safe accommodation and family unity in reception facilities. This includes:
    • staying together with family members (e.g. spouse, children and siblings under 18).
    • staying, where relevant, with an adult relative who requires daily care.
    • staying, where the applicant requires daily care, with relatives able to provide such care. 
  • The possibility to communicate with family members through different means of communication (e.g. phone, letters or other available channels), regardless of the type of accommodation. 
  • The availability of alternative accommodation arrangements for applicants with special needs. For more information about the importance of informing the staff about special needs, see Section Special Needs.
  • The amenities available within the premises, such as:
    • gender-separated sanitary facilities
    • separate facilities for women and their children
    • communal areas, including their schedule where applicable. 
  • Modalities of transfers to other accommodation centres and the conditions for requesting an extension of accommodation.

See section on house rule in Other material reception conditions for additional information. 

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Practical Tips

  • Ensure that applicants have an effective opportunity to provide information about their special needs and family composition when deciding accommodation arrangements.
  • Encourage applicants to regard the accommodation facility as their temporary home regardless of the type of accommodation provided by the authority. Maintaining cleanliness and order contributes to more enjoyable living conditions.
  • Ensure that they are aware of the possibility to request, at any time, any information related to the accommodation arrangements if something is unclear. This helps maintain open and constructive communication with the applicants.